Ord 04-13ORDINANCE NO. 04 -13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 43 -11
THAT PROVIDES FOR THE HISTORIC DESIGNATION OF THE
HISTORIC FONTAINE FOX HOUSE PROPERTIES; AMENDING
THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, FLORIDA., BY AMENDING ARTICLE 4.5,
"OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS ",
SECTION 4.5.1, "HISTORIC PRESERVATION: DESIGNATED
DISTRICTS, SITES, AND BUILDINGS ", SUBSECTION (I), "LOCAL
REGISTER OF HISTORIC PLACES" TO REVISE THE LEGAL
DESCRIPTION, 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 original
historic designation of the Fontaine Fox House and property as described in Section 4.5.1of the City's Land
Development Regulations, 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 certaia conditions were met; and
WHEREAS, Ordinance No. 43 -11 was adopted on December 6, 2011 and provided for an
amends ent to the original historic designation of the Fontaine Fox House and property which revised the
legal description, but maintained the original boundary; and
WHEREAS, there currently exists the Fontaine Fox house and a house on the west side of A -1 -A
-within the historically designated atea; and
WHEREAS, the boundary of the historically designated Fontaine Fox House consists of six (6)
properties, or a portion thereof, and is renamed the "Historic Fontaine Fox House Properties" on the Local
Register of Historic Places:
WHEREAS, the Historic Fontaine Fox House Properties consists of the folloning:
1. 615 N. Ocean Boulevard, Lot 1, Ocean Apple. Estates
2. 605 Andrews Avenue, Lot 3, Ocean Apple Estates, Plat II
3. 1206 Hammond Road, South. 50 feet of Lot 1, Ocean Apple Estates, Plat II
4. Vacant, South 50 feet of Lot 2, Ocean Apple Estates, Plat II
5. 610 N. Ocean Boulevard, Lot 1, Ocean Apple Estates, Plat III
6. Vacant, Lot 2, Ocean Apple Estates, Plat III
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. 43 -11 of the City of Delray Beach is
hereby amended to read as follows:
Designation
The Historic Fontaine Fox House Properties designation consists of Lots I 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,
-a-ad Lot 3 of the Ocean Apple Estates, Plat II. and Lots 1 and 2 of the Ocean Apple Estates�Plat TIT.
The Fontaine Fox House is located on Lot -211; of the Ocean Apple Estates, Plat III at 610 North
Ocean Boulevard.
Section. 2. That Section 2, "Requirements of Designation" of Ordinance No. 43 -11 of the City of
Delray Beach is hereby amended to read as follows:
Requirements and Restrictions of Designation
Not Veitlistftil Notwithstanding 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 Historic Fontaine Fox site House Properties:
(1) No more than three (3) a total of four (4) dwelling units shall be used, developed, or
located within the boundaries of the Historic Fontaine Fox Histotie Sit o House Properties. T-ffs Three
dwelling units currently exist -Rif; T i_t_ °'e site within the designated boundary, with one unit on Lot
1, Ocean Apple Estates (615 North Ocean Boulevar4 one on Lot -2 1, Ocean Apple
Estates, Plat III (610 North Ocean Boulevatd� and one unit on Lot 3 Ocean. Apple Estates flat II
(605 Andrews Avenue), An additional dwelling unit may be constructed on Lot 2_of Ocean Apple
Estates, Plat III.
(2) No dwelling unit used or developed on that portion of the Historic Fontaine Fox
Historic Site House Properties 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.
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ORD. NO. 04 -13
(4) Lot 2 of Ocean Apple Estates, Plat III shall include the following development
restuctions:
(i) a seventh foot (70') front building setback line,
(ii) a twenty -three foot (23' south side building setback line,
(iii) a thirteen foot 13' south side landscape easement for landscape materials onl
(iv) a twelve foot (12'l north side landscape easement for landscape materials only,
(v) installation of fences, walls, ox_ other_ hardscape rnatetials within the landscape
easement is prohibited
(vi) a maxiinun' building_ height of 25' from grade to the roof line,
(vii) a maximum of 4;200 total square feet, under: -aia_, for a primary_ residence, and total
700 square feet for a guest house.
Section 3. That Article 4,5, "Overlay and Environmental Management Districts ", Section 4.5.1,
"Historic Preservation Designated Districts, Sites, and Buildings ", Subsection (I), "Local Register of Historic
Places ", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended
to read as follows:
(I) Local Register of Historic Places_ The following Historic Districts, Sites, and /or Buildings
are hereby a£fxrmed or established:
(1) NASSAU PARK HISTORIC DISTRICT which consists of Lots 2-19 of Nassau
Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; Lots 1 -12 of Wheatley
Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County, Florida; and Block E, Lot 4
and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book 21, page 95 of Palen Beach
County, Florida. (Original designation by Ordinance 97 -87 adopted on January 12, 1988)
(2) OLD SCHOOL SQUARE HISTORIC DISTRICT which consists of the south
one -half of Block 57 and Blocks 58 -62, Blocks 65 -70, the crest half of Blocks 74 and 75, and Lots 1 -6
of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records.
(Original designation by Ordinance 1 -S8 adopted on February 9, 1988).
(3) DEL -IDA PARK HISTORIC DISTRICT which consists of Blocks 1 through 13,
inclusive, along with Tracts A, B, and C DEL -IDA PARK, according to the Plat thereof on file in the
Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 9
at Page 62 (Original designation by Ordinance 9 -88 adopted on March 22, 1988)
(4) SUNDY FEED STORE, located on the South 85 feet of the North 153 feet of Lot 1,
Block 84, Delray Beach, Palm Beach County. (Original designation by Ordinance 102 -88, August 23,
1988, Note: In 1991, the structure was relocated outside of the City of Delray Beach.)
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ORD. NO. 04 -13
(5) HISTORIC DEPOT SQUARE,
Township 446 South, Range 43 East, City of Delray
October 11, 1988)
located on a parcel of land lying in Section 18,
Beach (Original designation by Ordinance 119 --88,
(6) MARINA HISTORIC DISTRICT which consists of Lots 1 to 11, inclusive, Lots 22
to 66, inclusive and Lots 83 to 93, inclusive, Palm Square, an unrecorded Plat located in Block 125 and
Block 133 of the Town of Linton n /k /a Delray Beach (according to the plat thereof as recorded in Plat
Book 1, Page 3 of the Public Records of Palm Beach County, Florida); Together with Lots A, D, E and
F, Riker Square, according to the Plat thereof, recorded in Plat Book 18, Page 74 of the Public Records
of Palm Beach County, Florida; Together with all of Anchorage Condominium, according to the
Declaration of Condominium thereof, as recorded in Official Records Book 3060, Page 369, of the
Public records of Palm Beach County, Florida, said Condominium being located within Lots B and C,
Riker Square, according to the Plat thereof, recorded in Plat Book 18, Page 74 of the Public Records of
Patin Beach County, Florida; Together with Lot 1 and Lots 5 to 12, inclusive, Resubdivision of Block
118, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page
8 of the Public Records of Palm Beach County, Florida; Together with all of Sloan Hammock
Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records
Book 9271, Page 258, of the Public records of Palm Beach County, Florida, said Condominium being
located within Lots 2, 3 and 4, Resubdivision of Block 118, Town of Linton n /k /a Delray Beach,
according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach
County, Florida; Together with Lots 1 to 7, inclusive and Lots 13 to 24, inclusive, Resubdivision of
Block 126, Town of Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book
11, Page 4 of the Public Records of Palm Beach County, Florida; Together: with the South 50 feet of
the North 176 feet of the West 165 feet of Block 126, Town of Linton n /k /a Delray Beach, according
to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County,
Florida; Together with Lots 1 to 8, inclusive, and Tracts A and B, Marine Bay, according to the Plat
thereof, recorded in Plat Book 89, Page 162 of the Public Records of Palm Beach County, Florida;
Together with all of Block 134 lying West of Intracoastal Waterway, Town of Linton n /k /a Delray
Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm
Beach County, Florida; Together with Lots 13 to 24, inclusive (less South 15 feet SE 3rd Street and
North 15 feet SE 2nd Street R /WS, Giacey -Byrd Subdivision, according to the Plat thereof, as
recorded in Plat Book 10, Page 52 of the Public Records of Palm Beach County, Florida; Together with
Lots A to E, inclusive, The Moorings, according to the Plat thereof, as recorded in Plat Book 20, Page
27 of the Public Records of Palm Beach County, Florida; Together with the North 1/2 of the South
1/2 of Block 127 (less the North 64 feet thereof, & the West 20 feet SE 7th Avenue R /W), Town of
Linton n /k /a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the
Public. Records of Palm Beach County, Florida; together with Lots 1 and 2, Stone Hedge, according to
the Plat thereof, as recorded in Plat Book 58, Page 176 of the Public Records of Palm Beach County,
Florida; Together with Lots 23 and 24, and the East 8 feet of abandoned alley lying west of and
adjacent thereto, Block 120, Blank - Nichols Subdivision, according to the Plat thereof, as recorded in
Plat Book 13, Page 28 of the Public Records of Patin Beach County, Florida; Together with Lots 1 to 3,
inclusive, and the North 20 feet of Lot 4, Block 128, Blank- Nichols Subdivision, according to the Plat
thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida.
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ORD. NO. 04 -13
(Original designation by Ordinance 156 -88 adopted on December 20, 1988; Amended by Ordinance
38 -07, February 2, 2008; Amended by Ordinance 10 -09, March 17, 2009)
(7) THE KOCH HOUSE, 777 North Ocean Boulevard. Pahn Beach Shore Acres, Lot
21, Bloch D, Delray Beach, Palm Beach County. (Original Designation by Ordinance 162 -88, January
10, 1989.)
(8) SITE OF SCHOOL NO. 4 DELRAY COLORED, located on Block 28, Lot 2,
N.W. 5th Avenue. (Original designation by Ordinance 16 -89, April 11, 1989)
(9) 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, April 11,
1989)
(10) 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, April 11,
1989)
(11) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE 275,
85 N.W. 5th Avenue, located on Lot 1, Block 28, Delray Beach (Original designation by Ordinance 19-
89, April 11, 1989)
(12) ST. MATTHEW EPISCOPAL CHURCH, 404 S.W. 3rd Street, located on Lot 1,
Black 32, Delray Beach (Original designation by Ordinance 20 -89, April 11, 1989)
(13) HISTORIC YONTAINE FOX HOUSE PROPERTIES, The Fontaine Fox House
is located at 610 N. Ocean Boulevard; the complete boundaa of the site consists of located 0 Lot 2 1
of Ocean Apple Estates;; and w4fte A -6 -11 A ' ate b �
_ ~-�; _f Low i.el 2, r,_eaf
Apple ,; , Lots 1 and 2 of Ocean Apple Estates, Plat R III;; deseribed as the
South 50 feet of Lots 1 and 2, Ocean Apple Estates, Plat 11; and Lot 3, Ocean Apule, Plat II.
(Original Designation by Ordinance 70 -89, October 24, 1989, as amended by Ordinance 43 -11,
December 6, 2011).
(14) 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).
(15) 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. (Original designation
by Ordinance 22 -91, March 26, 1991)
ORD. NO. 04 -13
(16) 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. (Original designation by Ordinance 68 -94,
October 18, 1994)
(17) 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. (Original designation by Ordinance 08 -95, February 7, 1995.)
(18) 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. Butd
Subdivision, as -recorded in Plat Book 11, Page 73, of the Public Records of Palen Beach County,
Florida (154 N.W. 5th Avenue). (Original designation by Ordinance 09 -95, February 7,1995; amended
by Ordinance 29 -02, July 16, 2002.)
(19) THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block
60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by
Ordinance 27 -95, June 6, 1995.)
(20) THE HISTORIC BUNGALOW, 24 North Swinton Avenue, located south 50 feet of
Lot 11, Block 60, Delray Beach, formerly Town of Linton, Pahn Beach County, Florida. (Original
designation by Ordinance 28 -95, June 6, 1995)
(21) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lots 12, 13, and 14, Bloch
117, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by
Ordinance 29 -95, June 6, 1995.)
(22) 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. (Original designation. by Ordinance 57 -96,
December 3, 1996.)
(23) WEST SETTLERS HISTORIC DISTRICT is bounded on the north by Martin
Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running
north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street and the east-West alley of
Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd Avenue and the alley in Block
43; the east -west alley in Block 36 and Block 28 and the south property line of Lot 13, Block 20. The
western boundary is the north -south alley and the eastern one -half (1 /2) of the block south of the alley
of Block 19; the north -south alley in the north half of Block 20. (Original designation by Ordinance 6-
97, February 18,1997; Amended by Ordinance 38 -07, February 5, 2008).
(24) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, located
on a portion of the Trinity Evangelical Lutheran Church property at 400 North Swinton Avenue,
6
ORD. NO. 04-13
Delray Beach, Florida; more particulatly described as the East I/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 cornex of Lake Ida Road and
Swinton Avenue. (Original designation by Ordinance 26 -97, July 1, 1997.)
(25) 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. (Original designation by Ordinance 46 -97, November 18, 1997.)
(26) 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. (Original designation by Ordinance 12 -98, March 3,
1998.)
(27) 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 Patin Beach County, Florida. (Original designation by Ordinance 46 -99,
November 16,1999.)
(28) 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. (Original designation by Ordinance 18 -00, August 15, 2000)
(29) THE GEORGE BUSH BOULEVARD BRIDGE, formerly Down 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. (Origvaal designation by Ordinance
19 -00, August 15, 2000.)
(30) 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 Patinas, 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. (Original designation by Ordinance 15 -01,
February 20, 2001.)
(31) 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. (Original designation by Ordinance 27 -02, July 16, 2002.)
(32) 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
7
ORD. NO. 01-13
Book S, Page 56, recorded in the Public Records of Palm Beach County, Florida; said land situate, lying
and being in Palm Beach County, Florida. (Original designation by Ordinance 25 -03, August 19, 2003.)
(33) 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 Fast 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 Pahn Beach County, Florida. ( Original designation by Ordinance
71 -04, January 4, 2005.)
(34) 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. (Original designation by Ordinance 26 -05, May 3, 2005.)
(35) 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
Esplanade, according to the plat thereof, as recorded in Plat Book 18, Page 39, Public Records of Palm
Beach County, Florida. (Original designation by Ordinance 50 -05, July 19, 2005.)
(36) THE HARVEL HOUSE, located at 182 NW 5th Avenue, Delray Beach, Florida,
more particularly described as follows: Lots 2 and south five feet of Lot 1, Melvin S. Burd Subdivision,
according to the reap or plat thereof as recorded in Plat Boob 11, Page 73, of the Public Records of
Palm Beach County, Florida. (Original designation by Ordinance 16 --10, July 20, 2010.)
(37) ADAMS AUTO DEALERSHIP, located at 290 SE 6t' Avenue, Delray Beach,
Florida, more particularly described as follows: Lots 30 and 31, Block 111, Town of Delray. (Original
designation. by Ordinance 24 -12, August 21, 2012)
(38) WATERS- WELLENBRINK RESIDENCE, located at 290 SE 6r' Avenue, Delray
Beach, Florida, more particularly described as follows: West 25.13 Feet of Lot 32 & Lot 33, Delray
Beach Esplanade. (Original designation by Ordinance 29 -12, October 16, 2012)
8
ORD. NO. 04 -13
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 G. That this ordinance shall become effective upon second and final reading.
PASSED AND ADOPTED in regular session on
February, 2013.
ATTEST
city clerl�:
First Reading dZbA U 0A c 5,X13
Second Reading J� U ct-� U L� , 9.03
a—
second and final teading on this the day of
MAYOR
ORD. NO. 04 -13
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Douglas E. Smith, Interim City Manager
DATE: February 12, 2013
Page 1 of 1
SUBJECT: AGENDA ITEM H.C. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013
ORDINANCE NO. 04-13
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and public hearing to consider an amendment
to Ordinance No. 43 -11 which revises "Section 1, Designation ", and "Section 2, Requirements of
Designation" of Ordinance No. 43 -11, and an amendment to Land Development Regulations (LDR)
Section 4.5.1(I)(13), "Local Register of Historic Places ", to provide for a name change to "Historic
Fontaine Fox House Properties" and the revised legal description of the designated boundary.
BACKGROUND
At the first reading on February 5, 2013, the City Commission passed Ordinance No. 04 -13.
RECOMMENDATION
Recommend approval of Ordinance No. 04 -13 on second and final reading.
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Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Amy E. Alvarez, Historic Preservation Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: Douglas E. Smith, Interim City Manager
DATE: January 29, 2013
Page 1 of 2
SUBJECT: AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013
ORDINANCE NO. 04-13
ITEM BEFORE COMMISSION
The item before Commission is consideration of Ordinance 04 -13 which amends the legal description of
the Fontaine Fox House historic designation, and changes the designated site name to "Historic
Fontaine Fox House Properties" in LDR Section 4.5.1(I), and amends the legal description and
development restrictions of the historically designated site set forth in Ordinance 43 -11.
BACKGROUND
The Fontaine Fox historic designation presently consists of Lots 1 and 2 of the Ocean Apple Estates
Plat, the South 50' of Lots 1 and 2, and Lot 3 of Ocean Apple Estates, Plat II (see attached map). The
properties are located approximately 900' south of George Bush Boulevard between Andrews Avenue
and the Atlantic Ocean. Lot 1 of Ocean Apple Estates is on the east side of Ocean Boulevard (615 North
Ocean Boulevard) while lot 2 is on the west side of Ocean Boulevard (610 North Ocean Boulevard).
The Lots associated with Ocean Apple Estates, Plat II are located to the west of 610 Ocean Boulevard
and span to Andrews Avenue. The properties are zoned R -1 -AAA (Single Family Residential) and were
an individually listed on the Local Register of Historic Places in 1989 upon adoption of Ordinance 70-
89.
Ordinances 70 -89 and 43 -11 contain the stipulations that on 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 not contain more than three dwelling units (one house per lot). Three dwelling units
presently exist within the designated boundary.
Ordinance 04 -13 amends the aforenoted stipulation regarding the maximum amount of dwelling units
by permitting four (4) residences, and revising the legal description. These proposed Ordinance
amendments are necessary as a result of the proposed Ocean Apple Estates, Plat III which subdivides
Lot 2 of Ocean Apple Estates Plat into two conforming lots, each facing North Ocean Boulevard. It
should be noted that previous attempts to subdivide the subject properties failed due to concerns over
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Coversheet
Page 2 of 2
the impact on the historic Fontaine Fox House. This later attempt includes certain additional
development restrictions on the newly created lots to assist in maintaining compatibility within the
designated boundary.
The attached map indicates the existing and proposed lot configuration, along with the border of the
historic designation.
REVIEW BY OTHERS
The Historic Preservation Board (HPB) held a Public Hearing and considered the subject request at its
January 16, 2013 meeting where a recommendation of approval was made on a vote of 6 -0.
RECOMMENDATION
Approve Ordinance 04 -13, which amends the legal description of the Fontaine Fox House historic
designation, changes the designated site name to "Historic Fontaine Fox House Properties" in LDR
Section 4.5.1(I), and amends the development restrictions, and schedule the Second Reading and Public
Hearing for the City Commission meeting of February 19, 2013.
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MARINA
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HISTORIC FONTAINE FOX HOUSE PROPERTIES
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ORDINANCE 04 -13
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DEPARTMENT
ORDINANCE 04 -13
OCEAN APPLE ESTATES PLAT III = OCEAN APPLE ESTATES * FONTAINE FOX
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HISTORIC FONTAINE FOX HOUSE PROPERTIES
=OCEAN APPLE ESTATES PLAT II — —BOUNDARY OF DESIGNATED HISTORIC
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PROPOSED LOT CONFIGURATION
PROPERTY, FONTAINE FOX HOUSE
PL"IN _
DEPARTMENT
ORDINANCE 04 -13
OCEAN APPLE ESTATES PLAT III = OCEAN APPLE ESTATES * FONTAINE FOX
n
HOUSE SITE
-- DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1294_610 North Ocean Blvd_Fontaine Fox3l
OCEA N A PPL E ES TA TES PL A T THREE
BEING A REPLAT OF LOT 2, OCEAN APPLE ESTATES, PLAT BOOK 65, PAGE 100 (P.B.CP.R.)
BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM
BEACH COUNTY, FLORIDA.
JANUARY 2013
SHEET 1 OF 2
DEDICATION
MORTGAGEES CONSENT
TITLE CERTIFICATION
xi
KNOW ALL MU/ BY THESE PRESENTS THAT FRARK E McK1NMNY, R ANDWLSA
STATE CF FLONSA)
STATE OF FLORDA
W PAW
AdcldWlk Y, OWNERS W THE LAND SHOW HEREON BERG A REPLAT W LOT 2, OCEAN
APPLE ESTATES PLAT BOOK 65, PAGE 1C0 (P,BCPIZ). BJNGW SECTION 9
COUNTY W PALM WAGE)
COUNTY OF PALM BEACH
SV$NR &,C I( -DARSA LEI
TCWNSHnP 46 SOU/M, RANIGc' 43 EAST, C'TIY OF DELRAY EEACH, PALM BEACH LTXWIY,
FLORIDA, SHOWN HEREON AS "OCEAN AFPE ESTATES PLAT THREE'. BEING MORE
PARTOCAARLY DESCRIBES AS FOLLOWS
THE UUERSYIXJED MERELY LFJ2TFES THAT R IS THE HOLDER W A MORTGAGE, LPCW
THE SONORITY DESCRLRE `EREON AND DOSS JOW IN AND CONSENT TO THE 0£DICATON
/ A OLkY LICENSED ATTOWk'Y W THE STATE CF 2C`RIDA, DO
HEREBY CFI2SIFY THAT I HAVE EXAUNED THE TITLE TO THE HEREON DESCOBED
PRC°ERTI, THAT I FOR THE TITLE TO SHE PROPS TY 15 VESTED FRANK: £.
LF TIE LAND D£SCRDED W SAID D£UCAANS BY THE OWNERS THEREOF AND AGREES
THAT ITS MORTGAGE WHIT IS RECORDED W OFFICIAL RECORDS BODK AT PAGE
pcNMEY, IS AND NNLSA M KAINEC THAT THE CURISNT TAXES HAVE BEEN
LOT 2, OCC'AN APPLE ESTATES ACCCRONIG TO SFE PLAT THERECC
AS RESHOOTS IN PLAT BOOK 65 PAGE VAL PUBLIC RECORDS OF
OF SFE PUBLIC RE THODS � PALM BEACH COUNTY. FLORIDA SHALL BE
SURGS)RATED TO THE DEDICATION SHOWN FFREON
AID, THAT ALL MHAPPAGC'S NOT SATISFIED CR RELEASED OF RECORD NOR
OTlNKSE TERMtiNATED BY LAW ARE SHOW HEREON AND THAT THERE ARE
ENG4rWRANC£I W REIXdPD BUT THOSE —NCC'S DO HOT PRCMBIT THE
PALM BEACH COUNTY, FL ROSS,
CREATION OF THE SULDIVISKR DEP.CTED BY TINS PLAT.
CGVTAINSO 61609 S LDRE FEET UP (42 ACRE'S MORE OR LESS
IN W SYSTS WFEREW, THE SAID COOLISH OUR HAS CAUSED THESE PRESENTS TO BE
NOTES
HAVE CAUSED THE SAME TO BE SiRVEYED AND PLATTED AS SHOW DERECN AND
SIGNED BY ITS VICE PRESIDENT AND ITS CORPORATE SEAL TO BE AFFIXED HEREON BY
{MIIH TFE A(/TROPoTY W ITS BOARID ORC'CTORS THIS DAY OF _
ARE RELATIVE
ALL EEAROTO SHOW HLOT
DO HEREBY DEETHATE AS FOLLOWS
201
20D'
OATS
0 THE NwRIH LINE CF LOT 2 OCEAN APPLE
2.
ESTATES, PLAT BOOK 65, PACE HM HAVING A
LOTS 1 AND 2 ANY HEREBY PLATTED FpR PRIVATE Rl DDES5 AS
ALLOWED CSTERINT TO THE PLANVWO AND ZOHNC REGULATIONS LF
BANA IO AMBANO, G
A NATIONAL BANKWG ASSOGATION
NAME'
ATTORNEY STATE OF FLORDA
B£ARbVC OF NI89 °OT09 "E
NOT /C£: TMS PLAT AS R£CORCED 1N ITT
THE CITY OF DELRAY B£ACYL LOT 21S STREACT TO TERMS,
PAAL,NNNS AND RESTPoCT/LHVS AS CCNTARED IN CITY C`F DELRAY
EEAG> ORDINANCE IJO 04 -93
WITNESS BY:
TO
GRAPNC FOPM, /S THE CFF /DAL OFACT /ON CF
THE SUNYU 0£D LANDS DESCRIBc'D IEREW AND
WILL IN NO GRCLMSTANk£S BE SUPPLANTED W
ALL GENERAL UTILITY EASEMENTS ARE MACE TO ANY PUBLIC OR
PRAT NAME' v� SD£LyT
SLRVEYORS CERTIFICATE
AUTHORITY BY ANY OTHER ANDRAS OR DOTAL
FORM W THE PLAT. THERE MAYBE ADDITIONAL
PRIVATE UTILITY. SUCH AS BUT NOT LIMITED TO, STO2N ORAWACE,
SANNTARY SEWER. ELECTRIC POWER GAS SERVICE, TELEPHONE
gAiPo HSAICNSATH q ND01 REC D ON THE
LINES. AND CABLE GSFVHSSL RROVCEO H10W£VER, NO SUES
CON3TIx1CTILW WSTALLAFCN MAINTENANCE AND OPERATION OF
yy1„En.
PANT NAME:
TMS 1S TO CERTIFY THAT THE PLAT SHOWN SEARCH 1S A USE AND CORRC'CT
REPR£SEMAT /ON OF A Si 11 MAD£ LND£R MY R£SPON6IBL£ LABIT /ON AND
IN OLD RECORDS
OF PALM BEACH COUNTY, FLORIDA.
CABLE TELEVISLH SR AXES SHALL INTERFERE WITH F4,SITY AND
TELEPHONE RUYALIC
CANE VISION; THAT SAID SARVEY IS ACCURATE TO THE BEST OF MY — Wi£DG£
AND BELEF,, THAT PERMANENT REFERENCE MONCRENTS (P.RM 5). PERMANENT
THE CITY OF DELRAY BEACl-I IS HEREBY GRANTED
SRVICES OF ELECTRIC, GAS OR CRAFT
FACSIY.
CONTROL FOWTS(P.CRS)AND MON1MENISHAVEWENPLACE)ASREON2E0
THE RIGHT CF ACCESS FOR EMERGC'NK'Y AND
MAINTENANCE PURPOSES.
ACKNOWLEDGEMENT'
BY LAW AND FuzmER THAT THE SURVEY DATA COnP1E5 WTH ALL REGNREMENTS
ALL SEWER MAW EASMk'NE SHOWN HEREON ARE' DEDICATED
EXCL(/SIVELY TO THE CITY OF DELRAY —1 FCNR — PURPOSE CF
OF C AATER 177. FLORIDA STATUTES AS AMENDED. AND THE MIANNANC'E'S W
THE CITY OF DELRAY BEACH
TMS 1NSTRLgk T WAS PREPARED STY PALO O. —1,,
IN TIE OFFICE W PBNEN. SINTER & OERON 1NO.
ACCESS: CERNTRUCTION. MARISCO NCE AND OPERARTY ACTIVITIES
L`F SEWER MAWS
STATE OF FLORIDA
COUNTY W PALM WAGE
DATE
955 N.W. UTH AVENUE. SUTE KI, DELRAY ECAC
FLORIDA 33445 (561) 2 -4511
THE LANDSCAPE ELEGER EASEMENTS AS SHOW HEREON ARE HEREBY
8£FOR£ ME PERSONALLY APPEARED WHO IF
PCXS LL Y KNOWN TO ME CR 'Al FRODlKED
PATE D EAGLE
PERMANENT REFERENCE MONU1kNTS ARE 910W
RESERVED FOR FRANK E M KINN"Y, 11 AND NNLSA MOINNEC
TMER SUCC£SSJRS AND ASSGN6 FCR LANDSCAPE AND SUFFER
_
AS 10EN TF1CATKW AND WNC EXECUTED THE FC.REG A T 1NSIRHAOIT,
SURVEYOR AND MAPPER NO 5]CG
AS T' O
PYRPOSES AND ARE THE PERPETUAL VARCENANCE OBTDO URN OF
SAID FRANC E M,VRODY, 9 AND NNLSA AFRO IEY. TMER
AS Of YESSDENT CF BANt Q AMERICA, NA, A NAIICRAL NA_
ASSOGADON AND SEVERALLY ACKNOWLEDGES TO AND
CERON SUER & MNURN. INC
955 NW 17TH AVENUE. SPITE K -1
THERE' SHALL DE ND BU40NOS OF ANY KND CF
CONSTRUCTION PLACED CW WATER SEWER OR
CHOSE CRS AND A39GNS WITHOUT RECGAR.S TO THE CITY OF
DELRAY BEACH. SAD LANDSCAPE AND BUFFER EASEMENTS ARE
BEFORE' ME THAT HE EXELVTED STRET INSTRIUMENT AS SUCH OFFICER CE
SAD CORPORATION AND THAT TIE SEAL AFFIXED TO TIE EXHATC RG
DELRAY BEACH, FLORIDA 33445
CEJRIONATE OF AUTHODER TON NO 353
DRAINAGE EASEMENTS ND SUCCTLRES SHALL SE
NIA WTMN A HORIZONTAL DISTANCE OF V
SlSECT TO TERNS AND COI0 fCNS AS CONTAINED IN CITY OF
DELRAY BEACH OLBOHACE NO, 04 -13
1NSR(44ENT H THE CORPORATE SEAL W SAID CORPORATION AND THAT
IT WAS AFFIXED TO SAID INSTRUMENT BY DUE AND REGAAR CORPORATE
AUTHORITY. AND THAT SAID WSTIT KENT N THE FREE ACT AND DEED OF
FEET ROOM ANY EXISTING OR PROVIDED CITY OF
DELRAY LEAG1 MAWTARED WATER SEWER WE
WE
IN WNESS WHEREOF, WE FRANC E. AdcIGW1k Y, by AND N2 SA MdNVNEY DO
SAD CORPORATION
DRAINAGE FA UPON. COVSTHSHE C OR
LANDASHE C LUTE MAWTENAN'C£CR MAINTENANCE
HERELWTO SET OUR AND SEALS TMS DAY OF . 2013
WNESS MY HAND AND CFFMIAL SEAL ITS DAY LF
- - - - - -- 2013
REVIEWING SLRVEYORS STATEMENT
ACCESS EASEMENTS MUST BE W CONFORMANCE WITH
ALL ETDXSO AND ZOO S AND/O E
HLI f THE CITY c c
WITNESS (AS TO BOTH) BY'
MY CCMWtiSSIINI FORMES
TMS 1S TO CERTIFY THAT TFE (dID£RSGNED PROFESSINIAL SURVEYOR AND
THERE' STALL B£ NIO TREES C 51- 64UB5I ACED ON
UCUTY EASEMENTS WICH ARC' PROVD£D FAR
P=RINT NAME: FRANK E M NMEY, N
NOTAR PLaL C
MA F3 ER tNDER CONTRACT WITH THE GTY OF DELRAY BEACH. IS GADA, HAS
OCEAN
WATER AND SEWER USE OR UPON DRAINAGE EASEMENTS
NAME:
CULAWSSCN NO_
RENEWED INS PLAT OF APPLE ESTATES PLAT PREE' AS REOLdREO
BY CHAPTER TJ],OBI (1), FL000A STATUTES AND THAT IT
LANDASOL -C ON ANY OTHER UTSITY EASEMENTS SHALL
RE ALLOWED Ol Y AFTER CUVSAX7 OF ALL UTILITY
WTNE55 (AS TO BOTH): M;,
PRINT NAME ILIA MkJ 1
PART
WTH ALL TF REOL4REMENTS CF CS'APT£R 177, PART j FLORIDA STATUTES
STAR,
—RANDS OCGUPYIAG SAME.
CITY APPROVAL:
DATE A M A-TOW S
LICENSE NA 5328
STATE OFFLOODA
ACKNOWLEDGEMENT'
THS PAT OF °OCEAN APPLE ESTATES PLAT IEEE' AS APPROVED ON TMs
AWROM & ASSOCIA TES INC
DAY OF . AO. 2013, BY THE CITY CH&MSS AN
CERTESDA IS OF AUTH/ORIZA SON BLB 33D0
STATE OF H CHEA
CODA Y OF PALM ENACH
OF THE CITY OF DELRAY BEACH
6c'FC.RE ME RERSONALLY APREVAR FRANK E M,VNNEY. 9 AND NNLSA MNJNIEY
ATTEST,
_V ARE PERSONALLY KNOWN TO ME OR HAVE PRODUCED —
MAYOR CITY
EXECUTED RESPC'CTIV£LY AS IDEMIFICA TILHU, AND WNO
EXECUTED THE FOREGOWG INSTROWNTT. AND ACINNOWLECGFD BEFORE ME THAT
AW ffy VM ACL TM AW LER BY:
THEY EXECUTED SAID P5TEDDENT FOR THE PURPOSES FRONTIERS PETER.
WITNESS MY HAND AND OFF /GAL SEAL TMS DAY OF
CREOTOR CF PLANWNC AND ZONWG TANECTOR W ENV ONMENTAL
200
SERVICES
CITY FWAELF
MY COAMAS9)N EXPIRES
NOTARY PUDIC
NAME'
CCMM590W NA:
NEf, /RS��\1
al I
u( I�
1 1 p1 IN
TMS 1u6TRIMkNT WAS PRf Alt£D 81 - D -1,
ry — LrEmr of oazELV, suTER x I-EN. --
955 NW. 17TH AVEUI,E. RITE Kl, DELRAY BEACH,
26P10A 33445 (551) 276 -4501
OCEA N A PPL E ES TA TES PL A T THREE
BEING A REPLAT OF LOT 2, OCEAN APPLE ESTATES, PLAT BOOK 65, PAGE 100 (P.B.CP.R.)
BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DEL RAY BEACH, PALM
BEACH COUNTY, FLORIDA.
JANUARY 2013
SHEET I OF 2
LOT 1, LIANCOCK SUROVISION
(PLAT —0 75, PACE 175)
6 CRESTWOOD DRIVEnn
I
In
LOT 2
QQ
101. .2s4,EaaCE i A) 111-07 IE
aAT e�K s.. PA 83J 34673'
Egrv'0 Prz
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12 LA�SCA�-ER EASTJYEM /};2.RCT TO T£T4,1S
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1.11 —
LOT 4, BLOCK E, REV /SED PLAT BLOCK
D AND BLOCK E PALM BEACH CHORES
ACRES (OCEAN BOULEVARD ESTATES),
PLATBOOK 7, PAGE 38
L O T f
AREA = 27145 SgIAaE -
i
i
i
796.35'
1-711W
LOT 5, BLOCK E, REVISED PLAT OF BLOCK D AND BLOCK E
PALM BEACH 514OPES ACRES (OCEAN BOULEVARD
ESTATES), PLAT BOOK 7 PAGE 58
O
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--
610 NORTH OCEAN BLVD.
DIGITAL BASE MAP SYSTEM -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \Z —LM 1001 - 1500 \LM1095_610 North Ocean Blvd—Ocean Apple Estates Plat Three
SUBJECT PROPERTY
OCEAN APPLE ESTATES PLAT THREE
PLANNING AND ZONING
®
'�'
DEPARTMENT
LOCATION MAP
APPENDIX A
STANDARDS FOR PLAT ACTIONS
A. Building design, landscaping, and lighting (glare) shall be such that they do not
create unwarranted distractions or blockage of visibility as it pertains to traffic
circulation.
Not applicable X
Meets intent of standard
Does not meet intent
B. Separation of different forms of transportation shall be encouraged. This includes
pedestrians, bicyclists, and vehicles in a manner consistent with policies found under
Objectives D -1 and D -2 of the Transportation Element.
Not applicable X
Meets intent of standard
Does not meet intent
C. Open space enhancements as described in Policies found under Objective B -1 of the
Open Space and Recreation Element are appropriately addressed.
Not applicable X
Meets intent of standard
Does not meet intent
D. The City shall evaluate the effect that any street widening or traffic circulation
modification may have upon an existing neighborhood. If it is determined that the
widening or modification will be detrimental and result in a degradation of the
neighborhood, the project shall not be permitted.
Not applicable X
Meets intent of standard
Does not meet intent
E. Development of vacant land which is zoned for residential purposes shall be planned
in a manner which is consistent with adjacent development regardless of zoning
designations.
Not applicable X
Meets intent of standard
Does not meet intent
1
F. Vacant property shall be developed in a manner so that the future use and intensity
are appropriate in terms of soil, topographic, and other applicable physical
considerations; complementary to adjacent land uses; and fulfills remaining land use
needs.
Not applicable X
Meets intent of standard
Does not meet intent
G. Redevelopment and the development of new land shall result in the provision of a
variety of housing types which shall continue to accommodate the diverse makeup of
the City's demographic profile, and meet the housing needs identified in the Housing
Element. This shall be accomplished through the implementation of policies under
Objective B -2 of the Housing Element.
Not applicable
Meets intent of standard X
Does not meet intent
H. The City shall consider the effect that the proposal will have on the stability of nearby
neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation
patterns shall be reviewed in terms of their potential to negatively impact the safety,
habitability and stability of residential areas. If it is determined that a proposed
development will result in a degradation of any neighborhood, the project shall be
modified accordingly or denied.
Not applicable
Meets intent of standard X
Does not meet intent
I. Development shall not be approved if traffic associated with such development would
create a new high accident location, or exacerbate an existing situation causing it to
become a high accident location, without such development taking actions to remedy
the accident situation.
Not applicable
Meets intent of standard X
Does not meet intent
J. Tot lots and recreational areas, serving children from toddler to teens, shall be a
feature of all new housing developments as part of the design to accommodate
households having a range of ages. This requirement may be waived or modified for
residential developments located in the downtown area, and for infill projects having
fewer than 25 units.
Not applicable X
Meets intent of standard
Does not meet intent
E
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Ronald Hoggard, AICP, Principal Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH: Douglas E. Smith, Interim City Manager
DATE: February 13, 2013
Page 1 of 3
SUBJECT: AGENDA ITEM ILC1 - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013
FINAL SUBDIVISION PLAT APPROVAL /OCEAN APPLE ESTATES PLAT THREE
ITEM BEFORE COMMISSION
The item before the City Commission is the certification of a final plat for a 1.42 acre two lot, single -
family subdivision known as Ocean Apple Estates Plat Three. This plat is being processed pursuant to
LDR Section 2.4.5(x), Minor Subdivisions.
BACKGROUND
The subject property is located within the North Beach /Seagate Neighborhood Overlay District at 610
North Ocean Boulevard, approximately 900' south of George Bush Boulevard. It is zoned Single
Family Residential (R -1 -AAA). The property is currently platted as Lot 2, Ocean Apple Estates, (Plat
Book 65, Page 100). The property will be replatted into two lots with the new plat to be known as
Ocean Apple Estates Plat Three. This replat is in association with amendment and replacement of
Ordinance No. 43 -11 with Ordinance No.04 -13, associated with the designation of the Historic Fontaine
Fox House Properties, pursuant to LDR Section 4.5.1(B) and 4.5.1(I). The Fontaine Fox House will
remain within Lot 1 of the new subdivision and an additional house will be constructed on the new lot
(Lot 2) to the north. The Plat includes dedication of a 10' general utility easement in the front of the two
lots, adjacent to North Ocean Boulevard; landscape buffer easements along the north and south side of
Lot 2; and a relocated 12' sewer easement at the back of Lot 1. The Plat also depicts special building
setbacks along the front (east) and south side of Lot 2 established in Ordinance No. 04 -13.
This replat is now before the City Commission for final action.
Plat Analysis:
City staff has reviewed the plat and determined that all technical comments have been satisfied.
Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be
made in a form which is part of the official record. This may be achieved through information in the
http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 6498 &MeetingID =402 4/19/2013
Coversheet
Page 2 of 3
application, the staff report, or minutes. Findings shall be made by the body which has the authority to
approve or deny the development application. These findings relate to Future Land Use Map
Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land
Development Regulations.
Future Land Use Map
The subject property has a Future Land Use Map Designation of LD (Low Density, 0 -5 dwelling units
per acre) and a zoning designation of R -1 -AAA (Single Family Residential) Zoning District, which are
consistent with one another. Within the R -1 -AAA zoning district, conventionally sited single - family
detached residences are allowed as a permitted use.
Concurrence
The addition of 1 additional dwelling unit will have a minimal impact on water and sewer demands,
traffic, drainage and solid waste as it relates to their level of service standards. Residential development,
east of I -95, is exempt from traffic concurrency standards. No internal street system is proposed with
this development, as direct access is available from A -1 -A. A $500 park impact fee will be required for
the additional unit at issuance of a building permit. Palm Beach County School District has approved
the application for Concurrency Determination for the additional single family residential unit.
Consistency
The performance standards set forth in LDR Section 3.2.3 (Standards for Site Plan and /or Plat Actions)
shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix
"A ", a positive finding for consistency can be made as it relates to Standards for Plat Actions.
Land Development Regulations
The proposed Ocean Apple Estates Plat Three will subdivide the property into two single - family lots
with a width of 100' fronting on A -I -A. The proposed 100' lot width is consistent with other single -
family homes on the west side of A -1 -A in this area. As shown on the following table, both lots will
meet or exceed the minimum lot dimension requirements in Section 4.3.4(x), "Development Standards
Matrix" for the R -I -AAA zoning district.
Lot Size
(Square Feet)
Lot Width
Lot Depth
Lot Frontage
Minimum Required
12,500
100'
110'
100'
Proposed Lot 1
27,145
100'
196.35'
100'
Proposed Lot 2
34,664
100'
346.6'
100'
As shown on the attached survey, prior to its modification, the existing home on Lot 1 will cross the
interior lot line between the two proposed lots. If this encroachment is not removed prior to recordation
of the Plat, a Unity of Title must be immediately recorded. The Unity of Title may be dissolved upon
elimination of the encroachment and approval of the Chief Building Official. Based upon the above,
positive findings with respect to Future Land Use Map Consistency, Concurrency, Consistency with the
Comprehensive Plan, and Compliance with the Land Development Regulations can be made.
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Coversheet
Page 3 of 3
Minor Subdivisions are not reviewed by the Planning and Zoning Board. Since the property is an
individually designated historic site, the Plat was reviewed by the Historic Preservation Board at its
meeting of January 16, 2013 and the Board recommended approval of the plat with the addition of
special landscape buffer easements and building setbacks to protect the historic house. These have been
incorporated into the Plat and the new Designation Ordinance.
Courtesy Notices:
Courtesy notices have been sent to the following homeowner's and /or civic associations:
• Neighborhood Advisory Council
• Delray Citizen's Coalition
• Beach Property Owners Association
RECOMMENDATION
Move approval for the Ocean Apple Estates Plat Three, by adopting the findings of fact and law
contained in the staff report and finding that the request and approval thereof is consistent with the
Comprehensive Plan and meets the criteria set forth in Section 2.4.5(x) (Minor Subdivisions), Section
3.2.3 (Standards for Site Plan and /or Plat Actions) and Section 3.1.1 (Required Findings) of the Land
Development Regulations.
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