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Ord 03-13ORDINANCE NO 03 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE MARINA HOUSE, LOCATED AT 170 MARINE WAY, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012" 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 and protection of historic sites; and, WHEREAS, Mark and Lou Gambill, as property owners, have nominated the property described herein to be designated as a local historic structure; and, WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noted Public Hearing in regard to the designation of the property as a local historic structure; and, WHEREAS, on February G, 2013, the Historic Preservation Board of the City of Delray Beach recommended 4 to 1 that the property described herein be designated a local historic structure; and, WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Historic Preservation Board Memorandum 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 ComiDission of the City of Delray Beach has conducted a duly noticed Public Hearing in regard to the designation of the property structure located on the property described herein as a local historic structure. NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELAY BEACH FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above axe incorporated herein. Section 2 That the structure on the described property is hereby designated as a local historic structure in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulation of the City of Delray Beach, Florida, to -Nvit: Lot 15, A Subdivision of Block 126, Delray, Florida, according to the Plat thereof, recorded in flat Book 11, Page 4, of the Public Records of Palm. Beach County, Florida. Section 3 That the Planning and Zoning 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 rernainder hereof as a whole or part thereof other than the part declared to be invalid. Section S 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 5' day of March, 2013. 2a MAYOR ATTEST: Z `�).N� City Clerk , First Reading b r � ),t,t0—�, L r d-U 16 Second Reading Q-2t h �� 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: February 13, 2013 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF FEBRUARY 19, 2013 ORDINANCE NO. 03-13 Page 1 of 1 ITEM BEFORE COMMISSION The item before the City Commission is that of approval to individually designate the property located at 170 Marine Way, as "The Marina House ", for listing on the Local Register of Historic Places. BACKGROUND The subject property is located at 170 Marine Way within the Marina Historic District on the northwest corner of Marine Way and SE 2nd Street. The property contains a circa 1939 two- story, A- frame, vernacular style structure that was relocated to the subject property from 806 NE 2nd Street. The building was not altered since its original construction until it was relocated in 2012, at which time the original front porch had to be removed. The designation report is attached. To qualify as a historic site, the property must fulfill one or more of the criteria set forth in the Land Development Regulations Section 4.5.1(B). The site is being considered for listing on the Local Register of Historic Places as it fulfills the criteria of (13)(3) due to its architectural or aesthetic significance exemplified by the vernacular style. The subject architectural vernacular indicates residential building trends at that time, such as its overall design, character and materials used, in addition to the details which display a type of craftsmanship rarely seen or appropriately replicated in new construction today. REVIEW BY OTHERS The Historic Preservation Board (HPB) reviewed the designation at its meeting of February 6, 2013, where a recommendation to approve was made to the City Commission. RECOMMENDATION Move approval on first reading of Ordinance No. 03 -13 to place the property located at 170 Marine Way on the Local Register of Historic Places as "The Marina House ", by adopting the fmdings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and Section 4.5.1(13) of the Land Development Regulations. http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 6503 &MeetingID =402 2/27/2013 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Designation Request: "The Marina House" Property Address: 170 Marine Way, Marina Historic District HPB Meeting Date: February 6, 2013 File No: 2013 -044 ITEM BEFORE THE BOARD The action requested of the Board is that of making a recommendation to the City Commission on a request for individual designation of "The Marina House" located at 170 Marine Way, Marina Historic District, pursuant to Land Development Regulations (LDR) Section 4.5.1(C), Designation Procedures. BACKGROUND The subject property is located at 170 Marine Way within the Marina Historic District on the northwest corner of Marine Way and SE 2nd Street. The property contains a circa 1939 two -story, A- frame, vernacular style structure and was relocated to the subject property from 806 NE 2nd Street. The building was not altered since its original construction until it was relocated in 2012, as the original front porch had to be removed. The designation report is attached. Subsequent to this Public Hearing before the HPB, the designation will move forward for review by the City Commission where Public Hearings will be held on both February 19 and March 5, 2013. The designation of "The Marina House" is now before the Board for consideration. ANALYSIS LDR Section 4.5.1(8), Criteria for Designation of Historic Sites or Districts: Pursuant to Section 4.5.1(13)(1), to qualify as a historic structure, individual 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 (3) below;. (13)(3) Architectural or aesthetic significance: (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; (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. STAFF COMMENT: The architectural significance is exemplified by the vernacular style which indicated residential building trends at that time, such as its overall design, character and materials used, in addition to the details which display a type of craftsmanship rarely seen or appropriately replicated in new construction today. "The Marina House" Designation; 2013 -044 HPB Meeting February 6, 2013; Page 2 of 3 Comprehensive Plan Future Land Use Objective A -4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines through the following policies: Policy A -4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines" Policy A -4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources at least once every five years. STAFF COMMENT: The proposed designation meets the intent of the applicable Objective and Policies noted above, as it will provide for the preservation of the subject structure, thereby ensuring the protection of an example of this type of style and building. Further, the comments above illustrate that the request meets the criteria set forth in LDR Section 4.5.1 which provides for the designation of "historically significant buildings." Therefore, the proposed designation is appropriate and a recommendation of approval should be forwarded to the City Commission. The Public Hearing dates for review of the subject designation by the City Commission have been tentatively scheduled for February 19 and March 5, 2013. COURTESY I PUBLIC NOTICES Public Notice letters were mailed to the property owners within a 500' radius of 170 Marine Way. Letters of support or objection, if any, will be presented at the HPB meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission that "The Marina House" be listed in the Local Register of Historic Places at 170 Marine Way, Marina 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 Sections 4.5.1(B) and 4.5.1(C) of the Land Development Regulations. C. Move a recommendation of denial to the City Commission that "The Marina House" not be listed in the Local Register of Historic Places at 170 Marine Way, Marina Historic District, by finding that the request is inconsistent with the Comprehensive Plan, and Sections 4.5.1(B) and 4.5.1(C) of the Land Development Regulations. "The Marina House" Designation; 2013 -044 HPB Meeting February 6, 2013; Page 3 of 3 RECOMMENDATION Move a recommendation of approval to the City Commission that "The Marina House" be listed in the Local Register of Historic Places at 170 Marine Way, Marina 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 Sections 4.5.1(B) and 4.5.1(C) of the Land Development Regulations. Attachments: "The Marina House" Designation Report, Location Maps Staff Report Prepared by: Amy Alvarez, Historic Preservation Planner it r Y� d t� ► : ' 1� ,, I x Al i 4 .. N` _ a A. 11► w I� • � 1�� � � REAL NEWS 5T '5 HEgE (5bl) 820-4343 C)-,3 RAWBEACHPOST.COM 1 REAL L T RTS HERE THE PALM BEACH OOS 3 cM . aF�a �� caa ��assaa OF- :-No PUB! The. Pafm P®ad, Post.:.:.: 2= 2,�l1:5 957212 (561) 820 -4343 1 FRIDAY, FEBRUARY'22; 2013