Ord 43-11ORDINANCE NO. 43-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70 -89
THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE
FONTAINE FOX HOUSE AND PROPERTY; AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE
4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS ",
SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS ",
SUBSECTION (Iq, "DESIGNATION OF HISTORIC SITES ", PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 70 -89 was adopted on October 24, 1989 and provided for the historic
designation of the Fontaine Fox House and property as described in L.D.R. Section 4.5.1(lq (2), and
allowed the development of a total of 3 dwelling units on the site including the development of a house on
the east side of A-1-A, provided certain conditions were met; and
WHEREAS, there currently exists the Fontaine Fox house and a house on the east side of A -1 -A
within the historically designated area; and
WHEREAS, the - current owner of the Fontaine Fox house and lands west of A -1 -A wishes to
amend Ordinance No. 70 --89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1, "Designation" of Ordinance No. 70 -89 of the City of Delray Beach is
hereby repealed in its entirety and replaced by a new Section 1, "Designation" to read as follows:
Designation
The Fontaine Fox House designation consists of Lots 1 and 2 of the Ocean Apple Estates
plat, the South fifty feet (50D of Lots 1 and 2 of the Apple Ocean Estates, Plat II, and Lot 3 of the Ocean
Apple Estates, Plat II. The Fontaine Fox House is located on Lot 2, Ocean Apple Estates at 610 North
Ocean Boulevard.
Section 2. That Section 2, "Requirements of Designation" of Ordinance No. 70 -89 of the City of
Delray Beach is hereby repealed in its entirety and replaced by a new Section 2, "Requirements and
Restrictions of Designation" to read as follows:
Recluiremg.nts and Restrictions of Designation
Not withstanding-'any provision of the City Code of the City of Delray Beach and any other
provision of this Ordinance, the following requirements shall apply to the use and development of the
Individually Designated Fontaine Fox site:
(1) No more than three (3) dwelling units shall be used, developed, or located within the
boundaries of the Fontaine Fox Historic Site. Two dwelling units currently exist on the historic site, with
one unit on Lot 1, Ocean Apple Estates, and the other on Lot 2, Ocean Apple Estates. An additional
dwelling unit may be constructed on Lot 3, Ocean Apple Estates, Plat II.
(2) No dwelling unit used or developed on that portion of the Fontaine Fox Historic Site
which lies east of State Road A-1 -A shall contain more than two thousand and four hundred (2,400) square
feet of gross floor area.
(3) No dwelling unit, or any portion thereof, shall be developed within the south fifty feet (50')
of Lots 1 and 2 of the Ocean Apple Estates, Plat II.
Section 3. That Article 4.5, "Historic Preservation Sites and Districts ", Section 4.5.1, "Historic
Preservation Sites and Districts ", Subsection (K), "Designation of Historic Sites ", of the Land Development
Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows:
(K) Designation of Historic Sites: The following Historic Sites are hereby affirmed or established:
(1) THE SCOTT HOUSE, 19 Andrews Avenue, located on the North 50 feet of the West 110 feet of
the South 100 feet, less the West 10 feet of the Beach Lot 15, Subdivision of the Fractional East Half of Section 16,
Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. (Original designation by
Ordinance 17 -90, May 22,,1990).
(2) FONTAINE FOX HOUSE, 610 N. Ocean Boulevard, located on the South 14alf of Lot 4 lying
West of Swe Road AIA, �ess the Wese 435.5 feet 4tereof, less the West 25 feet thereof for- j!oad Right of w*y), thft
part of the South 10 feet t aJVa. ✓ KuLL the 19V1 LL1 110.11 of 1lVl 1 1J � West of UIQ I\ Road AIA �ess the West 25 fi��
thereof far- r-eftd Right ' ftfid Let 3 (less the South 10 feet
thereof, less the West 25 feet thereof for r-oftd
Right ef-w*y) �ess Right J , '
Bleeks P *ad E, Palm Beaeh Shore Acres, E)elr*y Beiteh, Pfthn Beach County, Roi4dft fts Reeerded in P6t Book 7,
Page 38, of the Publie of P--Im.. Beaeh Goenty, F4efidft. Aiid that paff of the South 40 feet of Lot 3 lying
Eftst of the Right of way .af State Reftd . Lot 2 of Ocean Apple Estates, and whose historically des ated
boundary consists of Lots 1 and 2 Ocean Apple Estates and a portion of Ocean Apple Estates Plat II described as
the South 50 feet of Lots 1 and 2. and Lot 3. (Original Designation by Ordinance 70 -89 October 24, 1989•
Amended by Ordinance 43 -11, December 6, 2011)
(3) SITE OF SCHOOL NO. 4 DELRAY COLORED, located on Block 28, Lot 2, N.W. 5th
Avenue. (Original designation by Ordinance 16 -89)
(4) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W. 4th Avenue,
located on Lot 7, Block 29, Delray Beach. (Original designation by Ordinance 17 -89)
2
ORD. NO. 43 -11
(5) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W. 5th Avenue, located
on Lot 5, Block 27, Delray Beach (Original designation by Ordinance 18 -89)
(6) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE 275,85 N.W. 5th
Avenue, located on Lot 1, Block 28, Delray Beach (Originally designation by Ordinance 19 -89)
(7) ST. MATTHEW EPISCOPAL CHURCH, 404 S.W. 3rd Street, located on Lot 1, Block 32,
Delray Beach (Original designation by Ordinance 20 -89)
(8) THE KOCH HOUSE, 777 North Ocean Boulevard. Palm Beach Shore Acres, Lot 21, Block D,
Delray Beach, Palm Beach County
(9) SUNDY FEED STORE, located on the South 85 feet of the North 153 feet of Lot 1, Block 84,
Delray Beach, Palm Beach County.
(10) HISTORIC DEPOT SQUARE, located on a parcel of land lying in Section 18, Township 46
South, Range 43 East, City of Delray Beach (Original designation by Ordinance 119 -88)
(11) THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX, located on the
South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of Lot 21 and Lots 22, 23, 24 and 25, Inclusive, Block
108. And Lots 5, 6 and 7, Less 5 foot Road R /W, Block 108, Town of Delray, with the designation pertaining to
the buildings only and not the grounds.
(12) MILTON -MYERS POST NO. 65, THE AMERICAN LEGION OF THE UNITED
STATES, 263 N.E. 5th Avenue, located on Lots 5, 14 and 15, Block 106, Delray Beach, formerly Town of Linton,
Palm Beach County, Florida.
(13) SOLOMON D. SPADY HOUSE, 170 N.W. 5th Avenue, located on Lots 5, 6 and the north 26.25
feet of Lot 7, Block 19, Delray Beach, formerly Town of Linton, Palm Beach County, Florida.
(14) THE SUSAN WILLIAMS HOUSE, located at 154 N.W. 51" Avenue, Delray Beach, Florida;
more particularly described as follows: south 12 feet of Lot 7 and Lot 8, Melvin S. Burd Subdivision, as recorded in
Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida (154 N.W. 5,b Avenue).
(15) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lots 12, 13, and 14, Block 117, Delray
Beach, formerly Town of Linton, Palm Beach County, Florida.
(16) THE MO _NTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block 60, Delray
Beach, formerly Town of Linton, Palm Beach County, Florida.
(17) THE HISTORIC BUNGALOW, 24 North Swinton Avenue, located south 50 feet of Lot 11,
Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida.
3
ORD. NO. 43 -11
(18) THE SANDOWAY HOUSE, 142 South Ocean Boulevard. Beach Lots Delray, the South 73 feet
of the North 100 feet of Lot 24, less the West 355 feet, as recorded in Plat Book 1, Page 25, of the Public Records
of Palm Beach County, Florida.
(19) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, located on a portion
of the Trinity Evangelical Lutheran Church property at 400 North Swinton Avenue, Delray Beach, Florida; more
particularly described as the East 1/2 of Lot 12, Section 8- 46 -43, Delray Beach, Palm Beach County, Florida. The
chapel is the only building'in the church complex receiving an historic designation. The church complex is located
at the northwest corner of Lake Ida Road and Swinton Avenue.
(20) THE TURNER HOUSE, located at 145 N.E. 6th Avenue, Delray Beach, Florida; more
particularly described as the South 27.6 feet of Lot 5, less the West 5 feet SR R /W, Lots 6 & 7, less the West 5 feet
SR R /W, of Block 115, as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida.
(21) THE PRICE HOUSE, located at 1109 Sea Spray Avenue, Delray Beach, Florida; more particularly
described as Lot 11, Sea Spray Estates, as recorded in Plat Book 21 at Page 15 of the Public Records of Palm Beach
County, Florida.
(22) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY
BEACH, located at 36 Bronson Street, Delray Beach, Florida; more particularly described as Lots 16, 17, 18 and
19, Block 3, Ocean Park Subdivision, as recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach
County, Florida.
(23) THE AT.I..ANTIC AVENUE BRIDGE (State Structure #930864), located at East Atlantic
Avenue and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida.
(24) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the N.E. 8th Street
Bridge, (State Structure : #930026), located at George Bush Boulevard and the Intracoastal Waterway in the City
of Delray Beach, Palm Beach County, Florida.
(25) THE WATER HOUSE, located at 916 and 918 Northeast 5th Street, Delray Beach, Florida; more
particularly described as the West 84.82 feet of Lot 37, Las Palmas, Delray Beach, Florida, according to the Plat
thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat
Book 10 at Page 68.
(26) THE O'NEAL HOUSE, located at 910 N.E. 2nd Avenue, Delray Beach, Florida, more particularly
described as follows: Lots 1, 2, 3, 28 and 29, Block 10, Dell Park, Delray Beach, Palm Beach County, Florida,
according to the Plat thereof, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County,
Florida.
(27) THE AMELUNG HOUSE, located at 102 NE 121h Street, Delray Beach, Florida, more
particularly described as follows: Lot 9, Block 6, Dell Park, according to the Plat recorded in Plat Book 8, Page 56,
recorded in the Public Records of Palm Beach County, Florida; said land situate, lying and being in Palm Beach
County, Florida.
4
(28) THE DEWITT ESTATE, located at 1110 North Swinton Avenue, Delray Beach, Florida, more
particularly described as the East 365.69 feet of Lot 8 (less the West 40.00 feet of the South 20.00 feet of said East
365.69 feet of Lot 8) Subdivision of South half of East half of Lot 8, Section 8, Township 46 South, Range 43 East,
according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County,
Florida.
(29) THE HARTMAN HOUSE, located at 302 N.E. 7th Avenue, Delray Beach, Florida, more
particularly described as follows: Lots 13 and 14, Block 113, Highland Park according to the map or plat thereof as
recorded in Plat Book 2, Page 79, of the Public Records of Palm Beach County, Florida.
(30) THE SENYVELL C. BIGGS HOUSE, located at 212 Seabreeze Avenue, Delray Beach, Florida,
more particularly described as follows: Lot 21 and the West 35 feet of Lot 22, Delray Beach Esplanade, according
to the plat thereof, as recorded in Plat Book 18, Page 39, Public Records of Palm Beach County, Florida.
Section 4. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared
to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 6. That this ordinance shall become effective upon recordation of the Ocean Apple Estates,
Plat II.
PASSED AND AI-)OPTED in regular session on second and final reading on this A� dap of
32011.
be✓y
MAYO
ATTEST
City Clerk
First Readin —
Second Readin g \\0
ORD. NO. 43 -11
Coversheet
IUV U_ Lei 111A.1,10 11110V
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: November 28, 2011
Page 1 of 1
SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF DECEMBER 6 2011
ORDINANCE NO. 43-11
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider amending Ordinance No. 70 -89
which revises Section 1, "Designation ", and Section 2, "Requirements of Designation" of Ordinance
70 -89, and an amendment to Land Development Regulations (LDR) Section 4.5.1(K)(2), "Designation
of Historic Sites ", to provide for the revised legal description of the Fontaine Fox Designation.
BACKGROUND
At the first reading on November 15, 2011, the Commission passed Ordinance No. 43 -11.
RECOMMENDATION
Recommend approval of Ordinance No. 43 -11 on second and final reading.
http: // itwebapp /AgendalntranetBluesheet .aspx ?ItemID = 5158 &MeetingID =363 12/9/2011
ORDINANCE NO. 43-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70 -89
THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE
FONTAINE FOX HOUSE AND PROPERTY; AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE QTY OF DELRAY BEACH, FLORIDA, BY
AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS ", SECTION 4.5.1, "HISTORIC
PRESERVATION SITES AND DISTRICTS ", SUBSECTION (K),
'DESIGNATION OF HISTORIC SITES ", PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, Ordinance No. 70 -89 was adopted on October 24, 1989 and provided for the
historic designation of the Fontaine Fox House and property as described in L.D.R. Section
4.5.1(x)(2), and allowed the development of a total of 3 dwelling units on the site including the
development of a house on the east side of A 1 -A, provided certain conditions were met; and
WHEREAS, there currently exists the Fontaine Fox house and a house on the east side of A
1 -A within the historically designated area; and
WHEREAS, the current owner of the Fontaine Fox house and lands west of A-1 -A wishes to
amend Ordinance No. 70 -89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 1, "Designation" of Ordinance No. 70 -89 of the City of Delray
Beach is hereby repealed in its entirety and replaced by a new Section 1, "Designation' to read as
follows:
Designation
The Fontaine Fox House designation consists of Lots 1 and 2 of the Ocean Apple
Estates plat, the South fifty feet (50� of Lots 1 and 2 of the Apple Ocean Estates, Plat II, and Lot 3
of the Ocean Apple Estates, Plat II. The Fontaine Fox House is located on Lot 2, Ocean Apple
Estates at 610 North Ocean Boulevard
Section 2. That Section 2, "Requirements of Designation' of Ordinance No. 70 -89 of the
City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 2,
"Requirements and Restrictions of Designation" to read as follows:
RPrnrirP is and Restrictions of Designation
Not withstanding any provision of the City Code of the City of Delray Beach and any other
provision of this Ordinance, the following requirements shall apply to the use and development of the
Individually Designated Fontaine Fox site:
(1) No more than three (3) dwelling units shall be used, developed, or located within the
boundaries of the Fontaine Fox Historic Site. Two dwelling units currently exist on the historic site,
with one unit on Lot 1, Ocean Apple Estates, and the other on Lot 2, Ocean Apple Estates. An
additional dwelling unit maybe constructed on Lot 3, Ocean Apple Estates, Plat II.
(2) No dwelling unit used or developed on that portion of the Fontaine Fox Historic Site
which lies east of State Road A 1 -A shall contain more than two thousand and four hundred (2,400)
square feet of gross floor area.
(3) No dwelling unit, or any portion thereof, shall be developed within the south fifty
feet (50') of Lots 1 and 2 of the Ocean Apple Estates, Plat II.
Section 3. That Article 4.5, "Historic Preservation Sites and Districts ", Section 4.5.1, "Historic
Preservation Sites and Districts ", Subsection (K), "Designation of Historic Sites", of the Land Development
Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows:
(K) Designation of Historic Sites: The following Historic Sites are hereby affirmed or
established
(1) THE SCOTT HOUSE, 19 Andrews Avenue, located on the North 50 feet of the West 110
feet of the South 100 feet, less the West 10 feet of the Beach Lot 15, Subdivision of the Fractional East Half
of Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida (Original
designation by Ordinance 17 -90, May 92, 1990).
(2) FONTAINE FOX HOUSE, 610 N. Ocean Boulevard, located on
(3) SITE OF SCHOOL NO. 4 DELRAY COLORED, located on Block 28, Lot 2, N.W. 5th
Avenue. (Original designation by Ordinance 16-89)
(4) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W. 4th
Avenue, located on Lot 7, Block 28, Delray Beach (Original designation by Ordinance 17 -89)
(5) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W. 5th Avenue,
located on Lot 5, Block 27, Delray Beach (Original designation by Ordinance 18 -89)
(6) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE 275, 85
N.W. 5th Avenue, located on Lot 1, Block 28, Delray Beach (Originally designation by Ordinance 19 -89)
ORD. NO. 43 -11
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(3) SITE OF SCHOOL NO. 4 DELRAY COLORED, located on Block 28, Lot 2, N.W. 5th
Avenue. (Original designation by Ordinance 16-89)
(4) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W. 4th
Avenue, located on Lot 7, Block 28, Delray Beach (Original designation by Ordinance 17 -89)
(5) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W. 5th Avenue,
located on Lot 5, Block 27, Delray Beach (Original designation by Ordinance 18 -89)
(6) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE 275, 85
N.W. 5th Avenue, located on Lot 1, Block 28, Delray Beach (Originally designation by Ordinance 19 -89)
ORD. NO. 43 -11
(7) ST. MATTHEW EPISCOPAL CHURCH, 404 S.W. 3rd Street, located on Lot 1, Block
32, Delray Beach (Original designation by Ordinance 20 -89)
(8) THE KOCH HOUSE, 777 North Ocean Boulevard Palm Beach Shore Acres, Lot 21,
Block D, Delray Beach, Palm Beach County
(9) SUNDY FEED STORE, located on the South 85 feet of the North 153 feet of Lot 1, Block
84, Delray Beach, Palm Beach County.
(10) HISTORIC DEPOT SQUARE, located on a parcel of land lying in Section 18, Township
46 South, Range 43 E ast, City of Delray Beach (Original designation by Ordinance 119 -88)
(11) THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX, located
on the South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of Lot 21 and Lots 22, 23, 24 and 25,
Inclusive, Block 108. And Lots 5, 6 and 7, Less 5 foot Road R/W, Block 108, Town of Delray, with the
designation pertaining to the buildings only and not the grounds.
(12) MILTON -MYERS POST NO. 65, THE AMERICAN LEGION OF THE UNITED
STATES, 263 N.E. 5th Avenue, located on Lots 5, 14 and 15, Block 106, Delray Beach, formerly Town of
Linton, Palm Beach County, Florida
(13) SOLOMON D. SPADY HOUSE, 170 N.W. 5th Avenue, located on Lots 5, 6 and the
north 26.25 feet of Lot 7, Block 19, Delray Beach, formerly Town of Linton, Palm Beach County, Florida
(14) THE SUSAN WILLIAMS HOUSE, located at 154 N.W. 5th Avenue, Delray Beach,
Florida, more particularly described as follows: south 12 feet of Lot 7 and Lot 8, Melvin S. Burd Subdivision,
as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida (154 N.W. 5th
Avenue).
(15) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lots 12, 13, and 14, Block 117,
Delray Beach, formerly Town of Linton, Palm Beach County, Florida
(16) THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block 60,
Delray Beach, formerly Town of Linton, Palm Beach County, Florida.
(17) THE HISTORIC BUNGALOW, 24 North Swinton Avenue, located south 50 feet of Lot
11, Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida
(18) THE SANDOWAY HOUSE, 142 South Ocean Boulevard Beach Lots Delray, the South
73 feet of the North 100 feet of Lot 24, less the West 355 feet, as recorded in Plat Book 1, Page 25, of the
Public Records of Palm Beach County, Florida
(19) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, located on a
portion of the Trinity Evangelical Lutheran Church property at 400 North Swinton Avenue, Delray Beach,
Florida; more particularly described as the East r/2 of Lot 12, Section 8- 46-43, Delray Beach, Palm Beach
County, Florida The chapel is the only building in the church complex receiving an historic designation
The church complex is located at the northwest corner of Lake Ida Road and Swinton Avenue.
ORD. NO. 43-11
(20) THE TURNER HOUSE, located at 145 N.E. 6th Avenue, Delray Beach, Florida; more
particularly described as the South 27.6 feet of Lot 5, less the West 5 feet SR R/W, Lots 6 & 7, less the West
5 feet SR R/W, of Block 115, as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach
County, Florida
(21) THE PRICE HOUSE, located at 1109 Sea Spray Avenue, Delray Beach, Florida; more
particularly described as Lot 11, Sea Spray Estates, as recorded in Plat Book 21 at Page 15 of the Public
Records of Palm Beach County, Florida.
(22) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURCH OF
DELRAY BEACH, located at 36 Bronson Street, Delray Beach, Florida; more particularly described as Lots
16, 17, 18 and 19, Block 3, Ocean Park Subdivision, as recorded in Plat Book 5 at Page 15 of the Public
Records of Palm Beach County, Florida
(23) THE ATLANTIC AVENUE BRIDGE (State Structure #930864), located at East
Atlantic Avenue and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida
(24) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the N.E. 81h
Street Bridge, (State Structure #930026), located at George Bush Boulevard and the Intracoastal Waterway
in the City of Delray Beach, Palm Beach County, Florida
(25) THE WATER HOUSE, located at 916 and 918 Northeast 5th Street, Delray Beach, Florida;
more particularly described as the West 84.82 feet of Lot 37, Las Palmas, Delray Beach, Florida, according to
the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County,
Florida, in Plat Book 10 at Page 68.
(26) THE O NEAL HOUSE, located at 910 N.E. 2nd Avenue, Delray Beach, Florida, more particularly
described as follows: Lots 1, 2, 3, 28 and 29, Block 10, Dell Park, Delray Beach, Palm Beach County, Florida,
according to the Plat thereof, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach
County, Florida
(27) THE AMELUNG HOUSE, located at 102 NE 12th Street, Delray Beach, Florida, more
particularly described as follows. Lot 9, Block 6, Dell Park, according to the Plat recorded in Plat Book 8,
Page 56, recorded in the Public Records of Palm Beach County, Florida, said land situate, lying and being in
Palm Beach County, Florida
(28) THE DEWITT ESTATE, located at 1110 North Swinton Avenue, Delray Beach, Florida,
more particularly described as the East 365.69 feet of Lot 8 (less the West 40.00 feet of the South 20.00 feet
of said East 365.69 feet of Lot 8) Subdivision of South half of East half of Lot 8, Section 8, Township 46
South, Range 43 East, according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public
Records of Palm Beach County, Florida
(29) THE HARTMAN HOUSE, located at 302 N.E. 7th Avenue, Delray Beach, Florida, more
particularly described as follows: Lots 13 and 14, Block 113, Highland Park according to the map or plat
thereof as recorded in Plat Book 2, Page 79, of the Public Records of Palm Beach County, Florida
(30) THE SEWELL C. BIGGS HOUSE, located at 212 Seabreeze Avenue, Delray Beach,
Florida, more particularly described as follows: Lot 21 and the West 35 feet of Lot 22, Delray Beach
ORD. NO. 43 -11
Esplanade, according to the plat thereof, as recorded in Plat Book 18, Page 39, Public Records of Palm Beach
County, Florida
Section 4. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or vwrd be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed-
Section 6. That this ordinance shall become effective upon recordation of the Ocean Apple
Estates, Plat II.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 201_.
ATTEST
City Clerk
First Reading
Second Reading
MAYOR
ORD. NO. 43 -11
Coversheet
I►I I Old [IINTLI ►1111�►1
TO: Mayor and City Commissioners
FROM: Amy E. Alvarez, Historic Preservation Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: David T. Harden, City Manager
DATE: November 9, 2011
Page 1 of 2
SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
ORDINANCE NO. 43-11
ITEM BEFORE COMMISSION
The item before Commission is consideration of Ordinance 43 -11 which amends the legal description of
the Fontaine Fox House historic designation in LDR Section 4.5.1(K), and amends the legal description
and development restrictions of the historically designated Fontaine Fox House set forth in Ordinance
70 -89.
BACKGROUND
The Fontaine Fox historic designation presently consists of Lots 1, 2 and 3 of the Ocean Apple Estates
Plat (see attached map). The properties are located approximately 900' south of George Bush Boulevard
between Andrews Avenue and the Atlantic Ocean. Lot 1 is on the east side of Ocean Boulevard (615
North Ocean Boulevard) while lots 2 and 3 are on the west side of Ocean Boulevard (610 North Ocean
Boulevard), between North Ocean Boulevard and Andrews Avenue. The property is zoned R -1 -AAA
(Single Family Residential) and is an individually listed property in the Local Register of Historic
Places established by Ordinance 70 -89.
Ordinance 70 -89 contains the stipulations that on Lot 1 (the oceanfront lot) one dwelling unit of no
more than 2,400 square feet could be built (house erected in 1993) and that the entire Fontaine Fox
designated site, which presently consists of three lots, not contain more than three dwelling units (one
house per lot).
Ordinance 43 -11 amends the aforenoted stipulations by revising "Section 1, Designation ", and "Section
2, Requirements of Designation" of Ordinance 70 -89, as well as an Amendment to LDR Section 4.5.1
(K)(2), Designation of Historic Sites, to provide for the revised legal description of the Fontaine Fox
Designation. These changes are requested as Lot 3 of the Ocean Apple Estates Plat is being replatted
into the neighboring Ocean Apple Estates, Plat II. The new plat will reconfigure the size of Lot 3, and
shift the existing north fifty feet (50') onto Lots 1 and 2 of Ocean Apple Estates, Plat II. While Lots 1
and 2, Ocean Apple Estates, Plat II are not locally designated parcels, the historic designation of their
http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 5130 &MeetingID =337 11/28/2011
Coversheet
Page 2 of 2
new southern fifty feet (50') will not be removed, and the overall boundary of the Fontaine Fox House
designation will not be altered. Any future new development or improvements within the southern fifty
foot (50') portion of Lots 1 and 2 will continue to be subject to HPB review. The attached map indicates
the existing and proposed lot configuration, along with the border of the historic designation.
The Historic Preservation Board (HPB) held a Public Hearing and considered the subject request at its
November 2, 2011 meeting where a recommendation of approval was made on a vote of 6 -0.
RECOMMENDATION
Approve Ordinance 43 -11, which amends Sections 1 and 2 of Ordinance 70 -89, and amends LDR
Section 4.5.1(x), and schedule the Second Reading and Public Hearing for the City Commission
meeting of December 6, 2011.
http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 5130 &MeetinglD =337 11/28/2011
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SUBJECT AREA TO BE INCORPORATED
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DIGITAL B45E MAP SYSTEM --
MAP REF: S: \Plonning & Zoning \DBMS \File- Cab \Z -LM 1001 - 1500 \LM1294_610 North Ocean Blvd-Fontaine Fox
HISTORIC PRESERVATION BOARD
MEMORANDUM STAFF REPORT
Applicants: Frank E. & Nilsa McKinney, Joshua C. & Katherine H. Littlefield
Authorized Agent: GE Architecture, Inc., Gary P. Eliopoulos
Project Location: Lot 3, Ocean Apple Estates
Fontaine Fox House, Individually Designated
HPB Meeting Date: November 2, 2011
ITEM BEFORE THE BOARD
File No: 2012 -005
The item before the Board is an amendment to Ordinance 70 -89 that established the Fontaine
Fox House historic site designation, pursuant to LDR Section 4.5.1(B), and 4.5.1(K)(2).
BACKGROUND & PROPOSAL DESCRIPTION
The Fontaine Fox historic designation contains approximately 2.5 acres of land and presently
consists of Lots 1, 2 and 3 of the Ocean Apple Estates Plat (see attached map). The properties
are located approximately 900' south of George Bush Boulevard between Andrews Avenue and
the Atlantic Ocean. Lot 1 is on the east side of Ocean Boulevard (615 North Ocean Boulevard)
while lots 2 and 3 are west Ocean Boulevard (610 North Ocean Boulevard), between North
Ocean Boulevard and Andrews Avenue. Zoned R -1 -AAA (Single Family Residential), the
property (including all three lots) is an individually listed property in the on the Local Register of
Historic Places as established by Ordinance 70 -89. Associated with the property, on the east
side of North Ocean Boulevard, (Lot 1) is a 2,400 square foot home constructed in 1993.
The Historic Preservation Board recommended approval of Ordinance 70 -89 (Fontaine Fox
historic designation) to the City Commission on September 20, 1989 with the stipulations that on
Lot 1 (the oceanfront lot) one dwelling unit of no more than 2,400 square feet could be built and
that the Fontaine Fox site be subdivided into no more than three lots for no more than three
dwelling units (one house per lot). The Ordinance was adopted by the City of Delray Beach on
October 24, 1989.
In 2002, an amendment to Ordinance 70 -89 was proposed and reviewed as Ordinance 13 -02.
The proposal was for the removal of historic designation from Lot 3 and a portion of Lot 2, and
to alter the previous density restriction to allow Lot 3 and that same portion of Lot 2 to be
subdivided into a total of four separate parcels to accommodate a development plan for single
family homes (perpendicular to the extant historic structure). The historic designation for the
remaining portion of Lot 2, the lot that contains the Fontaine Fox House and its contributing
outbuildings, as well as Lot 1 on the ocean side, would not have been altered. The proposed
amendment to the Ordinance was denied at First Reading by the City Commission at its
meeting of May 7, 2002.
The currently proposed amendment will require revision of "Section 1, Designation ", and
"Section 2, Requirements of Designation" of Ordinance 70 -89, as well as an Amendment to LDR
Section 4.5.1(K)(2), Designation of Historic Sites, to provide for the revised legal description of
the Fontaine Fox Designation. These changes are necessary as Lot 3 of the Ocean Apple
Amendment of Qrdirnance'70 -89; 2012 -005
HP8 Meeting November 2, 2011
Page 2 of 3
Estates Plat is being replatted into the neighboring Ocean Apple Estates, Plat II. The new plat
will reconfigure the size of Lot 3, and shift the existing north fifty feet (50') onto Lots 1 and 2 of
Ocean Apple Estates, Plat II. While Lots 1 and 2, Ocean Apple Estates, Plat II are not presently
designated parcels, the historic designation of their new southern fifty feet (50') will not be
removed, and the overall boundary of the Fontaine Fox House designation will not be altered.
Any new development or improvements within the southern fifty foot (50') portion of Lots 1 and 2
will continue to be subject to HPB review. The attached map indicates the existing and
proposed lot configuration, along with the border of the historic designation.
The amendment to Ordinance 70 -89 is now before the Board for consideration.
ANALYSIS
LDR Section 4.5.1, Historic Preservation Sites and Districts
(B), Criteria for Designation of Historic Sites or Districts
(1) To qualify as a historic site, historic district, historic structure, or historic interior, individual
properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings
must have significant character, interest, or value as part of the historical, cultural, aesthetic,
and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district,
or historic structure, the property or properties must fulfill one or more of the criteria set forth in
division (2) or (3) below; to qualify as a historic interior the interior must fulfill one or more of the
criteria set forth in division (2) and meet the criteria set forth in divisions (3)(b) and (3)(d).
(2) A building, structure, site, interior, or district will be deemed to have historical or cultural
significance if it meets one or more of the following criteria:
(a) Is associated in a significant way with the life or activities of a major person important in
city, state, or national history (for example, the homestead of a local founding family);
(b) Is the site of a historic event with significant effect upon the city, state, or nation;
(c) Is associated in a significant way with a major historic event, whether cultural,
economic, social, military, or political;
(d) Exemplifies the historical, political, cultural, economic, or social trends of the community
in history, or,
(e) Is associated in a significant way with a past or continuing institution which has
contributed substantially to the life of the city.
(3) A building, structure, site, or district is deemed to have architectural or aesthetic
significance if it fulfills one or more of the following criteria; except that to qualify as a historic
interior, the interior must meet the criteria contained within divisions (3) (b) and (3) (d):
(a) Portrays the environment in an era of history characterized by one or more distinctive
architectural styles;
(b) Embodies those distinguishing characteristics of an architectural style, period, or
method of construction;
(c) Is a historic or outstanding work of a prominent architect, designer, landscape architect,
or builder; or
(d) Contains elements of design, detail, material, or craftsmanship of outstanding quality or
which represented, in its time, a significant innovation or adaptation to the South Florida
environment.
(4) A building, structure, site, interior, or district will be deemed to have historic significance if,
in addition to or in the place of the previously mentioned criteria, the building, structure, site, or
zone meets historic development standards as defined by and listed in the regulations of and
criteria for the National Register of Historic Places, as prepared by the United States
Arrendment of Ordinance 70 -89; 2012 -1705
HPB Meeting November 2, 2011
Page 3 of 3
Department of the Interior under the Historic Preservation Act of 9966, as amended. A copy of
these standards for the National Register is made part of this section as if fully set forth herein.
STAFF COMMENT:
In 1989, the Fontaine Fox House was individually designated to the Local Register of Historic
Places as it met the designation criteria noted above primarily due to its architectural and
cultural significance and association with local and prominent figures. The property owners at
that time, Roderick and Joyce Wilson, initiated the designation process for the Fontaine Fox
Property, to be listed on the Local Register of Historic Places. The designation would ensure
that the density of development for the property was restricted and would permit the
construction of a dwelling on the lot directly across from the Fox residence on the east side of
Ocean Boulevard (Lot 1). The request for historic designation of the property and the restrictions
imposed on the property to limit the division of one lot to three and imposing a square footage
limitation on the oceanfront parcel (Lot 1) was supported by the property owners and was not an
arbitrary action by the City. Due to the fact that these restrictions run with the land and not the
owner, the designation and building restrictions have remained on all three lots associated with
the designated property.
The subject amendment will not be contrary to the initial designation as no additional dwelling
units would be permitted within the boundaries of the designated site. Additionally, the review
criteria of Section 4.5.1(E), Development Standards will remain on all three lots remaining within
the Ocean Apple Estates plat, as well as the area (North 50' of Lot 3, Ocean Apple Estates)
replatted into Lots 1 and 2 of Ocean Apple Estates, Plat ll. Both the original and proposed
ordinances are attached.
Based on the designation criteria and lack of impact on the designated property, positive
findings can be made regarding the proposed amendment to Ordinance 70 -89.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Recommend approval to the City Commission of the amendment to Ordinance 70 -89
affecting Lot 3, Ocean Apple Estates, Fontaine Fox House, Individually Designated,
based upon positive findings with respect to LDR Section 4.5.1(6).
C. Recommend denial to the City Commission Lot 3, Ocean Apple Estates, Fontaine Fox
House, Individually Designated, based upon positive findings with respect to LDR Section
4.5.1(B).
RECOMMENDATION
Recommend approval to the City Commission of the amendment to Ordinance 70 -89 affecting
Lot 3, Ocean Apple Estates, Fontaine Fox House, Individually Designated, based upon positive
findings with respect to LDR Section 4.5.1(B).
Report Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments:
• Site Map
• Ordinance 70 -89
• Proposed Ordinance Amendment
Wednesday; November 23, 2011 (561 ):820 - 4343;
NO. 6374886
CITY OF DELRAY BEACH, FLORIDA..
':: NOTICE`. OF PUBLIC: HEARING
A.PUBLIC HEARING Will be held on the
following pproposed ordinance at 7 :00
m on- TUESDAY.�DECEMBER 6,
011 (or at any continuation of such
meeting which is set byithe Cpmmis
sion), in the Commission Chambers, 100
N.W. 1st Avenue, Delray Beach,- Florida,
at which time the City Commission'will.
:- consider - its. adoption. -The:propo9ed
'. between 8:00 a. m. and"5:00 p m., Men --
day through. Friday, except holidays.
.interested parties areinvitedto :attend':
"..and - be heard with, respect to the pro-
posed ordinance. '
ORDINANCE NO. 43 -11
AN'ORDINANCE OF THE CITY COM
MISSIONOF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING 'ORDI
NANCE NO'. 70-89 THAT PROVIDED
FOR THE HISTORIC. DESIGNATION. OF
THE..FONTAINE FOX HOUSE AND
, -
PROPERTY; AMENDING THE LAND
DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH.,FLORIDA, BY;
AMENDING ARTICLE 4.5, -OVERLAY
°AND ENVIRONMENTAL ':MANAGE _
MENT- DISTRICTS "';.SECTION 4.5.1;°
'HISTORIC PRESERVATION SITES AND
DISTRICTS', SUBSECTION (K), *DES
(GNATION.OF" HISTORIC 'SITES ", PRO-
VIDING A SAVING CLAUSE, AGEN-
ERAL. REPEALER ' CLAUSE, AND AN
EFFECTIVE DATE. "
Please be advised that if a person
.decides to- appeal "any decision made by
the CityCommissipn with respect to
any; matter considered at this nearing,
such person may need Yo' ensure that a
`.:verbatim record includes the testimony
and evidence upon which the appeal is
to be- .based he 'City does not -pro-
vide nor prepare such record pursuant
..`to.F.S.:286.0105.. -
CITY OF DELRAY BEACH
Chevelle D. Nubin, MMC, City Clerk
PUB:. The Palm Beach Post -.. -
November .23,2011 - _.
The Palm Beach Past f PalmBeachPostcom : 7E