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Ord 72-04 (' /,\ ì:&-sI.~í) ORDINANCE NO. 72-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, DESIGNATING AN AREA IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY FLORIDA, LOCATED ON THE WEST SIDE OF NORTH SWINTON AVENUE, BETWEEN TRINITY LUTHERAN CHURCH AND THE NORTH SIDE OF NW 17TH STREET (NORTHWEST SWINTON AVENUE HISTORIC DISTRICT) AS AN HISTORIC PRESERVATION DISTRICT; AS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation of historic districts; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the historic preservation district; and WHEREAS, on November 3, 2004 the Historic Preservation Board of the City of Delray Beach recommended 7 to 0 that the property described herein be designated as a historic preservation district; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the historic preservation district described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: (" /',\ i \)E~~ Section 1. That the recitations set forth above are incorporated herein. Section 2. That the following described properties in the City of Delray Beach, Florida, are hereby designated as The Northwest Swinton Avenue Historic District in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida. to-wit: E 3 ft of Lot 13 & all Lot 14. Block B. Third Addition to High Acres, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 24, Page 19. of the Public Records of Palm Beach County. Florida; Together With; S 150 ft of N 627 ft of E 304.5 ft of Tract 6 lying S of & adjacent to NW 17th Street rlw (Less S 9 ft of W 139.5 ft & E 30 ft N Swinton Ave road r/w). Subdivision of Section 8-46-43. a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County. Florida; Together With; Lot 9, Block 10. Crest Lake Park, a Subdivision in Palm Beach County. Florida as per the Plat thereof recorded in Plat Book 4. Page 10, of the Public Records of Palm Beach County. Florida; Together With; Lot 1, High Acres. a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 21, Page 85. of the Public Records of Palm Beach County. Florida; Together With; S 123.7 ft of E 193 ft of N 1/2 of S 1/2 of Tract 6 (Less E 30 ft N Swinton Avenue road r/w). Subdivision of Section 8-46-43, a Subdivision in Palm Beach County. Florida as per the Plat thereof recorded in Plat Book 1, Page 4. of the Public Records of Palm Beach County. Florida; Together With; 2 ORD NO. 72-04 (' /,\ ~\'.IT..~\) ~ E 158 ft of N 1/2 of S 1/4 of Tract 6 (Less S 25 ft NW 15th Street & E 33 ft N Swinton Avenue road r/ws) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; S 1/2 of S 1/4 of E 154 ft of Tract 6 (Less N 25 ft NW 15th Street & E 33 ft N Swinton Avenue road r/ws) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; N 1/2 of NE 1/4 of Tract 7 (Less W 189.7 ft & E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida: Together With; S 1/2 of NE 1/4 of Tract 7 (Less W 200 ft & E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; Lots 1 & 12, The Grove, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 20, Page 92, of the Public Records of Palm Beach County, Florida; Together With; Lots 1 to 4, inclusive & E 1/2 of Lot 5, Block A & Lots 24 & 25, Block B, Pineridge Heights, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 13, Page 80, of the Public Records of Palm Beach County, Florida; Together With; 3 ORD NO. 72-04 (' /,\ -D~~D -, E 365.69 ft of Lot 8 (Less S 20 ft of W 40 ft), Subdivision of S 1/2 of E 1/2 of Lot 8, Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County, Florida; Together With; Lot 6, Fairacre, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 24, Page 53, of the Public Records of Palm Beach County, Florida; & Lot 7, Subdivision of S 1/2 of E 1/2 of Lot 8, Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County, Florida; Together With; S 125 ft of E 214.33 ft of Tract 8 (Less S 25 ft NW 11th Street & E 25 ft N Swinton Avenue road r/ws), Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; Lot 1, Victorian Gardens, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 86, Page 161, of the Public Records of Palm Beach County, Florida; Together With: N 100 ft of S 200 ft of E 1/2 of NE 1/4 of Tract 9 (Less W 141.75 ft & E 33 ft N Swinton Avenue road RIW), Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With: S 100 ft of E 1/2 of NE 1/4 of Tract 9 (Less W 125 ft & E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; 4 ORD NO. 72-04 (' /"\ Œ.-~ED N 213 ft of E 1/2 of SE 1/4 of Tract 9 (Less W 15 ft NW 1st Avenue r/w & N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; E 1/2 of SE 1/4 of Tract 9 (Less N 213 ft, W 135 ft, S 15 ft NW 9th Street r/w & N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; N 115 ft of E 120 ft of Tract 10 (Less N 15 ft NW 9th Street r/w & N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; NL Y 137.45 ft of SLY 551.46 ft of EL Y 206.83 ft of Tract 10 (Less S 18 ft NW 8th Street r/w & N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; N 199 ft of S 414 ft of E 333 ft of Tract 10 (Less N 18 ft NW 8th Street r/w, N Swinton Avenue road r/w & W 18 ft NW 1 st Avenue r/w), Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; S 215 ft of E 160 ft of Tract 10 (Less S 15 ft NW 7th Street r/w & N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; 5 ORD NO. 72-04 (' /~ -~~ I Together With; Lots 3 & 4 & 16 ft abandoned Alley lying W of & adjacent to (Less N 10ft NW 7th Street r/w), Block 1A, Lake View Heights Unit 1, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 4, Page 67, of the Public Records of Palm Beach County, Florida; Together With; Lots 1, 2, E 8.15 ft of Lot 16 & 16 ft abandoned Alley lying E of and adjacent to Lot 16, Block 1, Lake View Heights Unit 1, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 4, Page 67, of the Public Records of Palm Beach County, Florida & E 332.55 ft of NE 1/4 of Tract 11 (Less N 300 ft, W 124.89 ft of E 307.09 ft & E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; E 183 ft of SE 1/4 of Tract 11 (Less S 173 ft & E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; N 98 ft of S 173 ft of E 1/2 of SE 1/4 of Tract 11 (Less W 120 ft & E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With: N 58 ft of S 133 ft of W 15 ft of E 1/2 of SE 1/4 & S 75 ft of E 1/2 of SE 1/4 of Tract 11 (Less E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46- 43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; 6 ORD NO. 72-04 (' /~ \)E,NIED ~ N 100 ft of E 160 ft of Tract 12 (Less N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; S 100 ft of N 200 ft of E 1/2 of Tract 12 lying E of NW 1st Avenue r/wextended SLY (Less N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida. Section 3. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_, MAYOR ATTEST City Clerk Second Reading ~~ \~~ \d--\~\~ - Ò First Reading \~\~OA .. " " 7 ORD NO. 72-04 TO: DAVID T. HARDEN, CITY MANAGER THROUGH: JEFFREY A. COSTELLO, ACTING DIRE FROM: ROBERT G. TEFFT, SENIOR PLANNE~~/ SUBJECT: MEETING OF DECEMBER 6, 2004 REQUEST TO ESTABLISH THE NORTHWEST SWINTON AVENUE HISTORIC DISTRICT, WHICH IS GENERALLY DESCRIBED AS THOSE PROPERTIES ABUTTING THE WEST SIDE OF NORTH SWINTON AVENUE BETWEEN TRINITY LUTHERAN CHURCH AND THE NORTH SIDE OF NW 17TH STREET. ~ I CITY COMMISSION DOCUMENTATION .. -.-- ~- ....----- . ·--1 BACKGROUND I ANALYSIS The Historic Resources Survey, Phase II, was conducted in June 2002, and consisted of a large survey area generally spanning from 1-95 to the Intracoastal Waterway and from SE 3rd Street to the north side of NE 9th Street. The survey included those properties between Trinity Lutheran Church and the north side of NE 9th Street, which exist within the boundaries of the proposed Northwest Swinton Avenue Historic District. The balance of the properties within the proposed historic district were analyzed by staff through windshield surveys and reviews of building permit records in order to establish their standing within the proposed district. The district was chosen for designation based upon its high architectural integrity and diversity of architectural styles as well as its contiguous expanse of extant contributing historic buildings and structures. Thus, the Northwest Swinton Avenue area IS being considered for designation as a historic district under the criteria listed in Land Development Regulations (LOR) Sections 4.5.1 (B) (3) (a) and (b), as the area portrays high styles and local interpretations of distinctive architectural styles and embodies distinctive characteristics typical of those styles and period of construction. In March 2004, staff discussed the possibilities of creating a new historic district on the west side of North Swinton Avenue with the Historic Preservation Board (HPB), based upon the findings of the Historic Resources Survey, Phase II. The Initial district boundaries were established in order to provide a symmetrical and uniform boundary. The district extended from North Swinton Avenue westward to NW 2nd Avenue as the existing Del-Ida Park Historic District and proposed Dell Park Historic District would provide protection for those historic properties to the east along North Swinton Avenue. At its meeting of August 18, 2004, the HPB set a public hearing date of October 6, 2004, to discuss the proposed historic district and provide a recommendation to the City Commission. At its meeting of October 6, 2004, the Board conducted the public hearing in conjunction with review of the historic district designation request. While some members of the public spoke in favor of the proposed historic district designation, several members spoke against the designation citing concerns over homeowner's insurance availability and costs, the perceived advantages and disadvantages of the designation, the disparity between contributing and noncontributing structures, and the boundaries of the proposed historic district. Several individuals also spoke about the lack of time to research the impacts of the designation. After reviewing the staff report and discussing the proposal, the Board voted unanimously (7-0) to postpone action on the designation request until the Board's meeting of November 3, 2004. At its meeting of November 3, 2004, staff provided the Board with an alternative district boundary that removed several noncontributing properties from the originally proposed district, thus providing a higher percentage of contributing properties. Several members of the public spoke and cited concerns over the need to designate the entire area as a historic district and the benefits, or lack thereof, which would be gained by such a designation. The Board discussed the originally proposed district as well as staff's proposed alternative and a district comprised solely of those properties that abut the west side of North Swinton Avenue. After reviewing the staff report and discussing revised district boundaries, the Board \~E City Commission Documentation Meeting of December 6, 2004 Northwest Swinton Avenue Historic District Page 2 voted unanimously (7-0) to forward a recommendation of approval to the City Commission to establish the Northwest Swinton Avenue Historic District being generally described as those properties abuttin~ the west side of North Swinton Avenue, between Trinity Lutheran Church and the north side of NW 1 i Street. The historic district, as proposed by the HPB, consists of 37 properties of which 12 would be considered noncontributing and 25 would be considered contributing. The contributing properties represent 67.56% of the modified historic district, which is a significant increase upon the 38.96% as proposed with the original boundaries. Additional information concerning the proposed historic district can be found in the attached Designation Report. --J RECOMMENDATION Move approval on first reading of Ordinance No. 72-04 to establish the Northwest Swinton Avenue Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 4.5.1 (B) (3) and 4.5.1 (C) of the Land Development Regulations, with second reading to occur on January 4, 2005. Attachments: Northwest Swinton Avenue Historic District - Original Boundaries / HPB Recommended Boundaries, Ordmance No. 72-04 and Designation Report ~~ ~ 'IT - - .., ,I II [~ \ !:i <! æ,~~~r.~...,~... 'l i ~~ 5 N W 17TH ST I N W .. l' '. .! I =:Eta : 11 I i ffiHjNW 17TH ST I~~~'W ,:..:1 I' N E 17TH 51 /= /' .. I "" ,-',,~ ... .~:I I R iR /~ '" I! I~'~-- . ': ~ I ! I 1'8 Cu LiLt ''\:-! i ! I - ~ :::. -ei(":, ':,:'1 "' i,,~ :, :~ N W 13TH ST ~ IT ,¡ .\ HIGH AiinTN I ' " - ~-'-! ..' ,.. '~..... // I i ¡ \ STREET ~~ ~,.,,, p ~ ;::";: : ~ "' T ".' , I I'" I ! I J , , !._.~q.~~ '.. I ~~.',' i,!: 1 I. ~.. - . I ] I !i,,'" ~ !i ' ---- I' ... - .. , .' <! : < ¡- r"'..~· ,.,.. ~.:" , ~ ~~~ : I œ±'2TH: I ST I I I} ¡ 'I' ;-'.. I ¡ : i H ~ "I ~ 11", .. '" .' Ii' I ! ¡ N W - , II.. ".:, . , " ',~:, '.: I N E I 11TH 1 I, S'T \ 1 ' I 1 ~ ,~:. : ," '" ·n .n I ~ rra±r±::J[, ' 0 r---- 3=1--- I:' Ii _. .' ,~I I ' ~ l ~ ~ .,........;...·1: N! . 3= I{. I NE 1 TH \ z I. .. . 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E IDA R 0 AD' j " 4TH j; ST ==1~ o NW ~ "' o w " ~ ARK - , m ---¡ ! I I-- I-- I--- I i I N - lEGEND. PROPOSED NORTHWEST SWINTON HISTORIC DISTRICT ALTERNATIVE 2 100 1984 ~~ _ _ _ _ _ CI TV OF DELRA Y BEACH. Fl PLANNING & ZONING DEPARTMENT STREET NUMBER YEAR BUILT CONTRIBUTING HISTORIC BOUNDARY -- DIGITAL B4SE MAP SYSTEM -- MAP REF LMA 178 ORDINANCE NO. 72-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING AN AREA IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY FLORIDA, LOCATED ON THE WEST SIDE OF NORTH SWINTON AVENUE, BETWEEN TRINITY LUTHERAN CHURCH AND THE NORTH SIDE OF NW 17TH STREET (NORTHWEST SWINTON AVENUE HISTORIC DISTRICT) AS AN HISTORIC PRESERVATION DISTRICT; AS MORE PARTICULARLY DESCRIBED HEREIN, PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRA Y BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach provides for the designation of historic districts; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the designation of the historic preservation district; and WHEREAS, on November 3, 2004 the Historic Preservation Board of the City of Delray Beach recommended 7 to 0 that the property described herein be designated as a historic preservation district; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the historic preservation district described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the following described properties in the City of Delray Beach, Florida, are hereby designated as The Northwest Swinton Avenue Historic District in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: E 3 ft of Lot 13 & all Lot 14, Block B, Third Addition to High Acres, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 24, Page 19, of the Public Records of Palm Beach County, Florida; Together With; S 150 ft of N 627 ft of E 304.5 ft of Tract 6 lying S of & adjacent to NW 17th Street r/w (Less S 9 ft of W 139.5 ft & E 30 ft N Swinton Ave road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; Lot 9, Block 10, Crest Lake Park, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 4, Page 10, of the Public Records of Palm Beach County, Florida; Together With; Lot 1, High Acres, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 21, Page 85, of the Public Records of Palm Beach County, Florida; Together With; S 123.7 ft of E 193 ft of N 1/2 of S 1/2 of Tract 6 (Less E 30 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; 2 ORD NO. 72-04 E 158 ft of N 1/2 of S 1/4 of Tract 6 (Less S 25 ft NW 15th Street & E 33 ft N Swinton Avenue road r/ws), Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; S 1/2 of S 1/4 of E 154 ft of Tract 6 (Less N 25 ft NW 15th Street & E 33 ft N Swinton Avenue road r/ws) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; N 1/2 of NE 1/4 of Tract 7 (Less W 189.7 ft & E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; S 1/2 of NE 1/4 of Tract 7 (Less W 200 ft & E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; Lots 1 & 12, The Grove, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 20, Page 92, of the Public Records of Palm Beach County, Florida; Together With; Lots 1 to 4, inclusive & E 1/2 of Lot 5, Block A & Lots 24 & 25, Block B, Pineridge Heights, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 13, Page 80, of the Public Records of Palm Beach County, Florida; Together With; 3 ORD NO. 72-04 E 365.69 ft of Lot 8 (Less S 20 ft of W 40 ft), Subdivision of S 1/2 of E 1/2 of Lot 8, Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County, Florida; Together With; Lot 6, Fairacre, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 24, Page 53, of the Public Records of Palm Beach County, Florida; & Lot 7, Subdivision of S 1/2 of E 1/2 of Lot 8, Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County, Florida; Together With; S 125 ft of E 214.33 ft of Tract 8 (Less S 25 ft NW 11th Street & E 25 ft N Swinton Avenue road r/ws) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; Lot 1, Victorian Gardens, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 86, Page 161, of the Public Records of Palm Beach County, Florida; Together With; N 100 ft of S 200 ft of E 1/2 of NE 1/4 of Tract 9 (Less W 141.75 ft & E 33 ft N Swinton Avenue road RIW), Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; S 100 ft of E 1/2 of NE 1/4 of Tract 9 (Less W 125 ft & E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; 4 ORD NO. 72-04 N 213 ft of E 1/2 of SE 1/4 of Tract 9 (Less W 15 ft NW 1st Avenue r/w & N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; E 1/2 of SE 1/4 of Tract 9 (Less N 213 ft, W 135 ft, S 15 ft NW 9th Street r/w & N Swinton Avenue road r/w), Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; N 115 ft of E 120 ft of Tract 10 (Less N 15 ft NW 9th Street r/w & N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; NL Y 137.45 ft of SLY 551.46 ft of EL Y 206.83 ft of Tract 10 (Less S 18 ft NW 8th Street r/w & N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; N 199 ft of S 414 ft of E 333 ft of Tract 10 (Less N 18 ft NW 8th Street r/w, N Swinton Avenue road r/w & W 18 ft NW 1st Avenue r/w), Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; S 215 ft of E 160 ft of Tract 10 (Less S 15 ft NW 7th Street r/w & N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; 5 ORD NO. 72-04 Together With; Lots 3 & 4 & 16 ft abandoned Alley lying W of & adjacent to (Less N 10ft NW 7th Street r/w), Block 1A, Lake View Heights Unit 1, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 4, Page 67, of the Public Records of Palm Beach County, Florida; Together With; Lots 1, 2, E 8.15 ft of Lot 16 & 16 ft abandoned Alley lying E of and adjacent to Lot 16, Block 1, Lake View Heights Unit 1, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 4, Page 67, of the Public Records of Palm Beach County, Florida & E 332.55 ft of NE 1/4 of Tract 11 (Less N 300 ft, W 124.89 ft of E 307.09 ft & E 33 ft N Swinton Avenue road r/w), Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; E 183 ft of SE 1/4 of Tract 11 (Less S 173 ft & E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; N 98 ft of S 173 ft of E 1/2 of SE 1/4 of Tract 11 (Less W 120 ft & E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; N 58 ft of S 133 ft of W 15 ft of E 1/2 of SE 1/4 & S 75 ft of E 1/2 of SE 1/4 of Tract 11 (Less E 33 ft N Swinton Avenue road r/w) , Subdivision of Section 8-46- 43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; 6 ORD NO. 72-04 N 100 ft of E 160 ft of Tract 12 (Less N Swinton Avenue road r/w), Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together With; S 100 ft of N 200 ft of E 1/2 of Tract 12 lying E of NW 1st Avenue r/wextended SLY (Less N Swinton Avenue road r/w) , Subdivision of Section 8-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida. Section 3. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. 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 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_. ATTEST MAYOR City Clerk First Reading Second Reading 7 ORD NO. 72-04 Northwest Swinton Avenue Historic District Designation Report City of De/ray Beach November 2004 I. Statement of Purpose Northwest Swinton Avenue Historic District The proposal to establish the Northwest Swinton Avenue area as a designated historic district was city initiated and began in June 2004 as a direct result of the relocation of a contributing frame vernacular historic dwelling from 508 North Swinton Avenue to 1440 North Swinton Avenue. The boundaries were established in order to provide a symmetrical and uniform boundary. The district was expanded to include up to NW 2nd Avenue to the west as the existing Del-Ida Park Historic District and proposed Dell Park Historic District provided protection for those historic properties to the east along North Swinton Avenue. The district was chosen for designation based upon its high architectural integrity and diversity of architectural styles as well as its contiguous expanse of extant contributing historic buildings and structures. II. Location Map and Boundary Description The proposed Northwest Swinton Avenue Historic District is generally described as the area between North Swinton Avenue and NW 2nd Avenue, between Trinity Lutheran Church and the north side of NW 17th Street (see attached map). III. Architectural Sianificance The period of significance for the area is 1925 -1954 based upon dates of construction. Predominant architectural styles include: Mission Revival, Frame Vernacular, Masonry Vernacular, Mediterranean-Revival, Minimal Traditional, and Contemporary. The following is a brief description of those styles: §§ [§§ Frame Vernacular (1900-1940) . Constructed of wood framing and reflecting no high architectural style or formal architectural design, the vernacular house can be either symmetrical or asymmetrical in design. Built by laymen, often the owner, with no formal construction experience who utilized local building materials and craftsmanship techniques (also Masonry Vernacular). Mission Revival (1920-1935) - Minimally ornamented with built-up, flat roofs often with stepped or curvilinear parapets, a wood or hollow clay tile frame with smooth or rough textured stucco exterior. Tile visor roofs over windows and entryways are also common. Fenestration often includes casement windows and arched entryways. Mediterranean Revival (1915-1940) - Influenced by the Italian and Spanish styles and popularized by Henry Flagler and Addison Mizner, this style displays low pitched, multi-plane roof lines often with red clay tiles and little or no overhang. Tile visor roofs are also common. A stucco exterior, often textured, covers an asymmetrical, wood or hollow clay tile frame. Arches are prevalent within the fenestration design including entryways, arcades, and colonnades. Minimal Traditional (1935-1950) - Typically, a one-story building displaying a low or intermediate pitched cross- gable roof with a large chimney. Shares Tudor style traits such as rock or brick facing (particularly on the chimney) and minimal wood detailing. Popularized after World War II, this style is often associated with tract housing. 6 OIl nIl Contemporary (1950-1970) Contemporary style houses were constructed from circa 1950 until 1970 and fall in the category of Modern architecture, in which form follows function. There are two ~ subtypes based on roof form: flat t:tttttttt:tt1j and gable. The flat roof subtype is based on the earlier International style and is referred to as the American International. The International style is reflected through the flat, often angled, roof, rectangular footprints, window bands, and minimal detail. However, Contemporary houses in the flat roof subtype often use a variety of materials which reflects the trends that were popularized in the 1950s. International style had stark, often white, surfaces covered with a single material. Commonly, they have overhanging eaves and exposed roof beams; heavy piers may support the gables. Like their flat-roofed counterparts, a variety of building materials were used and detailing was kept to a minimum. An irregular plan, flat roof, cantilevered, overhanging roof eaves, bands of large windows, and the use of metal characterize contemporary residences in Delray Beach. IV. Historical & Cultural Sianificance The west side of North Swinton Avenue (today a portion of the Lake Ida Park Neighborhood) was traditionally an agricultural area. The neighborhood's building stock developed substantially in the 1920s with the commercial promotion of south Florida as a tourist destination and a mecca for investment opportunities. The first houses seen in the area were constructed in the Frame Vernacular and Mediterranean influenced styles such as Mission-Revival and Spanish Eclectic and were strictly residential in nature. It was noted by early residents that construction of homes during the 1920s were limited to Swinton Avenue and that anything to the west of Swinton consisted of merely Palmetto Trees and Scrub Oaks; a local hangout for area children to play. One particular dwelling of note is located at 704 North Swinton Avenue and designed by famed local architect, Sam Ogren, Sr. (1899-1988). Mr. Ogren relocated from Tampa to West Palm Beach in 1924 as an apprentice to William Manly King, a regional architect. The d~elling at 704 North Swinton Avenue was Mr. Ogren's first design in Delray Beach. The building so impressed local officials that he was offered the position of City Architect. Between 1924-1950, he designed over 250 buildings. His most noted works reflected the Mediterranean-Revival style which can be seen in the Arcade Tap Room Building, Crest Theatre, and Old School Square Gymnasium located in downtown Delray Beach. Another notable home in the area is the Marshall DeWitt Residence located at 1110 North Swinton Avenue. Constructed in 1935-1936, the DeWitt house was designed by famed architect Gustav Maas and built by R.C. Lawson. DeWitt prospered in the area as a successful farmer during the Depression years and grew active in the community. DeWitt and his wife Jeanette Butts DeWitt (of the Butts Agricultural family) were prominent members of Delray Beach society. Mr. DeWitt served as the Chairman of the Board for the First National Bank in Delray, was a member of the City Commission and served as Mayor in the mid to late 1940s. The W. Seward Webb, Jr. home, located at 1634 North Swinton Avenue, was constructed c.1930. Webb moved to Gulfstream with his mother Lila Vanderbuilt Webb, of the renowned Vanderbuilt family, between 1923 and 1924. Webb constructed the home as his personal residence and was a long-time resident of Delray Beach until his death in January 1956. Other noteworthy properties include 1420 North Swinton Avenue was the residence of Paul E. Gringle, a prominent Delray Beach realtor and 1602 North Swinton Avenue was home to F.J. Schrader, a local architect and builder who designed the 1926 Bungalow presently owned and occupied by the Delray Beach Historical Society (5 NE 1st Avenue). The neighborhood expanded considerably during the 1930s and 1940s as tourists rented out local houses and those servicemen stationed in the Boca/Delray area required housing. The next building boom came after World War II, when those Gis stationed in the area before the war returned to settle down and start their families. The 1953 Defray Beach City Directory noted a substantial number of properties in this area as seasonal and apartment rentals. Other houses of note include several Contemporary style residences which reflect the start of a new era as more northern residents permanently relocated to south Florida. The majority of the remainder of the neighborhood's building stock was constructed during the 1950s and 1960s including numerous Ranch style houses. These houses are considered non- contributing due to either age or lack of architectural integrity. "i-:~ V. Statement of Sianificance Pursuant to LOR Section 4.5.1 (B) (3), a district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria: (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; and, (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. To qualify as a historic site, or historic district, 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. The area qualifies as a historic district under the following criterion: (a) portrays high styles and local interpretations of distinctive architectural styles and (b) embodies distinctive characteristics typical of those styles and period of construction. A significant concentration of the Mission Revival, Frame Vernacular, Masonry Vernacular, Mediterranean-Revival, Minimal Traditional, and Contemporary styles of architecture are prevalent within the proposed boundaries and the contributing status of these buildings is considerable as the majority have maintained their architectural integrity. VI. Biblioaraphv and Sources Delray Beach Surveys - Florida Master Site File Forms 1999, 2001 Mayhew III, Clemmer, Palm Beach Post, August 9,1987. Posey, William M., "The DeWitt Family & Delray Beach, 1928-1993," DeWitt Homes & Garden Showcase, Old School Square Centennial Celebration, March 1995. Miller's Delray Beach, Florida City Directory, Volume 111., 1953-1954. Farrar, Cecil W. and Margo Ann, "Incomparable Delray Beach: Its Early Life and Lore," Fiesta- Life on the Gold Coast, May, 1973. , ...- ....,.. ~ ~ . CITY OF DELRAY BEACH DESIGNATING AN AREA IN SECTION 8, TOWNSHIP 46 SOUTH, 'RANGE~43 EAST, PALM BEACH COUNT'(,. FLORIDA, LOCATED ON THE WEST SIDE OF NORTH SWINTON AVENUE, BETWEEN TRINITY LUTHERAN CHURCH AND THE NORTH SIDE OF NW 1 nH STREET (NORTHWEST SWINTON AVENUE HISTORIC DISTRICT) AS AN HISTORIC PRESERVATION DISTRla , , - The City Commission of the City of Delray Beach, Floñda, proposes to " adopt the foIlòwing ordinance: ORDINANCE NO. 72-04 L I ~. -' n. ¡¡, The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing wiU be held on MONDAY, DECEMBER 6, 2004, AT 7:00 P.M. in the Commission Chambers at City Hall, 100 N.W. ht . Avenue, Delray Beach, Florida. If the proposed ordinance is possed on first reading, a ~nd Public Hearing wiU be held on TUESDAY, JANU-, ~ ARY 4,2005, AT 7:00 P.M. (or at any continuation of such meeting' which is set by the Commission). ,'" All interested citizens are Invited to attend the public hearings and com:!'l ment upon the proposed ordinance or submit théir comments in writing oni; or before the date of these hearings to the Planning and Zoning~~ Department. For further information or to obtain a copy of the proposed.,j> ordinance, please contoct the Planning and Zoning Department, City Hall; , 100 N.W. 1 st Avenue, Defray Beach, Florida 33444 (email at' pzmail@mydelraybeach.com) or by caUing 561/243-7040), between the< hours of 8:00 a.m. and 5:00 p.m., Mondaý through Friday, excludiná: holidays. :i· f: r, ... ~. '" i I' '.. , , -e"¡' 1:' A-- ~1 z' o c ..' 3' !{~ N '" ,~ & ¡, ~ Z',· !i! ' .., 3' . <:7" ~'-:.- ~; ~~, ø;.' AN ORDINANCE OF THE my COMMISSION OF THE CITY OF DElRAY BEACH, FLORIDA, DESlGNATINGAN AREA IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PAlM BEACH COUNTY FLORIDA, LOCAT- ED ON THE WEST SIDE OF NORTH SWINTON AVENUE, BElWEEN'". TRINITY LUTHERAN CHURCH AND THE NORTH SIDE OF NW 17l!i,;" STREET (NORTHWEST SWINTON AVENUE HISTORIC DISTRICT) AS AN~' HISTORIC PRESERVATION DISTRICT; AS -MORE' PARTICULARLY: DESCRIBED HEREIN, PROVIDING FOR THE AMENDMENT OF THE HZON- . ING MAP OF DElRAY BEACH, FLORIDA, 'JULY 2004H; PROVIDING A' GENERAl REPEALER CLAUSE, A SAVING'CLAUSE, AND AN EFFECTIVE DATE. PlEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECI- . SION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MAT- TER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S. 286.01 05. . CITY OF DElRAY BEACH Chevelle D. Nubin ' City Clerk, PUBUSH: Tuesday, November 23,2004 Thursday, December 30, 2004 Boca Raton/Delroy Beach News Ad#NS1104207 '.