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26-96
FAILED ON FIRST READING - JULY 9, 1996 ORDINANCE NO. 26-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING CERTAIN PROPERTIES LOCATED ON SOUTH OCEAN BOULEVARD (STATE ROAD A1A), AS MORE PARTICULARLY DESCRIBED HEREIN, AS AN HISTORIC DISTRICT; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994" TO SHC~ THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; 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 districts; and WHEREAS, on September 6, 1995, the Historic Preservation Board of the City of Delray Beach initiated the nomination of the property hereinafter described for historic district designation, and a designation report was subsequently prepared; and WHEREAS, the Historic Preservation Board held a duly noticed public hearing in regard to the historic district designation on June 19, 1996, and voted 4 to 2 to recommend approval of the South Ocean Boulevard Historic District; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the historic district designation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described properties in the City of Delray Beach, Florida, are hereby designated the South Ocean Boulevard Historic District in accordance with and under the provisions of Section 4.5.! of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: The South 100 feet of the North 495 feet of Government Lot 1 lying east of Ocean Boulevard, Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida. ~(501 South Ocean Boulevard) The South 100 feet of the North 595 feet of Government Lot 1 lying east of Ocean Boulevard, Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida. (511 South Ocean Boulevard) The South 100 feet of the North 695 feet of Government Lot 1 lying east of Ocean Boulevard, Section 2!, Township 46 South, Range 43 East, Palm Beach County, Florida. (521 South Ocean Boulevard) FAILED ON FIRST READING - JULY 9, 1996 FAILED ON FIRST READING - JULY 9, 1996 The South 110 feet of the North 805 feet of Government Lot 1 lying east of Ocean Boulevard, Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida. (601 South Ocean Boulevard) The South 130 feet of the North 935 feet of Government Lot ! lying east of State Road No. 140, Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida. (611 South Ocean Boulevard) The South 120 feet of the North 1055 feet of Government Lot 1 lying east of Ocean Boulevard, Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida. (701 South Ocean Boulevard) Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the Zoning Map of City of Delray Beach, Florida, to show the historic designation, in an overlay manner. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of t~is 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. ~tmt 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 . , 1996. MAYOR AT~EST: City Clerk First Reading Second Reading - 2 - Ord. No. 26-96 FAILED ON FIRST READING - JULY 9, 1996 FAILED ON FIRST READING - JULY 9, 1996 II. LOCATION MAP I N SOUTH OCEAN BOULEVARD ,..--,c oc.,~..~., HISTORIC DISTRICT OTY OF' OCI~A¥ ~0~. tr~. ~A~gD O~ ~S~ ~AD~G - 3U~ 9, 1996 OAD. ~0. ~6-96 MEMORANDUM TO: ^~YOR~j~ AND CITY COMMISSIONERS HISTORIC DISTRICT) DATE: JUNE 28, 1996 This is first reading for Ordinance No. 26-96 which designates six contiguous lots as the South Ocean Boulevard Historic District. The properties are located south of Cas,~arina Road on the east side of State BDad A1A. On September 6, 1995, when the Historic Preservation Board initiated historic district designation, there were six contiguous qualified historic houses in the proposed district and three of the property owners were in favor of desigo~tion. Since that time, one of the houses has been moved off the site and new construction is underway on the lot; one of the historic residences has been demolished; and all of the property owners oppose district desigo~tion. For these reasons, staff does not support the district designation. The City's regulations regarding historic district designation state that when the affected property owners object to the designation, a super majority (4 votes) of the City Commission is required for approval. A_8__8itional backgrouDxt and analysis is provided in the attached staff report and in the Designation Report. The Historic Preservation Board considered this item at public hearing on June 19, 1996. After hearing testimony, the Board voted 4 to 2 to recommend approval of the historic district designation. Recommend consideration of Ordinance No. 26-96 on first reading. If passed, a public hearing will be scheduled for July 23, 1996. ref: agmemol 1 TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNING AND ZONING ~¢~~'~R~C F~-'c'~ V T ON PLANNER FROM: PAT CAYCE, HISTOR C PRESER A I SUBJECT: MEETING OF JULY 9, 1996 FIRST READING OF AN ORDINANCE TO DESIGNATE THE PROPOSED SOUTH OCEAN BOULEVARD HISTORIC DISTRICT TO THE LOCAL REGISTER OF HISTORIC PLACES The action requested of the City Commission is that of approval on first reading of an ordinance designating the proposed South Ocean Boulevard Historic District to the Local Register of Historic Places. The proposed district is comprised of six contiguous lots consisting of four historic single family residences; one vacant lot; and one new single family residence currently under construction. The boundaries of the proposed district are as follows: The northern boundary is the north property line of Government Lot 1-3 (first lot south of the Seagate Beach Club); the eastern boundary is the east property line of the lots in the district (Atlantic Ocean); the southern boundary is the south property line of Government Lot 1-8 (701 S. Ocean Boulevard); and the western boundary is the east side of State Road A-l- A (South Ocean Boulevard). The street addresses are as follows: 501,511,521,601,611, and 701 South Ocean Boulevard. The Legal Description of the proposed district is incorporated in the text of the ordinance. City Commission Documentation Ordinance to designate the South Ocean Boulevard Historic District Page 2 On September 6, 1995, when the Historic Preservation Board initiated historic district designation there were six contiguous qualified historic houses in the proposed district and three of the property owners were in favor of designation. Staff supported the nomination of the historic district at that time. Since that time, one of the houses has been moved off the site and new construction is under way on the lot; one of the historic residences has been demolished; and all of the property owners oppose district designation. For the above reasons, staff no longer supports the district designation. It is noted that the City's regulations regarding historic district designation state that when the affected property owners object to the designation, a super majority (4 votes) of the City Commission is required for approval. Additional background and analysis is provided in the attached Historic Preservation Board staff report and in the Designation Report. The Historic Preservation Board considered this item at a Public Hearing on June 19, 1996. Forty-two letters of support were received and forwarded to the Board prior to the meeting. Additionally, letters of support were received from The Preservation Foundation of Palm Beach, the Florida Department of State, Division of Historical Resources, the Boca Raton and Ft. Lauderdale Historical Societies, the Miami Design Preservation League and the National Trust for Historic Preservation. However, it is not known if the supporters were aware that all of the affected property owners opposed the district designation. Letters of opposition from all of the proposed district property owners were received. Additionally, a petition with 19 signatures, and 3 letters of opposition were received and forwarded to the Board prior to the meeting. The meeting was mannerly and businesslike. Twelve people spoke in favor of the designation. Five individuals spoke in opposition, including Frank McKinney, representing several of the affected property owners. After discussion the Board voted 4-2 to recommend district designation to the City Commission. Yaughan and Turner dissenting; Johnson absent. City Commission's discretion. City Commission Documentation Ordinance to designate the South Ocean Boulevard Historic District Page 3 Attachments: HPB Staff Report of June 19, 1996 South Ocean Boulevard Designation Report Letters from affected property owners file/8-hist Project Name: Proposed South Ocean Boulevard Historic District. Project Location: The northern boundary of the proposed district is the north property line of Government Lot 1-3; the eastern boundary is the Coastal Construction Line; the southern boundary is the south property line of Government Lot 1-8; and the western boundary is the east side of state road A-I-A (South Ocean Boulevard). The street addresses are as follows: 501,511,521,601, 611, and 701 South Ocean Boulevard The action requested of the Board is that of conducting a public hearing to allow the affected property owners and the public to comment on the designation of the proposed historic district. After the public has been heard, the Board will vote to transmit the designation nomination to the City Commission and recommend that the historic district be listed, by ordinance, in the Local Register of Historic Places. At the meeting of September 6, 1995, after a preliminary review of the district, the Historic Preservation Board initiated the nomination for historic district designation and requested staff to prepare a designation report. A draft of the report was presented to the Board at its meeting of September 20, 1995. At that meeting the board voted to delay accepting the designation report and therefore did not set a date for a public hearing. The proposed district was composed of six contiguous historic properties; three of the six property owners were in favor of creating the historic district and requested the Board to consider the nomination. On September 21, 1996 the three property owners in favor of designation withdrew their support for historic district status. At the Board's request, the designation report was again presented for review at its meeting of May 1, 1996. At that meeting the Board voted to hold a special meeting on May 3, 1996 for the purpose of formally accepting the designation report and set the date for the public hearing for June 19, 1996. Meeting Date: June 19, 1996 Agenda Item: III HPB Staff Report S. Ocean Blvd. Designation Page 2 I The proposed distdct consists of four historically significant single family residences; one vacant lot; and one new single family residence currently under construction. From north to south the properties are distributed as follows: three contiguous historic houses; a vacant lot; new construction; and an historic house. Please see the attached designation report for information on the properties and their historical and architectural significance. At the time of the Board's initiation of the histodc district designation, there were six contiguous historic houses within the boundaries, and three of the owners were in favor of designation. Since that time, one of the houses has been moved off the site, one has been demolished, and all of the property owners are opposed the distdct designation. While the four remaining sites are significant, the loss of the two contributing buildings has seriously compromised the integrity and continuity of the district. Additionally disappointing, is the lack of support of the owners within the proposed district. Proceeding with the designation, despite total lack of owner approval, projects a negative regulatory image which may seriously hamper the Board's ability to gain support for the designation of other historic districts. For example, the National Register will not list an historic district unless a majority of the property owners approve the designation. In light of the above, with only two thirds of the historic properties remaining and one new residence under construction which is inappropriate in scale, massing and design to the historic area, the Planning staff has reevaluated the nomination and no longer supports the historic district designation. However, as stated in the de. signation report, the four remaining houses are of unquestionable historical and architectural significance. Staff strongly recommends that the four remaining structures be listed in the Local Register of Historic Places by individual designation at the owners request. Individual listing will protect the buildings from inappropriate renovation; delay demolition .... for a period of up to six months; assure that new construction is reviewed through the COA process; make the properties eligible to participate in the County's tax abatement program for historic properties if restoration or renovation is undertaken. All of which will serve as a means to preserve the historical integrity of the individual structures. HPB Staff Report S. Ocean Blvd. Designation Page 3 Pursuant to Land Development Regulations (LDRs) Section 4.5.1(C) Designation .P. rocedures, the Historic Preservation Board initiated the district nomination; reviewed and accepted the designation report and set June 19, 1996 for a public hearing. On June 5, 1996, notice of the public hearing was sent by certified mail to the property owners within the proposed district and by regular mail to all property owners within a five hundred radius of the proposed district. The required newspaper notice was published in The News on June 5, 1996. 1. Approve the nomination and transmit the Board's findings to the City Commission with the recommendation that the South Ocean Boulevard Historic District be listed in the Local Register or Historic Places. 2. Deny the nomination with reasons stated. Board's discretion file/6-hist SOUTH OCEAN BOULEVARD HISTORIC DISTRICT DESIGNATION REPORT HISTORIC PRESERVATION BOARD DELRAY BEACH, FLORIDA DESIGNATION REPORT SOUTH OCEAN BOULEVARD TABLE OF CONTENTS I. GENERAL INFORMATION I1. LOCATION MAP II1. ARCHITECTURAL INFORMATION IV.HISTORICAL INFORMATION V. STATEMENT OF SIGNIFICANCE IV.BIBLIOGRAPHY AND SOURCES -2- I1. LOCATION MAP N SOUTH OCEAN BOULEVARD ,~ ~.,,,,,,~., HISTORIC DISTRICT -- O,~'r~ ~AE&' ~ $)"5'."Z'~' -- I. GENERAL INFORMATION Location: The proposed district consists of five single family contributing residences and one new house under construction, located on the east - side of State Road A-1-A. The northern boundary of the proposed district is the north property line of Government Lot 1-3, the eastern boundary is the Coastal Construction Line, the southern boundary is the south property line of Government Lot 1-8 and the western boundary is the east side of State Road A-1-A ( South Ocean Boulevard). The street address are as follows: 501 South Ocean Boulevard 511 " " " 521 ...... 601 " " " 611 " " " House under construction 701 " " " Present Zoning: Single Family Residential R-l-AAA. No change in zoning is proposed as a result of historic district status. Legal Description of the District: Township 46, Range 43, Section 21: The northern boundary is the north property line of Gov't. Lot 1-3 which is described as the south 100 feet of the north 495 feet of Government Lot 1, east of Ocean Blvd. The eastern boundary is the Coastal Construction Line. The southern boundary is the south property line of Gov't Lot 1-8 which is described a.s the south 120 feet of the north 1055 feet of Government Lot 1 lying east of Ocean Blvd. The western boundary is the eastern right-of-way of State Road A-1-A (South Ocean Boulevard). Classification for Designation: Architectural and cultural significance Significance of the District's Boundaries: In the eady to late 1930s, when prominent business leaders from the Northeast chose Delray Beach's ocean front as the location for their winter residences, they built them in this specific geographic area. Now, due to encroaching development from the south, this enclave of five remaining historic homes is seriously threatened and deserves the protection of historic designation. -3- III. ARCHITECTURAL INFORMATION All the residences are named for their original owners and are listed in order from north to south. Information regarding'the individual architects is found at the end of this section. 501 SOUTH OCEAN BOULEVARD: THE NISBET HOUSE Property Control Number: 12-43-46-21-00-001-0030 Original owner: VVilliam B. and Edith B. Nisbet Present owner: South PAC Trust, International Inc. Tr., 1450 S. Dixie Highway, Boca Raton, FL 33432 Architect: Unknown Date of construction: 1934 - 1938 Style: Monterey Vernacular The date of construction for the Nisbet House is listed on the Palm Beach County tax rolls as 1934. However, a warranty deed executed on Apdl 19, 1938 states that William B. Nisbet and his wife Edith B. Nisbet purchased the vacant property from S. Fahs Smith and his wife Neville Mitchell Smith of York County, Pennsylvania, and Bassett W. Mitchell and his wife Mary Starr Mitchell, of Palm Beach County. There were interesting restrictive covenants to the deed; the house to be constructed on the property could cost not less that-$10,000,-with setback requirements as follows: side 10', front 20', and 20' from the "(~oastal vegetation line." Additionally, there was a height limitation for walls and fences; and a stipulation that electric wires had to be placed in conduits underground. Though the building's architect is unknown, it is obviously the work of a talented designer. Copies of the original elevations exist, however the architect's seal is illegible. It is possible that advanced computer enhancement could reveal the identity of the seal. The house has been home (through ownership and rental) to some of America's leading families, including: Seward Vanderbuilt Webb, Talbot T. Speer, prominent Maryland publisher; and Lerner B. Harrison, record- -5- holding national sport fisherman and descendant of Presidents William and Benjamin Harrison. The structure is primarily rectangular in form with a garage ell to the north. It is a two story structure of frame construction clad in horizontal wood clapboards. It has a hip roof configuration, the roofing material is composition shingle. The foundation is constructed of concrete piers. The windows are six over six pane double hung with operable wood shutters and floors of Dade County pine. The cantilevered second story balconies are typical of the Monterey style. The house underwent a complete renovation in 1993. At the time of this report, a two story addition . consisting of a double garage and studio above is being constructed on the southwest corner of the existing structure. The addition was designed by Fort Lauderdale architect John W. Szerdi. II- -6- 511 SOUTH OCEAN BOULEVARD: THE RILEY HOUSE Property Control Number: 12-43-46-21-00-001-0040 Original owner: Mr. and Mrs. Melville Riley Present owner: Carl and Nancy Touhey 511 S. Ocean Blvd. Delray Beach, FL 33483 Architect: Gustav A. Maass Date of construction: 1939 Style: Resort Colonial The vacant property was purchased in 1936 by Mr. and Mrs. Melville F. Riley of Hagerstown, Maryland. Mr. Riley was the president of the Potomac Edison Company, one of the largest electric companies in the Northeast. The residence, completed in 1939, was designed in the Resort Colonial style by prominent Palm Beach architect, Gustav A. Maass. Willard M. Waters, well known Delray Beach builder, was the contractor for the project. Inhabited from 1939 through 1978 by the Riley family, the descendants of a leader in American business, this house attracted, like the houses on either side of it, prominent visitors. From a log kept by Melville F. Riley, Jr. the following leaders from the nation's political, arts and entertainment world came to 511 South Ocean Boulevard: Alben W. Barkley, Vice President during the Truman administration, Broadway producer Archibald Selwyn and St. Louis Cardinal's General Manager, Al Laing. Additionally, during World War II, when there was a great need for housing for the officers from the Boca Raton Air Station, General L.A. Lawson, the Commanding General of the Station, lived at 511; he later became the Commanding General at Okinawa. This house incorporates many of the details of design typical of residences designed by Gustav Maass. It is a combination of one and .. _ two stories, creating a variegated roof line of architectural interest. Constructed of fame and concrete block, the extedor finish is brick. The structure is set on a concrete foundation. It has a hip roof with a cement tile finish. Basically "U" shaped in form, it has a garage to the north of the "U". Casement windows with operable wood shutters compliment the exterior. The wood shutters and balconies front and back, coupled with brick construction typify the Resort Colonial style. .-/_ 521 SOUTH OCEAN BOULEVARD: THE JOHNSTON HOUSE Property Control Number: 12-46-21-00-001-0050 Original owner: Percy Johnston, Jr. Present Owner: William and Anne A. Black Bridlespur Farm Keswick, VA 22947 Architect: Samuel Ogren Date of construction: 1938 Style: French Resort Colonial This island style French Colonial home was completed in 1938. It was designed by Samuel Ogren, Delray's most prodigious National Register architect, for prominent New York broker, Percy Johnston, Jr. The four bedroom house is irregular in form, of concrete block construction with a stucco finish. It was constructed by the contracting firm of H.A. Anderson & Company of West Palm Beach. The primary gable roof runs north and south with a large chimney at the south end. The wood windows are six over six pane double hung with operative wood shutters. The form and massing of the house plus its exterior design elements associate it with the French West Indian Colonial style. Known locally as "Lemon Tree House", its name is dedved from the ornamental lemon tree which has adorned the mailbox for over thirty years. 601 SOUTH OCEAN BOULEVARD: THE SNYDER HOUSE Property Control Number: 12-43-46-21-00-001-0060 Original owner: William P. Snyder, Jr. Present owner: William P. Snyder III Blackburn Road Sewickley, PA 15143 Architect: Gustav Maass Date of construction: 1937 Style: Resort Colonial Constructed in 1937, the house was designed by prominent Palm Beach architect Gustav A. Maass. Though not built until 1937, the house was commissioned by William P. Snyder of Pittsburgh Pennsylvania in 1982; it is one of Maass's earliest commissions in the City. Mr. Snyder was the founder of the Snyder Mining Company and a descendant of Pennsylvania's first Governor, Simon Snyder. The present owner is the son of the original owner. Built in the Resort Colonial style, it is one of the oldest houses in the district. Its basic form is rectangular with a garage ell on the north side. It has two stodes and is of frame construction on a concrete foundation. The exterior finish is horizontal wood siding. The roof is hip and gable with a large chimney at the south end of the primary gable. It is an excellent example of New England Colonial styling adapted to the South Florida environment. -I0- 611 SOUTH OCEAN BOULEVARD: NEW HOUSE UNDER CONSTRUCTION Property Control Number: 12-43-46-21-00-001-00-0070 Present owner: Venture Concepts International, Inc. 72 S.E. 6th Avenue Delray Beach, FL 33483 The 21,000 square foot single family residence currently under construction was designed by the Delray Beach architectural firm of Kup- Vigneault. The house which formerly occupied this site was constructed in 1936 and was designed by noted Miami architect, Carlos B. Schoeppl. VVhile basically Mediterranean Revival in style the structure clearly shows the influence of the Art Moderne period which was extremely popular in Miami during the 1930s and 40s. The house was moved to the southeast corner of North Swinton Avenue and N.E. 12th Street, in January of 1996. The legal description of the new location is as follows: Dell Park Subdivision, Block 6, Parcel 2; a replat of Lots 13, 14, 15, 16& 17. For additional information regarding the house and its architect please refer to the administrative file of the South Ocean Boulevard Historic District. -Il- 701 SOUTH OCEAN BOULEVARD: THE NOYES HOUSE Property Control Number: 12-43-46-21-001-0080 Original owner: Julius W. and Rosita T. Noyes Present owner: Mary E. Alfring 701 S. Ocean Blvd. Delray Beach, FL 33483 Architect: Unknown Date of construction: c. 1939 Style: Mediterranean Revival This house was constructed c. 1939. The first known owners were Julius W. and Rosita de Texada Noyes. Mr. Noyes was affiliated with the Wall Street brokerage firm of E.F. Hutton & Co. Other residents have included William Grace Holloway, of the W.R. Grace family. The house is irregular in form surrounding an interior courtyard. It is constructed of reinforced concrete with an exterior stucco finish. The windows surrounds are constructed of coral rock and the windows are covered with delicate iron grilles. The floors are a combination of cypress, hard pine, marble and terrazzo. The roof is a combination of hip and gable and is finished in terra cotta tile. Although the architect is unknown, it is obviously the work of a gifted designer. That great care was taken with the aesthetics of the house is evidenced by the fact that the swimming pool, which was constructed at a later date, was designed by renowned Palm Beach architect, John Volk. -12- The Architects Gustav A. Maass Mr. Maass graduated from the University of Pennsylvania's School of Architecture. He settled in Palm Beach, Florida, in 1927 and went into partnership with rising young architect, John Volk. The partnership lasted approximately five years, terminating in 1932. Maass's work was popular in Delray Beach; his commission records indicate that from 1927 to 1957 he designed twenty two buildings in the City, including four commercial buildings on East Atlantic Avenue; the Sandpatch Building, Love's Drug Store, Zuckerman's Department Store (now Mercer Wenzel's) and the Seaboard Air Line Railway station (no longer accessed from Atlantic Avenue) which is listed in the National Register of Historic Places. Samuel Ogren Samuel Ogren, while working for the West Palm Beach architectural firm of William Manley King, designed his first house in Delray Beach, 704 N. Swinton Avenue, in 1924. Establishing his own practice in the City, he became Delray's most illustrious and prolific architect. While retaining his private practice, he served for a time as official architect to the City and designed everything from fire stations to schoolhouses. In 1926 he designed the Delray Beach High School and Gymnasium, both buildings, constructed in the Mediterranean Revival style, are listed in the National Register of Historic Places as part of the Old School Square designation. -13- IV. HISTORICAL INFORMATION In the prosperous decade following WWl Delray Beach was caught up in the great Florida Land Boom of the 1920s. Houses and commercial buildings were built almost over night. The prevailing style, rich in exterior detail and decoration, was the eclectic Mediterranean Revival style. In an era of ever expanding personal wealth, it was the fashion to demonstrate ones financial acumen by building in this highly visible style. The Land Boom reached its end in the spring of 1926 and plunged South Florida into a depression at least three years before the rest of the country, when the stock market crash of 1929 sent the nation into the worst economic depression of its history. Delray Beach weathered some lean years but its recovery was earlier than most of South Florida. The area did not lose its appeal to those who could afford winter homes. Well known artists, writers and cartoonists established a winter "artists colony" and wealthy industrialists were attracted by the Iow-keyed village atmosphere and the lack of dire want which was affecting the rest of the country. The houses in the district are a reflection of these troubled times. In spite of the Great Depression there was still a great deal of residential construction in the City, much of it built by wealthy winter residents. A post-Depression building boom began in Delray Beach in 1935, when the population of the city was almost equally divided between permanent residents and winter visitors. October, 1938 was the busiest month for construction in the City since 1925. The highest total dollars, $133,365 worth of building permits were issued in October, 1938. The majority of new construction was designed in some adaptation of what has become known in the City as, th.e Resort Colonial style. This relatively simple style was in deliberate contrast to the more flamboyant and exuberant Mediterranean Revival style which was in vogue only a decade before. The style was more modest in its exterior presentation and was thought to be more appropriate during the difficult financial times affecting most of the country. While the exterior was relatively plain and lacking in ostentation, the interiors were often beautifully crafted and detailed. Four of the houses in the district reflect an interpretation of the Resort Colonial revival style; the other one has its origin in the Mediterranean Revival style but is a great deal more restrained with respect to exterior detailing than those built in the 1920s. -14- V. STATEMENT OF SIGNIFICANCE As described above the South Ocean Boulevard Historic District is a specific area of architectural and cultural significance. Culturally it represents an era in the history of Delray Beach which reflects the period between the stock market crash of 1929 to the advent of VWVII. Throughout the period of the Great Depression, Delray continued to grow in a manner unique in South Flodda. Individuals of wealth and position, as well as the flourishing artist colony, fueled the growth in construction which in turn allowed many of the City's fine builders and craftsmen to withstand the withering economy. This was a ten year window of opportunity, in which the City solidified its position as a "village by the sea". The effect of the Resort Colonial style of architecture, designed by prominent architects and commissioned by winter visitors, on expensive ocean front property, can be seen in more modest interpretations throughout the City. However, the four examples of the style in the proposed historic district are the last remaining in the City which are located directly on the oceanfront To insure that this area is afforded protection from inappropriate alterations which may affect the integrity of this distinctive beachfront neighborhood, it is proposed that it be designated as an Historic District under the provisions of Section 4.5.1 of the City of Delray Beach's Land Development Regulations. Criteria for Designation To qualify as an historic district the properties must fulfill one or more of the criteria set forth in Section 4.5.1(B)(2) or (3) The proposed district more than meets the criteria for designation and fulfills the qualifications as follows: 4.5.1(B)(2) Historical or Cultural Significance (d) Exemplifies the historical, political, cultural, economic, or social" trends of the community in history. 4.5.1(B)(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. (c) Is an historic or outstanding work of a prominent architect -1:5- IV. BIBLIOGRAPHY AND SOURCES City Building Cards City Building Permit Records Palm Beach County NAL File Surf and Tide Magazine, January 26, 1940 Delray Beach City. Directory_, Volume III, 1953-54 Delray Beach News: · December 14, 1934 · June 26, 1936 · February24, 1939 · April21, 1939 The Social Index-Directory; Palm Beach, Southern Florida, Gulf Coast, Bahamas; 1974; Memoirs, Melville F. Riley, Jr. Unpublished Memoir Grolier Encyclopedia of Knowledge, Volume IX, Published 1993. S:PLANNI/OCEANH-D.DOC -16- ADDENDUM Of the twenty five original single family residences located on the east side of State Road A-I-A between the south end of the City's public beach and Linton Boulevard, six have been demolished, two have been moved and one has been remodeled and enlarged to an extent that the odginal structure is unrecognizable from the exterior. Moved or Demolished R-l-AAA ~ 501 and 511 S. Ocean Blvd. Worrell Enterprises, Inc. May 9, 1 9 9 6 Thom~ E. Worrell, Jr. Chairman Ms. Patricia Cayce City of Delray Beach Historic Preservation Board 100 N.W. 1st Avenue Delray Beach, FL 33444 VTACERTIFIEDMAIL Dear Ms. Cayce: I have been out of the country for almost two weeks. I returned last night. At that time I reviewed the notice of a scheduled meeting of the Historic Preservation Board of Delray Beach to consider designating property I own as part of the South Ocean Boulevard Historic District. · I am the owner of the proPerty at 501 South Ocean Boulevard, and 511 South Ocean Boulevard, which I purchased several weeks ago. The purpose of this letter is to formally notify you and the board that I strenuously object to and oppose the inclusion of my properties in any historic district. I consider such an action to be unnecessary, intrusive, and potentially damaging to the value of my property. Further, it is my understanding that a developer was allowed to tear down one of the homes in the designated area on the day of notification concerning the public hearing. In fact, I suspect it is this developer and the projects he has undertaken along South Ocean Boulevard that may have caused concerns by the Historic Preservation Board. While I certainly support the preservation of historic properties and landmarks, I do not believe that it is appropriate in this case for the government to attempt to mandate and restrict property owners in the quiet enjoyment of their homes and property. If the City of Delray Beach wishes to influence the style of residences being erected along South Ocean Boulevard, it already has the means to do so. 1450 South Dix~ H~hwa¥ ~ Boca Raton, FlorMa 33432 ~ %~I: 407-338-3298 PL,~NNi. NG & ZON lNG u ~x: 407-338-3453 Ms. Patricia Cayce May 9, 1996 Page Two I have endeavored, at considerable expense, to protect and enhance the historic characteristics of my residence at 501 South Ocean Boulevard. I will do the same at 511 South Ocean Boulevard. I do this because of a personal commitment to preservation. It seems to me the answer to the concerns of the board lie not in government intervention but in communication and cooperation between the board and citizens of the community. I would be happy to discuss deed restrictions or other voluntary actions that may be taken to preserve unique properties. I would appreciate it if this letter would be made a part of the record concerning this matter. Thomas E. Worrell, Jr. TEWjr :mb cc: Members of the Board City Commissioners 521 S. Ocean Blvd. ~WILLIAM T. BLACK BRIDLESPUR FARM ~ ~:)~--~ KESWICK, VI RGINIA 22947 ' ¢' ~A /~ ~ mANNING &zoNIN~ m 601 and 611S. Ocean Blvd. ~ ELK. BA_NF~IER. PALlVIER & CHRISTU M. ADAM BANKIER. P.A, SANCTUARY CENTRE · SUITE 105E ERIC C. CHRISTU, P,A, 4800 NORTH FEDERAL HIGHWAY PHILLIPS POINT SCO~T A. ELK. P.A. BOCA RATON. FLORIDA 33431 8TH FLOOR WEST TOWER ADAM D. PALMER. P.A. (407) 368-8800 777 SOUTH FLAGLER DRIVE Of COUNSEL: (407) 394-3733 WEST PALM BEACH. FL 33401 ROBERT M. PALMER FACSIMILE {407) 394-3699 PALM BEACH: (407} 820-9466 LAWRENCE S. SCHWARTZ* BROWARD: (954) 776-1OO6 '^ .... ' ................ June 14, 1996 (BO0) 995-0200 VIA HAND DELIVERY Mr. John Vaughan, Chairman Ms. Debora Turner Historic Preservation Board, Historic Preservation Board, City of Delray Beach City of Delray Beach 917 N.E. 8th Avenue 277 S.E. 5th Avenue Delray Beach, FL 33483 Delray Beach, FL 33483 Ms. Julie Morgan, Vice Chairman Ms. Susan Hurlburt Historic Preservation Board, Historic Preservation Board, City of Delray Beach City of Delray Beach 450 N. Swinton Avenue 1230 Vista Del Mar Drive Delray Beach, FL 33444 Delray Beach, FL 33483 Mr. John Johnson, Second Vice Chairman Ms. Pat Healy-Golembe Historic Preservation Board, Historic Preservation Board, City of Delray Beach City of Delray Beach /' 20 N. Swinton Avenue 2000 S. Ocean Boulevard ~. Delray Beach, FL 33447 Delray Beach, FL 33483 Ms. Vera Farrington Ms. Diane Dominguez Historic Preservation Board, 100 N.W. 1st Avenue City of Delray Beach Delray Beach, FL 33483 310 N.W. 2nd Avenue Delray Beach, FL 33444 RE: OPPOSITION OF SOUTH OCEAN BOULEVARD HISTORIC DISTRICT Dear Ladies and Gentlemen: The undersigned represents the interests of Frank E. McKinney, III, owner of property located at 611 South Ocean Boulevard and Thomas M. Melone, Truste~, the owner of property located at 601 South Ocean Boulevard. On behalf of my clients, the undersigned is strongly opposed to the establishment of an historic district as proposed under the South Ocean Boulevard Historic District. The proposed South Ocean Boulevard Historic District (hereinafter the "Proposed District") has been arbitrarily defined to include six (6) properties commencing from the north at 501 South Ocean Boulevard and including 511 South Ocean Boulevard, 521 South Ocean Boulevard, 601 South Ocean Boulevard, 611 South Ocean Boulevard and 701 South Ocean Boulevard. There is no standard or criteria for why these six (6) homes were singled out and why numerous other (' ,. properties extending south of these six (6) properties were not also included. Furthermore., along this stretch of Delray Beach are some homes which have not been renovated, and other homes which. Historic Preservation Board, City of Delray Beach June 14, 1996 Page 2 have been demolished in whole with modern new luxury homes constructed thereon, or which have been renovated and modernized by piecemeal additions. I oppose the Proposed District based upon its lack of a rational criteria associated and restricted arbitrarily these six (6) specific properties. The home located at 501 South Ocean Boulevard has been renovated on the interior and portions of the exterior and is not consistent with historical specifications, notwithstanding that some original exterior aspects of the home have been retained. Further, the homes located at 601 South Ocean Boulevard and 611 South Ocean Boulevard which were previously set forth in the Proposed District have been demolished and new luxury, chateau style homes shall be constructed thereon. Accordingly, out of the six (6) homes within the Proposed District, two (2) shall have no historic significance whatsoever, and one (1) shall not retain original historic character due to renovations at portions of the interior. The lack of specific historical significance directly conflicts with the classification for designation of architectural and cultural significance. The application of the City of Delray Beach criteria for designation is not correlated to a majority of the properties within the Proposed District. Due to either demolition or renovation in part, there is no direct correlation between the required historic guideline in three (3) of these properties. Although it has not been verified, I have been informed that there have been significant additions and renovations to the remaining three (3) properties, which may also severely question their historical significance. There have been no factual confirmations of factors which may diminish the necessary criteria set for establishing a designation of these six (6) properties. The application of the criteria has been vaguely verified. Further, the establishment of the Proposed District could significantly impair and impede the property owners' rights and adversely effect the properties to such an extent as to require government compensation under the following criteria set forth Bert J. Harris, Jr., Private Property Rights Protection Act. Specifically, the following factors would weigh heavily in determining whether the establishment of the Proposed District would adversely affect the property to such an extent as to rise to the point of a taking requiring compensation to the property owners: 1.0 Economic impact of this regulation would be so severe upon the property~owners that it could deprive them of the sole reason and value for the purchase of the. Historic Preservation Board, City of Delray Beach June 14, 1996 Page 3 property. It is well known that these six (6) properties, in addition to the properties extending further south from these six (6) properties, as ocean front properties, are amongst the most valuable property in South Florida. The value of these properties could be as significant as 3 to 7 times the value as they would be in the event that had to retain the present arguably historic structures. Further, the diminishment in value could place mortgages encumbering these properties in default; 2.0 Many property owners along Delray Beach purchased their properties with the expectation that the properties can be redeveloped, thereby increasing the value many times. The Proposed District would in effect regulate the property owners so as to deprive them of their investment backed expectations; 3.0 The public benefit which would be derived by encumbering these six (6) properties with the Proposed District is questionable. Of these six (6) properties, two (2) have been razed for construction of chateau style, luxury homes. One (1) property has been renovated in the interior to modern, present day specifications and several of the other properties may have additions which alter and detract from any suspected historic value. The properties are private properties which are not open to the public for viewing of any sort, are not readily visible from South Ocean Boulevard, and the public benefit derived from the Proposed District may be nonexistent. Further, the harm to the property owners is extensive based upon the great decrease in property value in addition to the severe restrictions which would be placed on the property owner for future construction on these properties; 4.0 The Proposed District has been arbitrarily and capriciously set for the six (6) properties. No reason,. criteria or other rationale has been proposed for singling out these six (6) properties on the beach for the Proposed District. The division line for these properties has been arbitrarily and capriciously applied; and 5.0 The history of the properties, for reason mentioned hereinabove has not been adequately confirmed. Historic Preservation Board, City of Delray Beach June 14, 1996 Page 4 Due to the fact that we feel the property owners' rights have been violated based upon the above referenced factors, the same may rise to the point of being a taking of the property owners' rights for which we shall pursue compensation from the City in the amount of the damages for the highest and best use of these properties. The historical, cultural, archaeological, and aesthetic heritage of these six (6) properties, at this time, are neither consistent, nor are they completely verifiable. The applicability of this Proposed District to six (6) properties where no less than one-third (1/3) of the properties shall be modern luxury homes is inconsistent in its application and accordingly, can only vaguely be applied to these six (6) properties. In many areas, historic preservation districts are designed to prevent further public harm by restoring blighted areas. The Proposed District encompasses neither blighted properties nor property in need of regulation from an historic standpoint to help improve the area. Beach front development has traditionally been · a significant investment for homes of extensive value. The enactment of the Proposed District would severely diminish the property values and have a severe detrimental economic impact, not only on the Proposed District, but on those properties extending to the south of the Proposed District. My client, Thomas M. Melone, Trustee, has been severely economically damaged due to his inability to obtain a building permit for his home. The pursuance of the Proposed District has frozen his ability to obtain permits, and accordingly, in the event the Proposed District is further pursued to City Commission level, Mr. Melone may seek all damages which he has incurred due to the delay and potential property loss. I have been informed and ~t has been confirmed independently, that all six (6) property owners located within the Proposed District oppose the establishment of the Proposed District. The public benefit, which is vague and questionable, is severely overshadowed by the regulatory taking, both economically and, as deprivation of. right of the property owners beneficial use of their properties. All Property Owners purchase property with a view to having the right to pursue their home or business interests in a manner reasonably allowed by law. To deprive these owners of their economic and beneficial rights of property ownership, which is opposed by all property owners within the Proposed District, would be legally intolerable and actionable. Please consider the foregoing factors in your determination and hopeful conclusion not to pursue this proposed District any. Historic Preservation Board, City of Delray Beach June 13, 1996 Page 5 further. This matter has come before your Board on several other occasions and has been strongly opposed and dropped. I hereby request you to consider a final determination to prohibit this Proposed District. Thank you for your anticipated courtesy and cooperation with regard to this matter. Should you have any questions with respect to the foregoing, please do not hesitate to contact me. Sincerely, ByELK'[~~'~'~BAN'K~R & PALMER SCOTT A. ELK, P.A. SAE:Jvh cc: Frank E. McKinney, III Thomas M. Melone Mayor Jay Alperin David E. Randolph, Sr. Kenneth Ellingsworth Kevin Egan Karen Kiselewski Susan Ruby, Esq. Pat Cacey David Harden, City Manager sa®\J vh\c~tent\~en%ure\h:[stor:~c, l~r __701S. Ocean Blvd. MRS. JAMES G. ALFRING 701 SO[1TH OCEAN BOULEVARD DEl,RAY BEACH, FL 33483-6635 May 17, 1996 Ms. Patricia Cayce City of Deh'ay Beach Historic Preservation Board 100 N.W. 1st Ave. Delray Beach, FL 33444 Dear Ms. Cayce: I am the owner of the property at 701 South Ocean Boulevard, which my husband and I purchased in 1963 and where we have been living since that time. Our house is one of the four remaining houses in the proposed Historic District. I understand that the owners of three remaining houses are opposed to the inclusion of their properties in the proposed Historic District. And, by this letter I want to advise you and the Board that I am strongly opposed to the inclusion of my property in the District. About three years ago my late husband and I became concerned about the development along the ocean front and suggested to representatives of the Historic Board that appropriate action be taken to preserve the character of the beach property as it was at that time. No action was taken. Since then the property (611 South Ocean Boulevard) immediately to the north of my property has been sold and a large new residence is in the process of construction. Also the residence, formerly 601 South Ocean Boulevard, was sold and the house torn down. From my standpoint the damage has been done and this section of the beach has little or no historic significance. In view of these developments, I am opposed to the creation of a Historic District and believe that the Zonit~g Commission of Delray Beach should provide my property with adequate protection. Sincerely yours, Mary Ella Alfring v'~r~r'~ ~l~~yl~jlj} (" cc: Members of Historic Board }.lAY Ig~ 1996 Mayor Jay Alperin ptANNING & ZONING NOTICE OF PUBLIC HEARING Pursuant to Section 4.5.1(A),(B) and (C) of the Land Development Regulations, the Historic Preservation Board of the City of Delray Beach will conduct a Public Hearing at 6:00 PM on Wednesday, June 19, 1996, in the Commission Chambers at City Hall, 100 N.W. 1st Avenue. The purpose of the Public Hearing is to allow the public to comment on a proposal to establish a six property historic district on South Ocean Boulevard. Based on the analysis and testimony presented at the meeting, the Board will make a recommendation to the City Commission as to its designation in the Local Register of Historic Places. The proposed district consists of four single family historically contributing residences; one new house under construction; and one vacant lot, located on the east side of State Road A-1-A. The northern boundary of the proposed district is the north property line of Government Lot 1-3, the eastern boundary is the Coastal Construction Line, the southern boundary is the south property line of Government Lot 1-8 and the western boundary is the east side of State Road A-1-A ( South Ocean Boulevard). The street addresses are as follows: 501 South Ocean Boulevard 511 ...... 521 .... 601 ..... Vacant Lot 611 ...... House under construction 701 ' ..... A copy of the designation report is available in the Planning and Zoning Department at City Hall. Please be advised that if a person decides to appeal any decision made by the Historic Preservation Board with respect to any matter considered at this meeting or hearing, such person will need a record of the proceedings, and for this purpose such person may need to ensure that a verbatim record of the proceedings is made. Such record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Pursuant to F.S.286.0105. CITY OF DELRAY BEACH Alison MacGregor Harty City Clerk PUBLISH: June 5, 1996 THE NEWS file/u/ocean-np CITY DF DELRI:IY BEACH 100 N.W. 15t AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 CITY CLERK' S OFFICE FAX COVER SHEET ~ FROM: CITY OF DELRAY BEA~/CITY CLERK'S OFFICE NAME OF SENDER: ,~~ ~~~,~ DATE(SD OF PUB~,IOATION: ~ ~3 Iq9 C TOTAL NUMBER OF PAGES: ~ (including cover sheet) If you do not receive all the pages, please call as soon as Dos-~ible and ask for individual (sender) noted above. 05/29/96 16:07 ~407 243 3774 CITY/DELRA¥ BCH. ~001 ACTIVITY REPORT TRANSMISSION OK CONNECTION TEL 93384849 CONNECTION ID G3 START TIME 05/29 16:05 USAGE TIME 91'29 PAGES 2 Proposed South Ocean Boulevard Historic District Legal description: 21-46-43, S. 100 ft. of N. 495 ft. of Gov Lt. 1 E. of Ocean Blvd. (501 S. Ocean Blvd.); 21-4643, S. 100 ft. of N. 595 ft. of Gov Lt. 1 E. of Ocean Blvd. (511 S. Ocean Blvd.); 21-46-43, S. 100 ft. of N. 695 ft. of Gov Lt. 1 E. of Ocean Blvd. (521 S. Ocean Blvd.); 21-46-43, S. 110 ft. of N. 805 ft. of Gov Lt. 1 E. of Ocean Blvd. (601 S. Ocean Blvd.); 21-46-43, S. 130 ft. of N. 935 ft. of Gov Lt. 1 E. of St Rd No 140 (611 S. Ocean Blvd.) & 21-46-43, S. 120 ft. of N. 1055 ft. of Gov Lt. 1 Lyg E. of Ocean Blvd. (701 S. Ocean Blvd.) TRAN N.A.L. COUNTY TAPES INOUIRY 11:17: 18 Legal Description 6/24/96 PID#: 12 43 46 21 00 001 0030 Legal Line 1 .... 21-46-43, S 100 FT OF N 495 FT Legal Line 2 .... OF GOV LT 1 E OF OCEAN BLVD Legal Line 3 .... Legal Line 4 .... Legal Line 5 .... Legal Line 6 .... Legal Line 7 .... Legal Line 8 .... Legal Line 9 .... Legal Line 10... Legal Line 11... Legal Line 12... Legal Line 13... Legal Line 14... CF3: End CF12: Cancel FI: HELP TRAN N.A.L. COUNTY TAPES INOUIRY 11:17:36 Legal Description 6/24/96 PID~: 12 43 46 21 00 001 0040 Legal Line 1 .... 21-46-43, S 100 FT OF N 595 FT Legal Line 2 .... OF GOV LT 1 E OF OCEAN BLVD Legal Line 3 .... Legal Line 4 .... Legal Line 5 .... Legal Line 6 .... Legal Line 7 .... Legal Line 8 .... Legal Line 9 .... Legal Line 10... Legal Line 11... Legal Line 12... Legal Line 13... Legal Line 14... CF3: End CF12: Cancel Fi: HELP TRAN N.A.L. COUNTY TAPES INOUIR¥ 11:17:45 Legal Description 6/24/96 PID#: 12 43 46 21 00 001 0050 Legal Line 1 .... 21-46-43, S 100 FT OF N 695 FT Legal Line 2 .... OF GOV LT 1 E OF OCEAN BLVD Legal Line 3 .... Legal Line 4 .... Legal Line 5 .... Legal Line 6 .... Legal Line 7 .... Legal Line 8 .... Legal Line 9 .... Legal Line 10... Legal Line 11... Legal Line 12... Legal Line 13... Legal Line 14... CF3: End CF12: Cancel Fi: HELP TRAN N.A.L. COUNTY TAPES INOUIRY 11:17:55 Le(Jal Description 6/24/96 PID~: 12 43 46 21 00 001 0060 Legal Line 1 .... 21-46-43, S 110 FT OF N 805 FT Legal Line 2 .... OF GOV LT 1 E OF OCEAN BLVD Legal Line 3 .... Legal Line 4 .... Legal Line 5 .... Legal Line 6 .... Legal Line 7 .... Legal Line 8 .... Legal Line 9 .... Legal Line 10... Legal Line 11... Legal Line 12... Legal Line 13... Legal Line 14... CF3: End CF12: Cancel Fi: HELP ~RAN N.A.L. COUNTY TAPES INOUIRY 11:18:05 Legal Description 6/24/96 PID~: 12 43 46 21 00 001 0070 Legal Line 1 .... 21-46-43, S 130 FT OF N 935 FT Legal Line 2 .... OF GOV LT 1E OF ST RD NO 140 Legal Line 3 .... Legal Line 4 .... Legal Line 5 .... Legal Line 6 .... Legal Line 7 .... Legal Line 8 .... Legal Line 9 .... Legal Line 10... Legal Line 11... Legal Line 12... Legal Line 13... Legal Line 14... CF3: End CF12: Cancel Fi: HELP ~RAN . N.A.L. COUNTY TAPES INOUIRY 11:18:14 Legal Description 6/24/96 PID#: 12 43 46 21 00 001 0080 Legal Line 1 .... 21-46-43, S 120 FT OF N 1055 Legal Line 2 .... FT OF GOV LT 1 LYG E OF Legal Line 3 .... OCEAN BLVD Legal Line 4 .... Legal Line 5 .... Legal Line 6 .... Legal Line 7 .... Legal Line 8 .... Legal Line 9 .... Legal Line 10... Legal Line 11... Legal Line 12... Legal Line 13... Legal Line 14... CF3: End CF12: Cancel Fi: HELP JULY 4, 1996 DELRAY TIMES Page 9 "ONLY WHITES ALLOWED" That's the Legacy of Properties with the Proposed South Ocean BOulevard Historic District. Properties that the City Commission is considering designating "Historic." That's right. Deed restrictions for the properties within the proposed historic district say they are restricted to members of the Caucasian race. IS THIS THE LEGACY AN "ALL-AMERICAN CITY" SHOULD BE · COMMEMORATING? NO! TO: Mayor Alperin, and Delray City Commissioners Randolph, MAILTI-~'S COUPON TO YOUR MAYOR Ellingsworth Egan and Kiselewski AND CITY COMMISSIONERS: ' Mayor' 2 Alperin 2100 Lake Ida Flo~d, Delray Beach ~ Vote No to the Establishment of South Ocean Boulevard Historic David E. Randoiph, Sr. 105 N.W. 11th Avenue, Delray Beach District Kenneth Ellingsworth 2460 S.W. 22nd Avenue, Apt. 811, Delray NAM E Beach Kevin Egan 323 N.E, 8th Avenue, Delray Beach ADDRESS: Karen Kiselewski 3674 Lakeview Blvd, Delray Beach SIGNATURE COME TO THE CITY COMMISSION HEARING ON JULY 9 AND SAY NO TO THE SOUTH OCEAN HISTORIC DISTRICT Paid for by Citizens to Stop the Madness 7 JULY 4, 1996 DELRAY TIMES Page 11 WHY DOES CAROLYN PATTON AND THE DELRAY BEACH HISTORIC PRESERVATION BOARD WANT YOU TO PAY MORE TAXES? On July 9th, the City Commission Will vote on a proposal to create the South Ocean Boulevard Historic District. ESTABLISHMENT OF THE SOUTH OCEAN BLVD. HISTORIC DISTRICT WOULD MEAN MORE TAXES FOR YOU. Florida law provides for certain exemptions from taxes for homes in historic districts. That means less taxes on multi-million dollar homes and more taxes for you. Tell your City Commissioner you've had enough, SOUTH OCEAN MORE BOULEVARD '--. TAXES HISTORIC DISTRICT FOR YOU! PHONE YOUR CITY COMMISSIONER SAY NO TO HIGHER TAXES TO: Mayor Alperin, and Delray.City Commissioners Randolph, MAILTHIS COUPON TO YOUR MAYOR Ellingsworth, Eganand Kiselewski AND CITY COMMISSIONERS: Mayor J. Alperin [-~Vote No to the Establishment of 2100 Lake Ida Road, Delray Beach I^1 South Ocean BOulevard Historic David E. Randolph, Sr. 105 N.W. 11th Avenue, Delray Beach District Kenneth Ellingsworth 2460 S.W. 22nd Avenue, Apt. 811, Delray NAM E BeaCh Kevin Egan 323 N.E. 8th Avenue, Deiray Beach ADDRESS: Karen Kiselewski 3674 Lakeview Blvd, Delray Beach SIGNATURE Paid for by Citizens to Stop the Madness 7-8507 ac-fh JULY 4, 1996 DELRAY TIMES Page 13 DO YOU WANT TO PAY. EVEN $1 OF EXTRA TAXES TO SUPPORT AN "HISTORIC" DISTRICT OF MULTI-MILLION DOLLAR HOMES? DO YOU WANT TO PAY MORE TAXES SO MULTI-MILLION DOLLAR HOMES CAN PAY LOWER TAXES? F- I ' TO: Mayor AIperin and Delray City , Commissioners Randolph, I MAIL THIS COUPON TO YOUR MAYOR AND CITY COMMISSIONERS: Mayor J. Alperin ' -- Vote No to the Establishment of 2100 Lake Ida Road, Delray Beach , I South Ocean Boulevard Historic I David E. Randolph, Sr. 105 N.W. 11th Avenue, Delray Beach I I Kenneth Ellingsworth 2460 S.W. 22nd Avenue, Apt. 811, Delray ~' NAME Beach I Kevin Egan 323 N.E. 8th Avenue, Delray Beach ~ ADDRESS: I I Karen Kiselewski 3674 Lakeview Blvd, Delray Beach I ' SIGNATURE I L COME TO THE CITY COMMISSION HEARING ON JULY 9 AND SAY NO TO HIGHER TAXES!! Paid for by Citizens to Stop the Madness -, 'Venture Concepts I t.. e,r t na , neorporated ) Mayor Jay Mpe~ CITY Ma~" ..... n~[IgE dU~ 2 ~ Ci~ Co~ssioners ~en ~selews~, Dasd E. ~dolph, Sr., Dcm Mayor & Ciw Comssioners, ~er recently a~en~g the ~mofic Prese~ation Bo~d Meet~g of 6/19/96 1 wo~d ~e to reiterate my position reg~&g ~e creation of ask prope~ hstofic di~ ~ong Sou~ Oce~ Boulev~ ~om 501 S. Oce~ to 701 S. Oce~: 1) ~e Ci~ Comshon ~d ~e ~stofic Presemation Bo~d ~ve on ~e le~ers ofobj~fion ~d si~ed pefitio~ of opposition ~om ~ sk (6) ~e~y ~e~ prope~ omers M~ ~e proposed ~. ~ose omers ~clude ~. Thom~ Wo~e~, R., le~er ~ted 5/9/96, representing ~e propeffies at 501 ~d 511 South Oce~ ~om ~. W~m T. Blac~ l~er dat~ 5/21/96, represen~g the prop~ at 521 South Oce~ ~. Thom~ M. Melone, le~er, dat~ 5B/96, represe~g the prope~ at 601 Sou~ Oce~ ~. Fr~ E. Mc~, l~er dm~ 6/6/96, represen~g ~e prope~ at 611 South Oc~ ~d ~s. M~ E~a ~ le~er ~ted 5/17/96, represe~g ~e prope~ at 701 Sou~ Oc~. 2) CiW of De~y Beach ~ members, ~clu~g Pat Cayce, ~e ciCs ~ofic Procreation Pl~er, h~ r~ommend~ on ~ sep~ate oc~ions ~ ~e ~. ~'~e pubic he~g mee~g on ~e 1~ olive she ~b~ed her ~repoA tMt w~ed ag~ sen~g ~e ~ong message to ~e ~em of Dekay Beach by ~plemen~g a di~ when ~ere w~ 100% opposition Eom the ~ed prope~ omers. 3) ~e Ciw Commission ~d the ~stofic Prese~afion Bored have on ~e le~ers ofobj~fion ~d si~ed p~fio~ of opposition ~om s~enteen (17) out of the eiCt~n (18) oceanEom prope~ omers (one omer ~ out of the co~) adjacent to ~d ~u~g the proposed ~. Con~ to the position of~e prese~io~ms, ~ese prope~ omers ~e fi¢¢y opposed due to ~e deviation ~ ~ l~d ~d ~1~ ~ se~g these prope~i~ Wa ~ct were to be creme& 4) ~ere ~e volnnm~ me~s ~eady av~able ~d ~ place ~ou¢ w~ch a prope~ omer c~ privately p~e ~d~ vol~t~ Mstofic desi~ation. h closing, ~e m~e sent by the prese~afio~s ~d the four members of the Prese~afion Bo~d who vot~ ~ ~vor of the r~o~endation w~ "prese~afion fiCts over private prope~ rights". ~s appro~h is ~ong ~d potenfi~y ~gerous. ~en conside~g ~e isles set foAh above, I wo~d ho~ ~at J~y 9~ 1996 ~ be the 1~ ~e ~s issue is brouCt fo~ ~d ~e Ci~ Comssion ~ ~ the ~ed prope~ omers have, vote agMnst ~e propos~ ~ct. S~cerely . ] 72 Southeast 6th Avenue · Delray Beach, Florida 33483-5314, U.S.A. eL~3qv'' Tel~hone 407. 274.9696 · Fax 407. 274.0850 Junel°k, 1996 Mr. Jon Vauglm, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to hve in Delray Beach because of its charming village atmosphere and I want to i) preserve that character. Do not bow to the mistruths about historic preservation--it does -- not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. S~ncerel~ My address: //~j~ ~-~--~,,~1~'~-,~13 ¢-~o,~o-' ]~-ar~- ~c~,"~C ~3q/8'~ cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce ,l131q 19 1996 PLANNING & ZONING June }q, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-'/221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intraeoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Slnc~ My address: /OJ'~ cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayee JllN 1 9 1996 ) PLANNING & ZONING Mr, Jon Vauglm, Chaim~an . ItlN 1 9 and Members of the Board Historic Preservation Board City Hall PLANNING & ZONING 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-24.t-7221 Dear Chairman Vaugha and Members of the Board: I am writing in support of the establishment of the South Oe.,.an Boulevard Historic District along the cast side of A1 A, including all houses and lots from 501 through 701 South Ocear~ Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our his"retie structures in the beach and lrttracoastal neighborhoods. I chose to live in Dclray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistmths about historic preservation--it does. not take away rishts, but rather adds them. One important one is the right to control the '_...') character of your neighborhood. My address: Mayor ~ay Oity Manger Dav~ H~n H~orio Pr~s~fio~ PI~ Pat Cay~ JU~-1-19-96 I~E._E.~ 16-'25 '1' IERHAt4 40T 2T2 6691 F'. 01 Mr. Ion Vaughn, Chairman and Members of the Board JIJN 1 9 1990 Historic Preservation Board City Hall PLANNING & ZONING 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the eat side of AIA, including all houses and lots from 501 through 701 South Oee,xn Boulevard. I feel your vote on June 19 could turn the fide on demolitions of our historic structures in the be~ch and Intracoastal neighborhoods~ I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does i) not take away rights, but rather adds them. One important one is the right to control the -. character of your neighborhood. Sincerely~ ] My address; cc: Mayor lay Alperin and City Conurfission Members City Manager David Harden Historic Preservation ?bzner Pat Cayce 8A . Sun-Sentinel, Tuesday, June 18, 1996 Earl ~aucker, E~itor information provider in South Florida. Kingsley Guy. Editorial Page Editor EDITORIALS Give S. Ocean Boulevard district historic designation without delay Six hours before the Delray Beach abled Delray Beach to retain for future gen- ttistoric Prese~ation Board was erations some nostalgic memories of its origi- scheduled to meet last month, a bull- hal Old Flerida dmracter. dozer levelled one of the six ocean- This demonstrated concern ~or honoring i~ front houses the panel was consider- heritage was one o~several [actors that ing whether to save. helped Delray win the coveted designation as ,The pre-emptive strike by new property an All-American City in 1~3. owner Thomas Melone, a New York attorney. The remaining [our houses that would be demolished the graceful, two-story Snyder included in the South Ocean Boulevard tits- House at 601 South Ocean Boulevard, a 1937 torte District comprise the Nisbet House (a Resort Colonial-style home designed by Monterey Vernacular design built in 1934-38), noted Pahn Beach architect (;ustav Maas. the .Johnston l iouse {a 1938 French ltesort Melone, who paid $2.2 million for the prop- Colonial). the Riley llouse (a 1939 Besort erty earlier this year, plans to build a modern Colonial) and the Noyes llouse (a 1939 3,500-square-foot house on the site, which is Mediterranean Revival). situated adjacent to a large replica ora All the houses were built for wealthy faint- French chateau that is currently under con- lies. but. in keeping with the national mood : . s~uetion, in the latter years of Ihe Great Depression, iMelone's action enabled him to sidestep they were much less ostentatious than the the moratortum on development of the four palatial residences being erected 20 miles rdmaining properties in tl~e.:city's proposed north in l'ahn Beach. Some trace their lin- South Ocean Boulevard llistOric District that cage to architects Maas and Samuel Ogren, was imposed by the board on blay 3. whose names enjoyed the same cachet in Del- : The next act in this growing confrontation ray Beach as Addison Mizner's did in Pahn between the development rights of property Beach. owners and the community's desire to pre- According to the city's criteria for designa- se~e its past will occur Wednesday night, tion as a historic district, thc proposed prop- when the Ilistorie Prese~ation Board con- erties must: ducts a public hearing to assess support for I Exemplify the historical, political, cul- the proposed district, rural, economic or social trends of the eom- ' Issuance of permits to develop or change reunify in hisloD,. the target properties in any way is currently I I'ortray the environment in an era of his- being blocked until the City Commission can toD' characterized by one or more distinctive resolve the issue, architectural styles. Ilistorie prese~ation has been a lively con- · Embody the distinguishing characteris- cern of Dclray Beach residents for nearly 10 tics of an architectural style, period or years. Up until recently, property owners in method of eonslruclion. the current four historic districts tended to 1 Be a historic or outstanding work of a be very much in favor of their special desig- prominent architect. nation. The South Ocean Boulevard district quail- - Following the 1987 enactment ora model ties on all counts. The board should enthusi- preservation ordinance, the creation of the aslically recommend that the City Commis- Old School Square, Nassau Park, Del4da sion make its special status official as soon as l'ark and Marina historic districts has eh- possible. · ~ an. admirabl~I j ~'tax .:sa tnd sOme' resi'de~itial :distri~ bvatiOn,.and. Prop ,!.cOntra.ry :: 'Sinee~that':time, ~t this aistriet, one histo~e.house, ' "has beth moved ',~d ~o~he~:d?trOyed ju~t.six-:, development ~alue} espefiia[17 when it~s:a histOric ':hOUrs bsfore:.a~ hea: trig tna~ pul a' tree~e on. demOli-: ~: nei~bOrhood.~e~One~who reads ~is mUst.come tions.~ ~he:develOI er said the.h~Use ~as ?~t.big ~/o'wedn~Sda~,s~meetingand ask to:have.thiS dis~iet e. nqugh.f6~ hiS. cl{, at, bu~ how about a~!ng on?::,: fomed~ ~e~edeStrOyed.enou~Flo~da:.~,,.;.;:~; 06/18/96 16:40 '~407 832 7i74 PRESERVATION F0U ~002 I~_. 'j , ........ I ·--' .... "__ pR ESERV^TION~OU N [)A~iON 0 r P^ L ~ B E A C H r~,,~ lmm 18, 1996 ~r~. R~t ~ · ~,~.,.,:~,. Mr. Jon Vaug~, ~ai~ ~'"~" Delray B~ch Pres~ation Bo~d ~'"'~'"" Ci~ Hall v-~,,,,~, 100 NW Fimt Avenue ~. J~. ~. ~.,~.~ Delray Beach, FL 33444 ~r ~. Vaug~: ~,.~,,.n.,~.,..~r~,., On ~balf of ~e Prostration Fore, darien of Palm Beach, I would like'~ ~,,u~,,0a ,,,~o suppoa the e~blishment of ~e South Oce~ Boulevard Higoric Dis~ict, in view of Mr. ~ ~,r*. Etiw~n M ~nL~ ~,~,..,~w c,~ the ~ adv~mges available in Florida for q~liticd restoration projec~ and the more M, · Mrs. F. ~,.~*e, l)~x,m. J[ · ~.~,,.~.~ ~,~,, le~ent rebuilding regulations available to desi~ated pro~rties under FEMA · ~,.~s,,,~.~,~,~ we ho~ ~al yo~ bo~d will t~e note of the ~nefits of historic pre~rvatian now '~-.~"~.t'~' av~lable to bomc o~ers. Our o~ ~udy of propemy values has shem ~at" M~ L~na~ M ~.~,,~,,~.,,~ landm~k desi.g~tion c~ies no adverse ~nalty in terms of propc~y v~ues. ' Mrs. ?h ~lip I ~,~,,~,~.u,~ In closing, [ would like lo e~dorse ~e National T~ for Hi,eric · ~,,.c~,,,,.-,::~,~a Prescmation's lerner to you on ~is sublet. We too fed historic prosecution is a great ' Mt.~rs. t4kMd A Mdn~h ' M~(.). Ray ~ ~, u,~:~m~,.c ~,~b oL jye:nc~re~--, ~,o,~ s.~ Polly A~e E~I ~,~,~,.,. v~. Executive · .~,,.~,,~.~.w~,,~,,, JUN 1 8 1996 '~,.,.~,~.~,,,,,,0~;~..,,. ~ANNING & ZONING '~ J,~>~m ~, enclosure -.~,,.~,.,~.,~,~ ce: Mayor Jay Alperin and City Con~ission ,r,,.~.. Carolyn Paten, Presen'ation St~iety of Detray Beach Executive ©f~ices: 3 $ 5 South Covn~y Rood, Faire Bc~ch, Florida 16:41 '~'407 832 7174 PRESERVATION FOU ~¢~3 EDGAR W. MAXWF~LL HAND DEbIVERY ~4rs. Polly Earl p£eservati, on Foundation of Palm Beach Palm Beach, FL 33480 Dear Mrs. Earl: With referencc to our previous conversations, please be edvis~=d that I have made ~ study of %hose properties, which have :;old after being placed in L~ndm8rk Preservation Category, by the ']?own of Palm Beach, Flerida. As of June of 19C7, t;,e PublJ. c Records i;~dicated 26 sales of Landmark }~ropert ies, which have occurred a ~.'ter they wcre desJ. g~]ated: fot!r sold duri;~c~ 198], two during 1'383, four during 1983, six in 1984, ~.wo in 1~85 a~%d eight j~% 1986. In reviewin~ these properties, I found that none of gha 26 s~les, occurring after Landmark designation, indicated any diminution in valuc, nor any diminution in the incremen~ of increase in the market place, since their last sale prior to designation. As of the current date, there have been ten additional males of Landmark designated properties, bringing the totz%! number to 36. In reviewing these last ten sales, again, there was no indicated dim5nution in value from ~heir sale prices prior to designation, nor was there any indicatlo~% that their increment of increase in market value after designation was reduced or was less than that ~ccurred for similar undesj, gnated properties. which has 06/18/96 16:41 '~407 832 7174 PRESERVATION FOU F'II .................. -" ........ Polly Earl March 23, 1990 Page 2 My further review of all of theme transactions also indicated that many of them were extensively modernized and renovated after Landmark designation and after their most recent purchase. This of course, in some cases, indicated a greater increase in value.. between Landmark status and prior to designation in the indicated selling prices, where Landmark properties have sold more than once while under Landmark designation. The conclusion, which is obvious from this ~tudy, is that mere Landmarking designation of a given residential property in the Tow1% of Palm Beach does not d~trimemtally effect it's fair m&rk~t ~&lue. Trusting this information will be of assistance to you, glease be advised that ~ will continue to follow this data, in order that it can be currently rewJ. ewed from year to year. Very truly yours, Member, Professional Association of Real Estate Appraisers EWM/mak Enclosures 9015.EWM 06,/17/96 12~ 39 Mr, Ion Vaughn, Chairman and M~mbers ofth~ Board Historic Preservation Board City PL N lh & ZONI 100 Northwest First Avenue ,-~ .. D~lray Beach, Florida Via Fax: 561,243-7221 Dear Chairman Vaughn and M~nnimrs of thc Board: I am writing i~ support of the establishment ofthe South Ocean Boulevard Historic Dirtier along the east side of Al A, including all houa~s and lots from 501 through 701 South Ocemn Boulevard. I fe~l your vote on June 19 could turn the tick: on d~molitions of our historic stmctur~ in the beach and lntracoastal neighborhoods. -. I cho~e to live in Delray Beach because of'its charming village atmosphere and I want to / _~) preserve that charmer. Do not bow to the mistruths about historic preservation-it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, My addro~s: I~"o ~ ~0~ ~u'0 tm: Mayor Jay Aiperin and City Commission Mcnnbers City Manager David Harden I-Ii~toric Pr~llrvafion Planner Pat Cayc¢ Mr. Jon Vaughn, Chairman dUN 1 8 and Members of the Board Historic Preservation Board PLANNING & ZONING City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Dekay Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistmths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. My address' ../t [ ~ ~.~ .~,,. · tSd . cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce Mr. Jon Vaughn, Chairman and Members of the Board .ItJN 18 1~3'/e Historic Preservation Board City Hall PLANNING & ZONING' 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard ][~istoric District along the east side of A1A, including all houses and lots from 501 through 701 .. South Ocean Boulevard. I feel your vote on June 19 could mm the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmo~phere~nd I want .to preserve that character. Do not bow to the mistruths about historicl~resllr~,ation--it does not take away rights, but rather adds them. One important one is ~lt~ right to control the character of your neighborhood. ~ Sincerely, //~~ ~ My addre~. /~7 '-~ "~[J' 7g'~/("--' ~~ cc: Mayor Jay Alperin and City Commission Members ~ City Manager David Harden / Historic Preservation Planner Pat Cayce Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board Pt-ANNING ZONING City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Dekay Beach because of its charming village atmosphere and I want to ) preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sinc ely, My address: cc: Mayor Jay Alperin and City'Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce June ,1996 Mr. Jon Vaughn, Chairman and Members of the Board ANNtNG & ZONING Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Dekay Beach because of its charming village atmosphere and I wanlltgo preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, My address: cc: Mayor Jay Alperin and City Commission lVlffmbers City Manager David Harden Historic Preservation Planner Pat Cayce June , 1996 ~]Lgo~ ~., ~([}/ 31JN 18 1~o Mr. Jon Vaughn, Chairman and Members of the Board ~t_ANNJNG & ZONING Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members ofthe Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, My address: ~_ ~ cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce 17/96 12: 40 PO2 June , 1996 Mr./on Vaushn, Chnirman ~d Members of lhe Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dem- Chairman Vaughn and Members of thc Board; I am writing in support of the establishment of the ~outh O~ean Boulevard Historic Distri~ along the east side of A1A~ inc4uding all houses and lots from 501 through 701 South C)oean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and lntracoastal neighborhoods. I chose to l~ve in Beach because of its charming atmosphere and I want to Delray village preserve thst character. Do not bow to lhe mistmtbs about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control lbe chnracter of your neil~borhood. Sin~rely, My address: ~ ~ '~ ~' '~ '~ ~ ~ CC: Mayor Jay Alperin ~d CRy Co~ion Mem~ Ciw M~g~ Dasd ~n ~o~ ~e~ation PI~ Pat Cay~ 6-17-1996 8:BBPf4 FROI4 h' I TCHELL W ] GG I NS 1 9~4 282 67-~E'~ P I 3322 MONUMENT AVENUE RICHMOND, VIRGINIA 23221 (804) Mr. Jon Vaughn JUN 1 ? 1996 Chairman The Historic Preservation Board of Delray Beach I:~L~[~[~ [[~G & ZO~ City Hall 100 NW 1 st Avenue Delray Beach, Florida 33444 561~243-7221 Dear Mr. Vaughn: I wanted to write to you and your committee members as a tbrmer resident of Delray Beach who is greatly concerned by a course of development taken by the city. Having grown up in Delray from age three until g~adaating from college some nineteen years later, I have always taken gr~-~at pride in being from what many consider the only place on the "Gold Coast" where one can vacation or even live as graciously as they did during South 'Florida's golden years (of Flagler, Mizner and others). Whenever I tell people in Virginia where I am from and start to explain just where Delray is, they always seem to stop me and say, :'Oh, yes, what a wonderthl place! We always stay at the Seagate." or "Isn't it wonderful that Delray has been smart enough to preserve its uniqueness, and nor become another Boca Raton?" It fills me with pride when I open my subscription to the National Trust's award-winning magazine, and see the Old School Square project featured in its own "lead" article (September/October, 1995 issue, p.36ff). However, it saddens and disheartens me when ! look south of the Seagate and see what is going up under the guise of savvy, residential archilecture. I urge you and your committee to immediately place this area in an historic prostration district. Having grown up in a house designed by the renowned Samuel Ogxen, and having chosen to now live on one of this country's most famous historic streets, conservation and preservation obviously mean a great deal to me. ! think you will find that people are drawn to areas with specific rules and regulations for outward appearance, as these guidelines provide a comfort level not found in an open market (i.e., your neighborhood maintains its specific look and tenor). Attached are the guidelines we follow here on Monument Avenue: and in other of Richmond's historic districts. I am working with the man in charge of this commiUee at the present time, and find it fascinating that, out of over 120 projects submitted in a year's time, only four (4) were turned down and 6- 'I 7- I DD6 B: .56Pi~"~ FROI,1 i~' I TCHEL~- '¢~ ! GG [ hl:S 5E~zl 67~E~ P appealed. (And the committcc was able to show applicams alternate, appropriate materials and desitms, etc. to make their ideas work or adapt!) Florida, like V~rginia, has a wonderful Division of Historic Resources, I sincerely hope that, with its help, as well as that of ~oups like the National Trust for Historic Preservation, and, of cour,e, the marvelous citizens of Dekay Beach, you will be able to maintain the high standards we have always expected from our fair city. Thank you yew much for your time and atlention. Sincerely, Elizabeth S. Forman cnclosure E 'd 00/9 C8C 1~08 [ SI',IIDOI~ m,-]BHO/IN ~0~-~ ~d95:8 9~l-£L-9 ELK. BANKIER. PALMER & CHRISTU .... ~ , ?~..,~i~ M. ADAM BANKIER. P.A. SANCTUARY CENTRE · SUITE 105E BY APPOINTMENT: ERIC C. CHRISTU. P.A. 4800 NORTH FEDERAL HIGHWAY PHILLIPS POINT SCO~-F A. ELK. P.A. BOCA RATON. FLORIDA 33431 8TH FLOOR WEST TOWER ADAM D. PALMER. P.A. (407) 368-8800 777 SOUTH FLAGLER DRIVE of COUNSEL: (407) 394-3733 WEST PALM BEACH. FL 33401 FACSIMILE (407) 394-3699 ROBERT M. PALMER PALM BEACH: {407) 820-9466 LAWRENCE S. SCHWARTZ* BROWARD: {954) 776-1006 · , ............. ,E, o.L, June 14, 1996 {coo) 995-0200 VIA HAND DELIVERY Mr. John Vaughan, Chairman Ms. Debora Turner Historic Preservation Board, Historic Preservation Board, City of Delray Beach City of Delray Beach 917 N.E. 8th Avenue 277 S.E. 5th Avenue Delray Beach, FL 33483 Delray Beach, FL 33483 Ms. Julie Morgan, Vice Chairman Ms. Susan Hurlburt Historic Preservation Board, Historic Preservation Board, City of Delray Beach City of Delray Beach 450 N. Swinton Avenue 1230 Vista Del Mar Drive Delray Beach, FL 33444 Delray Beach, FL 33483 Mr. John Johnson, Second Vice Chairman Ms. Pat Healy-Golembe Historic Preservation Board, Historic Preservation Board, City of Delray Beach City of Delray Beach 20 N. Swinton Avenue 2000 S. Ocean Boulevard · Delray Beach, FL 33447 Delray Beach, FL 33483 Ms. Vera Farrington Ms. Diane Dominguez Historic Preservation Board, 100 N.W. 1st Avenue City of Delray Beach Delray Beach, FL 33483 310 N.W. 2nd Avenue Delray Beach, FL 33444 RE: OPPOSITION OF SOUTH OCEAN BOULEVARD HISTORIC DISTRICT Dear Ladies and Gentlemen: The undersigned represents the interests of Frank E. McKinney, III, owner of property located at 611 South Ocean Boulevard and Thomas M. Melone, Trustee, the owner of property located at 601 South Ocean Boulevard. On behalf of my clients, the undersigned is strongly opposed to the establishment of an historic district as proposed under the South Ocean Boulevard Historic District. The proposed South Ocean Boulevard Historic District (hereinafter the "Proposed District") has been arbitrarily defined to include six (6) properties commencing from the north at 501 South Ocean Boulevard and including 511 South Ocean Boulevard, 521 South Ocean Boulevard, 601 South Ocean Boulevard, 611 South Ocean Boulevard and 701 South Ocean Boulevard. There is no standard or criteria for why these six (6) homes were singled out and why numerous other ,~:~~ properties extending south of these six (6) properties were not also included. Furthermore, along this stretch of Delray Beach are some homes which have not been renovated, and other homes which 'Historic Preservation Board, City of Delray Beach June 14, 1996 Page 2 have been demolished in whole with modern new luxury homes constructed thereon, or which have been renovated and modernized by piecemeal additions. I oppose the Proposed District based upon its lack of a rational criteria associated and restricted arbitrarily these six (6) specific properties. The home located at 501 South Ocean Boulevard has been renovated on the interior and portions of the exterior and is not consistent with historical specifications, notwithstanding that some original exterior aspects of the home have been retained. Further, the homes located at 601 South Ocean Boulevard and 611 South Ocean Boulevard which were previously set forth in the Proposed District have been demolished and new luxury, chateau style homes shall be constructed thereon. Accordingly, out of the six (6) homes within the Proposed District, two (2) shall have no historic significance whatsoever, and one ( 1 ) shall not retain original historic character due to renovations at portions of the interior. The lack of specific historical significance directly conflicts with the classification for designation of architectural and cultural significance. The application of the City of Delray Beach criteria for designation is not correlated to a majority of the properties within the Proposed District. Due to either demolition or renovation in part, there is no direct correlation between the required historic guideline in three (3) of these properties. Although it has not been verified, I have been informed that there have been significant additions and renovations to the remaining three (3) properties, which may also severely question their historical significance. There have been no factual confirmations of factors which may diminish the necessary criteria set for establishing a designation of these six (6) properties. The application of the criteria has been vaguely verified. Further, the establishment of the Proposed District could significantly impair and impede the property owners' rights and adversely effect the properties to such an extent as to require government compensation under the following criteria set forth in Bert J. Harris, Jr., Private Property Rights Protection Act. Specifically, the following factors would weigh heavily in determining whether the establishment of the Proposed District would adversely affect the property to such an extent as to rise to the point of a taking requiring compensation to the property owners: 1.0 Economic impact of this regulation would be so severe upon the property owners that it could deprive them of the sole reason and value for the purchase of the 'Historic Preservation Board, City of Delray Beach June 14, 1996 Page 3 property. It is well known that these six (6) properties, in addition to the properties extending further south from these six (6) properties, as ocean front properties, are amongst the most valuable property in South Florida. The value of these properties could be as significant as 3 to 7 times the value as they would be in the event that had to retain the present arguably historic structures. Further, the diminishment in value could place mortgages encumbering these properties in default; 2.0 Many property owners along Delray Beach purchased their properties with the expectation that the properties can be redeveloped, thereby increasing the value many times. The Proposed District would in effect regulate the property owners so as to deprive them of their investment backed expectations; 3.0 The public benefit which would be derived by encumbering these six (6) properties with the Proposed District is questionable. Of these six (6) properties, two (2) have been razed for construction of chateau style, luxury homes. One (1) property has been renovated in the interior to modern, present day specifications and several of the other properties may have additions which alter and detract from any suspected historic value. The properties are private properties which are not open to the public for viewing of any sort, are not readily visible from South Ocean Boulevard, and the public benefit derived from the Proposed District may be nonexistent. Further, the harm to the property owners is extensive based upon the great decrease in property value in addition to the severe restrictions which would be placed on the property owner for future construction on these properties; 4.0 The Proposed District has been arbitrarily and capriciously set for the six (6) properties. No reason, criteria or other rationale has been proposed for singling out these six (6) properties on the beach for the Proposed District. The division line for these properties has been arbitrarily and capriciously applied; and 5.0 The history of the properties, for reason mentioned hereinabove has not been adequately confirmed. Historic Preservation Board, City of Delray Beach June 14, 1996 Page 4 Due to the fact that we feel the property owners' rights have been violated based upon the above referenced factors, the same may rise to the point of being a taking of the property owners' rights for which we shall pursue compensation from the City in the amount of the damages for the highest and best use of these properties. The historical, cultural, archaeological, and aesthetic heritage of these six (6) properties, at this time, are neither consistent, nor are they completely verifiable. The applicability of this Proposed District to six (6) properties where no less than one-third (1/3) of the properties shall be modern luxury homes is inconsistent in its application and accordingly, can only vaguely be applied to these six (6) properties. In many areas, historic preservation districts are designed to prevent further public harm by restoring blighted areas. The Proposed District encompasses neither blighted properties nor property in need of regulation from an historic standpoint to help improve the area. Beach front development has traditionally been a significant investment for homes of extensive value. The enactment of the Proposed District would severely diminish the property values and have a severe detrimental economic impact, not only on the Proposed District, but on those properties extending to the south of the Proposed District. My client, Thomas M. Melone, Trustee, has been severely economically damaged due to his inability to obtain a building permit for his home. The pursuance of the Proposed District has frozen his ability to obtain permits, and accordingly, in the event the Proposed District is further pursued to City Commission level, Mr. Melone may seek all damages which he has incurred due to the delay and potential property loss. I have been informed and it has been confirmed independently, that all six (6) property owners located within the Proposed District oppose the establishment of the Proposed District. The public benefit, which is vague and questionable, is severely overshadowed by the regulatory taking, both economically and, as deprivation of right of the property owners beneficial use of their properties. All Property Owners purchase property with a view to having the right to pursue their home or business interests in a manner reasonably allowed by law. To deprive these owners of their economic and beneficial rights of property ownership, which is opposed by all property owners within the Proposed District, would be legally intolerable and actionable. Please consider the foregoing factors in your determination and hopeful conclusion not to pursue this Proposed District any Historic Preservation Board, City of Delray Beach June 13, 1996 Page 5 further. This matter has come before your Board on several other occasions and has been strongly opposed and dropped. I hereby request you to consider a final determination to prohibit this Proposed District. Thank you for your anticipated courtesy and cooperation with regard to this matter. Should you have any questions with respect to the foregoing, please do not hesitate to contact me. Sincerely, ELK, BANK~ & PALMER tsCOTT A. ELK, P.A. cc: Frank E. McKinney, III Thomas M. Melone Mayor Jay Alperin David E. Randolph, Sr. Kenneth Ellingsworth Kevin Egan Karen Kiselewski Susan Ruby, Esq. Pat Cacey David Harden, City Manager sae\jvh\client\venture\historic, ltr T~r)rr~as IF. Fle~nln~, 215 Northeast First Avenue ")" Oelray Beach, Florida 3~444-37~4 Phone: ~ax: June 13, 1996 Jon Vaughn, Chair, and Members of the Delray Beach Historic Prese~,ation Boa~xl 100 NW 1'~' Ave. Delray Beach, FL Via Facsimile Transmission to 11561) 243-7221 Dear Mr. Vaughn and Members of the Board: This letter is written in connection with the proposed South Ocean Boulevard Historic District. Firstly. because of my position as Program Manager of Pineapple Grove Main Street, Inc. (PGMS), I should make clear that this letter is my personal expression and does not necessarily reflect the position of PGMS, its Board of Directors or members. Nonetheless, it is my involvement, by virtue of my Main Street affiliation, with historic preservation and its positive influence on community revitalization that prompts this correspondence. For the past few years, many of us in the Main Street orgmfization have been privileged to learn quite a bit about the economic impact of historic preservation. I know from studies of materials published by the National Trust for Historic Preservation (the "parent" of the National Main Street Center), attendance at two National Town Meetings on Main Street, and continual networking with representatives of other Main Street communities nationwide that thoughlfully crafted historic preservation practices contribute considerably to the economic vitality of the community. The recently completed Market Analysis Development RecomrnendationsforDelray Beach say's "We are discovering that 'history sells;' tourists and visitors to Florida are hungry to taste historic sites and events .... Visitors to historic sites stay an average of one-half day longer and spend an average of $62 more than travelers who do not visit histori: sites." Beyond the general benefits to the community, we have every reason to conclude from our own experience locally that preservation districts considerably benefit the district properlies and (by obvious extension) the properties' ox, mem. Unless the owner's intent is to alter the property's historic character, or simply replace it with something not in keeping with the district's historic character, the historic district actually protects and enhances the value of the property, rather than diminishing it. By the way, I speak here from personal experience, having purchased, rehabbed and recently moved into one of the Banker's Row cottages. The protections afforded the district by OSSHAD played no small role in my decision to invest--and I am but one of dozens, if not hundreds, of such examples locally. Having read the correspondence of several affected South Ocean Boulevard property owners, I am well aware of their expressed concerns. At the same time, I see the historic preservation district as precisely the vehicle they seek in satisfaction of their concerns. Perhaps they simply labor under the same type of misunderstandings commonly associated with the introduction of historic preservation districts in neighborhoods throughout the country. If so, the Historic Preservation Board has before it the enviable opportunity to serve not only as preservationists, but also as educators. In all events, I would fervently hope that the Board will give its most thoughtful consideration to the matter, and communicate openly, directly and in depth with the affected owners, before electing to lbrgo this precious opportunity to extend the benefits of historic district designation to another Delray Beach neighborhood. Very truly yours, Thomas F. Fleming, 1II ~ ,JU~i 1 4 1996 JUt4-14-96 FRI 09:2~_. F'~'I P.02 Mr. Ion Yaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of tho Board: I am writing in support &the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because ofils charming village atmosphere and ! want to preserve that character. Do not bow to the mistruths about historic preservation-it does · i} not take away rights, but rather adds them. One important one is the right to control tb~ character of your neighborhood. SinT/~lY, cc: Mayor Jay Alperin a~d City Commission Members City Manager David Harden Historb Procreation Planer Pat Cayce FI[.ANNING & ZONING our historic structures in the beach and lntracoastal neishborhoods. I chose to live in Deltay Beach because of its chamfing village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away tights, but rather adds them. One important one is the right to control the character of your neighborhood. cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce JUN 14 1996 PLANNING & ZONING Mr. Jon Vaughn, Chairman ,l~t~l 14 and Members of the Board Historic Preservation Board PI_ANN lNG & City Hail 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District aiong the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intra¢oastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. ce: Mayor Jay Alpefin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayee June/f, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce JIJN 1 4 19% PLANNING & ZONING June 13, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. wor I chose t0)i~ in Delray Beach because of its charming village atmosphere and I want to preserve ihat character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. My/~address: ~ /U ~:~ q6Q'-~-e~ cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce JUN 14 19su PI_ANNING & ZONING June ,1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Dekay Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could mm the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistmths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. My address: ~.~:~d-~/ -"-', cc: Mayor Jay Alperin and CiW Comssion Members CiW Manager Dasd H~den ~ofic Prese~ation Plier Pat Cayce JUN 14 ~ANNING & ZONING ) June 1_~, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City i-iall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away fights, but rather adds them. One important one is the right to control the character of your neighborhood. _ My address: ~)~(~} l/] cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce OUIq 14 I~o PLANNING & ZONING June ,1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Dekay Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely,(~~~ ~ MY address: (~t~~~~ ~~ o ~,,~. ~' City Manager David Harden Historic Preservation Planner Pat Cayce JUN 14 I~ PLANNING & ZONING .JU~,-1-14-96 FRI 0_9:35 pr.1 June t~ 1996 Mr. Ion Vaughn, Chairman and Members of the Board Historic P~eservation Board City Hall 100 Northwest First Avmue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am vaiting in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 Somh Ocean Boulevard. 1 feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and lntr~oastal neighborhoods. I chose to live in Delray Beach because of its charm/~g village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away dgh~s, but rather adds them. One important one is the right to control the · ) character of your neighborhood. My a"ddress: (?g ~ % cO, ox` Mayor Jay ~pefin and Ci~ 0om~s~on Momars Ci~ M~er David H~den ~stofic ~e~ation PI~ Pat Cayce JUN 14 19vo PLANNING & ZONING ..TUH-14-gG FRI 09:~. PM P.02 . Mx. Jori Vaugtm, Chairman and Members of the Boaxd Historic Preservation Board City 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of AlA, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on lune 19 could turn the tide oD demolitions of our historic structures in the beach and Intra¢oaslal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation-it does not take away rights, but rather adds them. One important one is thc right to control the characte~ of your neighborhood. Sin/cex/~ly, cc: Mayor Jay ~peri~ ~d City Com~ssion Mem~ City Manager Dasd H~den ~tofic P~esemation PI~ Pat Cay~ JUN 14 1~;; PLANNING & ZONING JUN 14 1996 THE PRESERVATION SOCIETY OF DELRAY BEACH PLANNING & ZONING June 14, 1996 To: The Historic Preservation Board of Delray Beach From: The Preservation Society of Delray Beach We support the formation of the South Ocean Boulevard Historic District and urge the Board to rule favorably on its designation, because: 1)It meets the designation criteria as outlined in in the City ordinance on districts, in both architectural and cultural significance. The borders of the District are around the remaining group of preWofld War II resort homes, all built in the same era, all in the same geographic area. 2) Claims of property rights infringement by homeowners are unfounded as the historic district will not alter building or zoning codes. 3)Property values, in all studies known to us, show a dramatic rise in historic districts (3 studies attached). 4) Our loss of further historic structures in this area will forever negatively impact not only preservation in this region, but the character of our town. It is evident fi.om their letters that the homeowners, although believers in historic preservation, do not support this effort because of myths that have been fostered about historic districting. We feel this is tragic, and is a primary reason we have founded our organization--to sponsor education on the benefits of historic preservation. In the meantime, we must stay our course on districting to explode those myths and save Florida's heritage in the process. Sincerely, /,~/3 // cc: Mayor Jay Alperin and City Commissioners, City Manager David Harden June I~, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistmths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. My addrgss: ,/a ~ <~~~-. /~)~ .~k~5 ~'. cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce JUi~ 13 1996 .) I::~LANNING & ZONING June/J, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could mm the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away fights, but rather adds them. One important one is the right to control the character of your neighborhood. My addre~s:~/~xt' o. ce: Mayor Jay Alpefi~,,Ind City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce JUN 15 19~o PLANNING & ZONING .) June i~, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistmths about historic preservation-it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, ,-? ~ . My address: ~:gY)V k:4~../c4~ '~['~ cc: Mayor Jay ~pe~ ~d Ci~ Co~ssion Members Ci~ M~ager Dasd H~den ~stofic Prese~ation Pl~er Pat Cayce JUN 13 1996 I~LLkNNING & ZONING June l$, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right' to control the character of your neighborhood. cc: Mayor Jay Alpedn and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce JUN 1 PLANNING & ZONING June .~, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to.the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sinc~erely, , Myaddress: ~ ~fid) /t/_~, cc: Mayor Jay ~pe~ ~d Ci~ Co~ssion Members Ci~ M~ger Dahd H~den ~stofic Prese~afion Plier Pat Cayce JUN 18 lal..ANNING & ZONING June / g 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots fi.om 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Dekay Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation-it does not take away rights, but rather adds them. One important one is the fight to control the character of your neighborhood. Sincerely, cc: Mayor Jay Mpem ~d CiW Co~ssion Members Ciw M~ager Dasd H~den ~stofic Prese~ation Pl~er Pat Cayce JUN 13 '~:,o PLANNING & ZONING June I~, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Dekay Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could mm the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Dekay Beach because of its charming village atmosphere and I want to preserve that character. Do not bowto the mistmths about historic preservation-it does not take away fights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely,/~~ Myaddress: /~4~)/)/~)~g~/~/ ~4/~' /~ ~/ /~ ~ ~ /Y~7~ cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce JUN 13 1~: PLANNING & ZONING June ~ $, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce JUN 15 1996 pt. ANNIN~ & ZONIbt~ June/e, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First' Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could mm the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation-it does not take away fights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, My address: I/ol~ ~_~¢r/ cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce JUN 13 F[ANNING & ZONING June ,1996 and Members of the Board Historic Preservation Board ~JUN 1 4 1996 - City Hall 100 Northwest First Avenue PIa~NNING & ZO~ Delray Beach, Florida Via Fax: 561-243-7221 Dear 13hairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. June/q 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 PLANNING & ZONING Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. Sincerely, MY address: / ~7 c~{7 cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce June ~, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City I an 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could mm the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistmths about historic preservation-it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce JUN 1 3 PLANNING & ZONING June l~, 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistruths about historic preservation--it does not take away rights, but rather adds them. One important one 'is the right to control the character of your neighborhood. cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce JUN I$ 1~*:, pLANNING & ZONING June/~ 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board - City Hall 100 Northwest First Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could mm the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Dekay Beach because of its charming village atmosphere and I want to preserve that character. Do not bow to the mistmths about historic preservation-it does not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. My address: cc: Mayor Jay Alperin and City Commission Members City Manager David Harden Historic Preservation Planner Pat Cayce JUN 18 1996 ,Pt.. ANNtNG & ZONING June/~., 1996 Mr. Jon Vaughn, Chairman and Members of the Board Historic Preservation Board City i all 100 Northwest First'Avenue Delray Beach, Florida Via Fax: 561-243-7221 Dear Chairman Vaughn and Members of the Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District along the east side of A1A, including all houses and lots from 501 through 701 South Ocean Boulevard. I feel your vote on June 19 could turn the tide on demolitions of our historic structures in the beach and Intracoastal neighborhoods. I chose to live in Delray Beach because of its charming village atmosphere and I want to · "~ preserve that character. Do not bow to the mistruths about historic preservation--it does -~"' not take away rights, but rather adds them. One important one is the right to control the character of your neighborhood. ~oo ~'rnn~si~o~h~e2bers City Manager David Harden Historic Preservation Planner Pat Cayce JUN 18 19% PLANNING & ZONING June 13, 1996 Ms. Patricia Casey Chair - Historic Board City of Delray Beach Dear Ms. Casey, I would like to take this opportunity to communicate my support of the Historic District proposed for South Ocean Blvd. in Delray Beach. I believe that the presence~of an historic area adds value to the properties within the designation. I further believe the increased value is contagious and spreads and is not limited to the identified areas. There are other more qualitative arguments that I'm sure you are more than aware of .... so I'll stick with the numbers. Once individuals become aware of the value of existing structures they might not be so quick to knock them down. Sincerely, y JUN 18~ PLANNING & ZONING 3200 North Military Trail · Potomac Trail Building · Third Floor · Boca Raton, FL 33431 ° (407) 998-7000 PRISCILLA BLAIR ADAMS 86 MacFariane Drive, # 10E Delray Beach, Florida 33483 June 12, ~1996 Mr. Jori Vaughn Historic Preservation Board 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Chairman Vaughn, I support the proposed Historic District on South Ocean Boulevard. I also encourage the City of Delray to consider other Historic District east of the waterway, perhaps also search for ways to ensure that new architecture will be in keeping with the character of the town and more appropriate than what we have being built here recently. Sincerely, Priscilla Blair Adams cc: Mayor & Commissioners Preservation Board City Manager '~N 18 1996 · ,~ PLANNING & ZONING Mrs. Allen D. Steele 817N. W. 2nd Avenue Delray Beach, FL 33444 June 12, 1996 Mr. Jon Vaughn 100 3[. W. lst Averme Delray Beach, FL 33444 Dear Mr. Vaughn: Thirty-four years ago we made the decision to Bve in Delray Beach. We were fortunate to find a Samuel Ogren Sr. 's house to buy. We count our blessings for making the choice. The house is so well constructed and beautifully detailed, it wouM be difficult to replace. It is very disheartening to see similar houses along A IA torn down or threatened with removal. Delray with its image of "Village by the Sea" is being plagued with inappropriate architecture by developers interested in making a quick profit, regardless of the harm done to the overall image of the city. Delray has always had a cohesive design structure that reflects beauty, simplicity and character of old Florida. Would it not be a shame and set-back for the people who have worked so hard to keep Delray as it shouM be to allow our oceanfront homes to be destroyed and replaced with pseudo mansions of poor design. Thank you for your time and attention to this matter. Sincerely, Mrs. Allen Steele cc: Mayor and Commisioners PreservationBoardcity Manager ~~,~1~~ ,IUN 15 1996 PLANNING & ZONING 06/13,/1~96 08:59 4073672704 HI-C. TDRY DE~T ~A,:~E O1 O FLORIDA ATLANTIC UNIVERSITY 777 ~L~OE~ I~OAO I~.0. 80X 309~ THE S~MIDT ~LLE~ OF ARTS AND HUMANITI~ DEPARTMENT OF HISTORY (4o~ ~-~o FAX~ (~ ~7-2704 13 June 1996 Jon Vaughn, Chairman Historic Preservation Board City of De[ray Beach City Hall 100 Northwest First Avenue Delray Beach, Florida 33444 Dear Mr. Vaughn: The South Ocean Boulevard Historic District should have the support of all those who value the heritage of Florida and particularly that of Delray Beach. The district makes sense geographically, historically, and architecturally. These houses were constructed in an era when taste and decorum still were the watchwords for Delray Beach. Ostentatiousness was for Palm Beach. These houses are an unique reminder of this earlier time and should be preserved. At the same time, I think everyone recognizes that as times change, so does the type of house that is considered suitable for such prime oceanfront locations. I would hope that the owners have been made aware that the designation of an historic district does not freeze a house in time. Certainly, changes can be made to historic properties. Again, I sincerely support the designation of the South Ocean Boulevard Historic District. Yours truly, DONALD W. CURL, JUN 13 19% Professor and Chair PLANNING & ZONING Boca Raton * Fort Lou0erdale · Davie · Palm Beach Gardens · Port St. Lucia A Member of the State University System of Florid~ ,An AffJrrr~tive Action/Equal Ol~l~ortunity Itl$Iitution TEL: ~un 15 :3E 0:58 N3.005 P.32 JLI~ 181~6 FLORIDA DEPARTMEN.~ OF STATE Sandra 13. Mortham Secretary of State. DIVISION OF HISTORICAL RESOURCES R.A. Gray ff, uilding 500 ~uth Bronough Street Tallahas.see, Florida 32399-0250 Dirccmr'.s Office Telecopier Number (FAX) (904) 488-1480 ' (904) 488-3353 June 12, 1996 Mr. Jon Vaughn, Chairman De|ray B~ch l-lJstorio Preservation Board City Hall 100 Northwest First Avenue Delray Beach, Florida 33444 Dear Mr. Vaughn: I am writing in support of designation ofthe historic properties within the proposed South Oc~an Boulevard Historic District in Deiray Beach. From the documentation we have received, this small group of properties appears to mec~ at least two of the ~teria for historic designation outlined in your city's histori~ preservation ordinance. These distinctive oceanfTont residences are associated with an important period in th~ historical dev¢lopmem of Delray Beach, an intense time of residential development that occurred during 'the decade immediately preceding World War II. Originally constructed as winter homes for their weatlthy owners, several of these residences were designed by locally prominent architects, including Oustav Maass and Samuel Ogren. The restrained Resort Colonial and Mediterranean Revival designs of thcs~ buildings illustrate that the influence of the Oreai Depression extended even to thc sensibilities of the upper class_ The recent demolition of' another of these historic residences gives testimony to the threat they face. Historic oceanfront homes in Florida are being lost at an alarming rate, making such resources rarer and rarer commodities. It is important that the signiticance of these properties be ree, ognized and be afforded the protection of your loc, al ordinance. The historic preservation ordinance enacted by Delray Beach and certified by our office in 1988 provides the strongest protection possible for the historic resources in your commu:fity. Whether as a historic district or as individual landmark properties, we Archaeological Research Florida Falklifc Programs l-li.~tnric Preservation Museum of Florida History, (9fl4) 487-2290 fi/D41 ?,~'~ 7 -?192 (t)D4) d 8.'2- 2333 (9(14) ,'] gS- 1484 )L~.r, 13 '3~ 0:58 I'.lo.O03 P.03 Mr. ~on Vaughn Sune 12, 1996 Page Two encourage your preservation board to pursue designation of'the historic properties in the proposed South Ocean Boulevard Historic District. We appreciate having an opportunity to comment on the proposed historic designation. Should you have any questions regarding our comments, please contact Michael Zinmy of my staffat (904) 487-2333. Thank you for your efforts in support of historic preservation in Delray Beach. Sincerely, Division ofI-Iistorioal Kesources and State Historic Preservation Mayor Jay Alpcrin and City Commission Carolyn Patton, Preservation Society of Delray Beach FRCIt'I : Dina. sonic ANS/~-~:"z. PHONE NO. : ~.~r,. 13 1996 07:43AN P?I 1996 PLANNING & ZONING GEORGIA R. DE HAVENON 40 E^,ST 88TH SI'RFET · NEW YORK, NEW YORK 10128 · TELEPHONE/FAX: (212) 722-2280 Boca Raton Historical Society, Inc. June 10, 1996 Chairman Mr. Jori Vaughrl and Mcmbcrs of the Historic Preservation Board City Hall 100 Northwest First Avenue Dehay Beach, FL 33444 Dear Preservationist, I am writing in support of the establishment of The South Ocean Boulevard District, including all houses and lots from 501 through 701 South Ocean Boulevard, on the east side of Al A only. I believe the establishment of this district will be a lunfing point i~ saving ou~' important historic neighborhoods. Sincerely, Kristen Hamre Director CC: Mayor Jay Alpem City Manager, David Harden The Delray Beach City Commission dUN ! ! 1996 PLANNING & ZONING Town HaH * 71 North Federal Highway Boca Raton, Florida · 33432-3919 Tel. 407-395-6766 · Fax 407-395-4049 MIAMI DESIGN PRESERVATION LEAGUE June 11, 1996 Mr. Jon Vaughn, Chairman~ Delray Beach Preservatio~ Board City Hall 100 NW First Avenue Delray Beach, FL 33444 Dear Mr. Vaughn: ' I am writing to voice the support of the Miami Design Preservation League for the establishment of the South Ocean Boulevard Historic District. The establishmeDt of this district would help preserve a vital part of Delray Beac~..'s important history. The history of northern financiers and industrialists developing southern Florida is readily evident in the South Ocean Boulevard Historic District amd sho~id be preserved as one important aspect of the city and region's history. The Miami Desiqn Pr..ese~vation Leaqq~ (MDPL) is a non-profit organization devoted to ~reserving, protecting and promoting the cultural, social, economic, environmental and architectural integrity of the Miami l Beach Architectural District. It was organized in 1976 and is ,the oldest Art Deco society in the world. Delray Beach and more tham 2000 communities nationwide have proven the success and vlabili~y of historic district designation and review. The MDPL support~ the establishment of the South ocean Boulevard Historic District and we offer our support to the city and individual property owners. The Miami Design Preservation League seeks to work in local communities to explode m~hs about historic preservation and prove the enormous beneflts reaped when people work together to protect their heritage. We look f.orward to working with the city of Delray Beach to further their historic preservation goals. Please feel free to call me if I can be of any help. r n and city Commission carolyn Patton, Preservation Society of Delray Beach ) TOTAL P. ol Venture Concepts International, Incorporated June 6,1996 ii-'~~ Mayor Jay Aplerin i~/;~ i~ .... Ke~eth Elfingswonh, Ke~n Eg~, Karen Kiselews~ { ¢ j-~)~~/ ~stofic Presemafion Bo~d Members ~~ Jo~ M. Vau~ Ch~m~ Debora Turner Oster, Pm He~y-Golembe Sus~ Hurlbu~, Jo~ P. Jonson, Vera R. F~n~on, Iulie Morg~ Pat Cayce, Diane Dominguez, Lula Butler, David Harden, Susan Ruby City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mayor, Commissioners, Board Members, & Staff, Let this letter serve as my formal objection to the Historic Preservation Board ih making a recommendation to the City Commission to establish a six property historic district on South Ocean Boulevard as well as my objection to the City Commission in the adoption of such a policy should it come before the Commission. For the record I own one of the six properties, 6tt South Ocean Boulevard, in the proposed district and one, 1171, outside the proposed district. I as well as others that are opposed respectfully request that you consider the following facts: 1) Ail six property owners in the proposed district have gone on record by way of letter or signed petition (see enclosed) saying they are ADAMANTLY OPPOSED TO ITS FORMATION. This proposed legislation leaves all six owners strongly opposed for a myriad of reasons ranging from the taking/restricting of private property rights thru the direct placemem of an "inordinate burden" that would cause for a significant loss in value (please refer to the Harris Act enclosed) to questionable historic significance (only four of the six lots have houses on them, each of which would have a hard time quali~ g as~dstoric) to simple unnecessary, intrusive and damaging government intervention with peoples private property and lives. 2) Sixteen of the eighteen oceanfront property owners adjacent to the proposed district are on record opposing its formation. Two signatures have not been obtained are due to the owners being out of the country. This resistance is a direct result of two very real factors. First, in the event an owner outside the district were to sell their oceanfront home the general perception from the buying public may be that of apprehension. 72 Southeast 6th Avenue ° Delray Beach, Florida 33483-5314, U.S.A. Telephone 407. 274.9696 ° Fax 407. 274.0850 A particular buyer who is contemplating spending milliOns of dollars to purchase a home or land may have cause to become leery due to the lingering possibility of their home/land someday being restricted. In the higher end real estate market this fear would be quantifiable and would significantly devalue those owner's properties outside the proposed district. Second, attempts have been made in the past to include all properties along South Ocean Boulevard in a historic district. Regardless of the assurances given to those owners outside the proposed district by the individuals supporting this legislation it is the general consensus that those individuals can not be trusted and, based upon past efforts, may attempt to include additional properties in the future. 3) All supporters of the district DO NOT own property or live in the proposed district. Simply put, if those who wish to preserve these properties wish to do so they may purchase them t~om the owners and do what they wish. 4) I personally believe this to be much more of a zoning issue, rather that a attempt at preservation. Our city has a very strict and precise set of Land Development Regulations that are in place to address any zoning concern. Attempts should not be made, under the guise of "Historic Preservation" to circumvent regulations that are more than adequate. 5) If an individual wishes to designate their property historic there are voluntary means such as deed restrictions or individual designation that could accomplish preservation without force. 'In closing, the manner in which this effort was brought forth was done so with such secrecy and expediency that it caused a very unnecessary and unfortunate event to occur, the demolition of a beautiful home at 601 South Ocean Boulevard. For the record, plans were well along and much time had been spent to carefully relocate this home to a more viable location. The "Preservation by Ambush" tactics implemented by the individuals who have been behind this effort as well as the Preservation Board resulted in the City loosing a very beautiful home. We can learn from this tragedy. As Commissioners, Board Members and Staff, open and honest communication with ALL affected parties from the outset with regards to issues that will initiate change will cause for less resistance and more joint cooperation. This and other approaches that make an effort to involve the entire community in the planning and decision making process are what caused Dekay Beach to win so many prestigious awards and become such a wonderful place to live and work. I, nor those on record whom strenuously oppose the proposed district feel the Preservation Board should make a recommendation to the Commission for the creation of the same. With 100% opposition by the six property owners, as well as the additional opposition, I respectfully request that June 19th be that last time this issue is brought up and that the Historic Preservation Board not recommend to the City Commission for consideration this proposed district. Sincerely, /~)/('X · Kinn~ 171 South Ocean Boulevard enclosures 40? 245 7221 05/14/1B96 00:2~ 407-243-7221 CITY OF DELRAY PAGE Bi ~ Po~Wt' brand f~ tr~smi~al memo 7671 ~,of ~ ~ .Z. Worrell Enterprise% Inc. May 9, 1996 C~imm. HistOric ~reservaeton Board 100 N.W. 1st Avenue Delray Beach, FL 33444 VIA CERTZFIEDM~IL Dear Ms. Cayce= I have been out of the countmy f~r almost two weeks. I returned last night. At tha~ time, I reviewed the notice of a scheduled meeting of the Historic Preservation Board of Delray Beach to consider designating property I own as part of the South Ocean Boulevard H~storic District. I'~m the owner of the property at~50~ South Ocean Boulevard, and '~South Ocean Boulevard, which I purchased several weeks ago. The purpose of this letter is to formally notify you and the board that I ~treguously~obJec~ to and oppose the inclusion of my properties ~n any ~istor~c district. I consider such an action to be unnecessary, intrusive, and potentially damaging to the value of my property. Further,-it is my understanding that a developer was allowed to tear down one of the homes in the designated area on the day of notification concerning the public hearing. In fact, I suspect it is this developer and ~he projects he has undertaken along South Ocean Boulevard that mgy have caused concerns by the Historic Preservation Board. While I certainly support the preservation of historic properties and landmarks, I do not believe that it is appropriate in this case for the government tO attempt to mandate and restrict property owners in the quiet enjoyment of their homes and property. If the City of Delray Beach wishes to influence the St~le of residences being erected along South Ocean Boulevard, it already has the means to do so. l ~O South Dixie Highmmj [] Boca Raton, Florida 33~2 0 Tel: 40~358-3298 PtAN~}NG: & ZONINO 0511411996 09:26 407-243-7221 CITY OF DELRAY PAGE 02 Ms..Patricta Cayce May 9, 1996 Page Two ~~le exp~nse, to protect md e~ance ~]~ ~..qmy reszdence at 501 South Ocean south ocea. o. evard. do ~~tment to preservation. It seems to me the answer to the concerns of the board lie not in gover~ent intervention but in co~unication and cooperation between the board and citizens of the co.unity. I would be happy to discuss deed restrictions or other voluntary actions'that ~y be taken to prese~e unite properties. I would appreciate it if this letter Would be made a part of the record concerning this matter. Thomas ~. Worreil, Jr. TEWjr:~ cc: Me. ers of the Board City Co~issioners MI~. JAMES G. h l.gRING ~.~3OU]~ OCEAN BOULEVARD .RAY BEACH, FL 33483-6635 May 17, 1996 Ms. Patricia Cayce City of Delray Beach Historic Preservation Board 100 N.W. 1st Ave. Dplray Beach, FL 33444 Dear Ms. Cayce: I am the owner of the-property at 701 South Ocean Boulevard, which my husband and I purchased in 1963 and where we have been living since that time. Our house is one of the four remaining houses in the p3oposed Historic District. I understand that the owners of three remaining houses are opposed to the inclusion of their properties in the proposed Historic District.. And, by this letter I want to advise you and the Board that I am strongly opposed to the inclusion of my property in the District. About three years ago my late husband and I bemme concerned about the development along the ocean front and suggested to representatives of the Historic Board that appropriate action be taken to preserve the character of the beach property as it was at that time. No action was taken. Since then the property (611 South Ocean Boulevard) immediately to the north of my property has been sold and a large new residence is in the process of construction. Also the residence, formerly 601 South Ocean Boulevard, was sold and the house torn down. From my standpoint the damage has been done and this section of the beach has little or no historic significance. In view of these developments, I am opposed to the creation of a Historic District and believe that the Zoning Commission of Delray Beach should provide my property with adequate protection. Sincerely yours, Mary ~ Alfring cc: Members of Historic Board Mayor Jay Alperin WILLIAM T. BLACK BRIDLESPUR FARM KESWIC:K, VIRGINIA 22947 PETITION OPPOSING OCBANFRONT HISTORIC DISTRICT · We, the undersigned, each of which either own one of the proposed 6 properties or own directly on the ocean adjacent to the properties, do strongly oppose the formation of a Historic District encompassing the 6 properties from 501 South Ocean Blvd. to 701 South Ocean Blvd. in Delray Beach. We firmly believe this action to be an unfair and misguided attempt to restrict the property fights and market values of oceanfront properties in Delray Beach. The manner in which these specific properties were chosen appears haphazard and arbitrary and, in some cases, of absolutely no historical value at all. While not opposed to Historic Districts as a whole, the proposed location of this District would unduly harm overall property values along the ocean, decrease the tax base, make potential future residents wary of purchasing on the ocean in Delray Beach and severely limit the rights of the affected owners. We are opposed to this district and the efforts used to push it's formation, and will vigorously defend our property rights afforded us by local, state and federal law. NAME ADDRESS Sep. 21. 1995~ 5:377M ~ ]~o. 4405 P. 2/2 Adrienne V. $chmif. z ~, "'" Afforney at L~ . 810 Sllverbell Lane ~ .) Wel~r~,ton, l:lorid~ ~4~4 (4o7) ~948 ~ Fax (305) 963-1715 September 21,~ City of Delra~B~¢h lfK[N.W. Flr~ Avenue Delray Beach, ~ :33444 RE: Tcrmtna ion of $. Ocean Blvd. tiP District Designation Dear Pat: As discussed, please let this letter serve as formal request that the above Dhtrict Designation b hereby imm~-diately terminated. Thank you for your asdstance in this Adrienne V. f :~tz, Esq. cc: Mr. ~ ~ ;./ames Alfring Scott A. ~ [k, Esq. (via fax e (407) 394-3699) PETITION OPPOSING OCEANFRONT HISTORIC DISTRICT 'We, the undersigned, each of which either own one of the proposed 6 properties or own directly on the ocean adjacent to the properties, do strongly oppose the formation of a Historic District encompassing the 6 properties from 501 South Ocean Blvd. to 701 South Ocean Blvd. in Delray Beach. We firmly believe this action to be an unfair and misguided attempt to restrict the property rights and market values of oceanfront properties in Delray Beach. The manner in which these specific properties were chosen appears haphazard and arbitrary and, in some cases, of absolutely no historical value at all. While not opposed to Historic Districts as a whole, the proposed location of this District would unduly harm overall property values along the ocean, decrease the tax base, make potential future residents wary of purchasing on the ocean in DelraY Beach and severely limit the rights of the affected owners. We are opposed to this district and the efforts used to push it's formation, and will vigorously defend our property rights afforded usby local, state " and federal law. NAME /17/% PETITION OPPOSING OCEANFRONT HISTORIC DISTRICT -'We, the undersigned, each of which either own one of the proposed 6 properties or own directly on the ocean adjacent to the properties, do strongly oppose the formation of a Historic District encompassing the 6 properties from 501 South Ocean Blvd. to 701 South Ocean Blvd. in Delray Beach. We firmly believe this action to be an unfair and misguided. attempt to restrict the property rights and market values of oceanfront properties in Delray Beach. The manner in which these specific properties were chosen appears haphazard and arbitrary and, in some cases, of absolutely no historical value at all. · While not opposed to Historic Districts as a whole, the proposed location of this DiSyrict would unduly harm overall property'values along the ocean, decrease the tax base, make potential future residents wary of purchasing on the ocean in Delray Beach and severely limit the rights of the affected owners. We are opposed to this district and the efforts used to push it's formation, and will vigorously defend our property rights afforded us by local, state and federal law. NAME ADDRESS F~om : PH~ Ho. : 313 352 9133 Ma~. 10 1996 5:12PM P~I . 05/0~/9e 14:11) ~1~140~/2744450 T~'NER RE$IbRN~:E _ .l~Kfl~01~ OPPO81~q'O OL'~Alql~ONT IHgTORI(~ DISTRICT We, tha vad~mi~necl, e~h o£ wh~0h ~sr o~ one o~ ~ p~d 6 ~~ or ~s~rio D~I~ ~mp~ff ~e 6 pmp~ ~ 501 So~ O~ ~1~ Di~ ~d ~ ~ ~ ~po~ vduu d~ ~ a~ ~o ~. m bun, li~t ~e fl~ of ~e ~ u~m. Wa ~ opp~ to p~ iff ~m~on, nd ~ Mgom~y d~d our p~pi~ PETITION OPPQ$INO OCEANFRONT HISTORIC DISTRICT . We, the undersigned, each of which either own one of the proposed 6 properties or own directly on the ocean adjacent to the properties, do strongly oppose the formation of a Historic District encompassing the 6 properties from 501 South Ocean Blvd. to ?01 South Ocean Blvd. in Delray Beach. We firmly believe this action to be an unfair and misguided attempt to restrict the property rights and market values of oceanfront properties in Delray Beach. The manner in which these specific properties were chosen appears haphazard and arbitrary and, in some cases, of absolutely 'no historical value at all. -~ While not opposed to Historic Districts as a whole, the proposed location of this District would unduly harm overall property values along the ocean, decrease the tax base, make potential future residents wary of purchasing on the ocean in Delra¥ Beach and severely limit the rights of the affected owners. We are opposed to this district and the efforts used to push it's formation, and will ~,igorously defend our property rights afforded us by local, state and federal law. . NAM]~ ADDRESS . ') PETITION OPPOSING OCEANFRONT HISTORIC DISTRICT We, the underSigned, each of which either own one of the proposed 6 properties or own directly on the ocean adjacent to the properties, do strongly oppose the formation of a Historic District encompassing the 6 properties from $01 South Ocean B~vd. to 701 South Ocean Blvd. in Delray Beach. We firmly believe this action to be an unfair and misguided attempt to restrict the property rights and market values of oceanfront properties in Delray Beach. The manner in which these specific properties were chosen appears haphazard and arbitrary and, in some cases, of absolutely no historical value at all. ... While not opposed to Historic Districts as a whole, the proposed location of this District would unduly harm overall property values along the ocean, decrease the tax base, make potential future residents wary of pt, rchasing on the ocean in Delray Beach and severely limit the rights of the affected ovmcrs. We are opposed to this district and the efforts used to push it's formation, and will v~'gorously defend our property rights afforded us by local, state and federal law. NAME ADDRESS ....... . /. PETITION OPPOSING OCEANFRONT HISTORIC DISTRICT . We, the undersigned, each of which either own one of the proposed 6 properties or own directly on the ocean adjacent to the properties, do strongly oppose the formation of a Historic District encompassing the 6 properties from 501 South Ocean Blvd. to 701 South Ocean Blvd. in Delray Beach. We firmly believe this action to be an unfair ~ud misguided attempt to restrict the property rights and market values of oceanfront properties in Delray Beach. The manner in which these specific properties were chosen appears haphazard and arbitrary and, in some cases, of ~solutely no historic~l value at all. --~ While not opposed to Historic Districts as a whole, the proposed location of this District would unduly harm overall property values along the ocean, decrease the tax base, make potential future residents wary of' purchasing on the ocean in Delray Beach and severely limit the rights of the affected owners. We are opposed to this district and the efforts used to push it's formation, and will vigorously defend our property rights afforded us by local, state and federal law. Growing Presenci ?L OIIlDA J.OU'I1NAL' companiesare"inSOuthFlOr~': NeW Property-Rights Law'Sends CityPl' SerambhngforCover' anners By Pm~ M~TCHELL ... s~,~a.po.., oi?.. w^~,. s?.=. Jo~^~ How the ~w 'Works ~oflda's new pm~-~gh~ law ~ A look at Florida's new prope~-rights law: o~y ~ days old. But 1~ lmpack is already 0 Government passes a may be ordered later to ~ !1 no seHlement is e~dent In clues ~d toques ~u~out · e state. : new reDulation, such as a pay the Dovemment's reached, the landowner .Consider: heiDht restriction or a aHomey fees.) can bdno the case to cir- · ~ Fo~ ~ude~ale, the law h~ made stricter zonino code. "": ............................................ cu~ couR. ~dstopher. Wren, ~e city's manager of pl~ning ~d zo~ing~ reluc~nt to enclose . ~ Once lhe ~se is in cir- a neigh~rh~ ~s~lation's request to re- cuit couA, a ju~ must de- · s~ct commercial development. He is cide what the landowner afr~d th~*law-w~ch m~es it easier for should be paid. lando~e~ to receive compensation for re~atio~ that res~ct ~e ~e of ~eir pmpe~=~d l~d ~e d~ ~ co~. ~e new law, ~. Wren sa~,*"has handcuffed me f~m do~g what I consider ~r pl~g." ] eP~ B~ ~ OffiC~ ~ve. ~backed away Imm a plan ~at wo~d have pm~ o~n space ~ some faro m~,. after vegetable fame~ complained ~at · e plan ~ced ~e v~ue o~ ~eir pro.r- ties. sin Deland, a histo~c-prese~aUon boaffi put off pla~ for a new ~stoflc dis- trict after a ci~ attorney w~ned ~e ~ · at the pl~s ~d ~gger a pmpeAy- ~gh~ laws~t. ' "I don't t~ ~e~'s any ques~on l~ai govemmen~ have become more careful a~ut ~eir. actions and t~en . into . ac~t · e pmk.-right" law, sa~ ~es, a pruner ~ Ce Ta~see office of Steel Hector h Davis who hel~ draft "~e dark side of t~ t~g ~ not m~ly sang landomem. But m~y of ~em en · epm~sMonw~ch~enewlawisb~, what Ithe act] says, but how ~ple are dom~ ~e compromise ~ a way to avoid "The st~fs a~ really dewing with ~e b~tar~g it,' complms Richaffi ~ore ~conian me~ ~lng probed pmpe~plim~onsas~eyworkupo~i- ~m~, a la.er for 1,~ ~ends of . by ~e ~cmastngly .~p~ar pmpe~- nances." mo~da, a T~l~s~based e~mnmen- '~gh~ movement, ~ch ~ ha~g ~e aew Just ~ PI~ tal ~up. act cover ~attons alre~y in place. Pm~nen~, 0f coume, say t~s is p~ So, what d~ the law say? , · ~at's more, me law excluded such c~elywhat~elawis~p~s~todo-fome Itessentiallyextends~edgh~oIpm~ common government effo~ ~ b~ldlng lmal officials to consider ~e cost of me~ er~ owne~ to ~ compensat~ for govern- roa~, preven~ng a public n~sance or ba~ decisions in ~e private sector. , · merit re~a~ons. ~ndownem have tradl- ting noxious roes of.pm~y. And it ere "I thl~ it's g~ ~ey'm do~g t~ tion~ly ~n paid when ~vemment ~ at~ a len~hy pm~ for ~ng a ~lysis," says Wade Hopping, aT~l~- a~y meir pmpe~y. But ~e pm~y- cl~m.one that fom~ ~vemments and sea la.er who mpmsenm business ~ter- dghm act. f~hioued this spAng ~ a com- lando~em into ne~tiations that c~ lam ests on en~nmenmi issues and hel~ . promise bemeen business and en~mn- s~ monks ~d ~n~e eider side ff ~ey ~ft ~e pm~-righ~ act, ~om ~ ~e ment~ ~u~, r~Uires govemmen~ to don't accept re~onable offem to settle. ~ivate ~ ~gh~ ~tec~on Act. "a mm~nsate lando~em who still ~n me ~cisely how mu~ a lmal government nmber of,l~l ~vemmen~ we~ getting ~eir pmpeAy, but bear such an "ino~i- wo~d owe a landomer under the law Is a '~fle mvaller, and I ~nk ~ts is ~nd of hate bu~en" of a new ~atlon ~at ~eir. btg u~no~. ~1 plannem would ft~t.. . ~ff ~em a ~alI~ ~e~" pmpemy lines value, have to fl~ out w~ lando~em But o~em a~ ~smayed, i~ist~g ~at ~1 government officla~ ~d en~n- fect~ by a pa~icul~ dec,ion, ~d ~en l~al offict~s m ~nlng smr~, m~nff mentMlsm ~ed ~e law might stifle get '~ app~s~ of h~ much bad land-me d~io~ out of an overblown ne~ed ~ation ~ s~ap~ I~ali~es v~e wo~d ~ l~t-a step no ci~ fear of, being, sued. shied away Imm the expense of ~mpen- ~ Plms* ~m to ~ge ~, ~lumn · ' ./ FLORIDA JOURNAL Property Law Has P anners Scramb in Cont/nued Prom ~e ~ ~ter mcei~ng a ~uest to change ~e in~ and singl~f~fiy homes. ' v~ue wo~d be l~t-a step no ci~ h~ ~nlng of one piece of p~ from light Meanwhile, in ~w~ Count, ~'.. ,. ~en yet. . ind~al to a mix of ~sidentiai and com- la~e~ plan to ~ew a ~ overha~ of .. ~d clearlY, m~y cities don't want to. mercial uses, ~ey decided to consider a the ~sidential zon~g ~e to ~t where ,, The sl~atlon ~ Palm B~ ~ ~ s~ilar change across a wider a~a ne~ l~downem mi~t ~ve a d~ ~der the ~.. " ~e. , . .~e co~'s ~u~em ex~eme, new aa. ~ ~- · :.. ~le le~slatom ~ T~I~ we~ But in neighborh~ meetin~ and in "ff we enco~ter ~me~ng aat-may deba~g pm~ ~ghm, P~ Beach · ~elr o~ s~te~ sessions over ~e s~- be.a ~ten~a problem, ~at's something m~ com~ssione~ had ~en wor~g mer. co~ty planne~ d~ded ~at some of .we may consider not gong ~ead wi~," . 6n a plan to prese~e o~n space ~ a faro- ~e~ lde~-such as e~ang residential says ~mya K~r, ~ ~t co~ lng a~a e~t of ~e ~erglades ~o~ ~ ~n~g-"we~ not totaly ~able ~ca~e aUomey. "~: · e A~c~ Rescue. It w~ to be a tw~ ' of pmpe~ flgh~," says C~I Clarke, ~e A Long W~t ' ~wng~ approach: ~e m~ wo~d ftmt co~'s di~ctor of play.g, pemitting - l~er ~e allowable n~ber of homes per and ~speaions. They are c~en~y p~- ~d on ~o~da's w~ ~, Charlotte a~, from one for evew ac~ of l~d to one lng a mo~ m~est app~ch. County ~mmi~ioner M~ F~ell Is back- .. for eve~ five acres. It ~d ~en pay a "You're avald to do an~ng because lng away from ~y U~ter w~g res~c-, l~p s~ to f~em who a~ not to ~y changes, even positive changes, will' tions. "Down-wn~g ~fo~ ~e propeny- b~ld at ~1. cost you, ~cause it may have an adve~e fights act had some qumtion mar~ by it," But several vegetabl~ farme~, who are impact 0n a few," says Mark Bamebey, a he says. "But ~ ~e pm~-~gh~ act, the ~on's biggest landownem, felt the senior assistant coun~ attorney in M~a' It's gotten to a ~int whe~ I won't vote to ~lan wo~d sho~change ~em. ~e new tee. "Wi~ your major roles, you may end do it until some of ~ ~ ~a~ out." b~g rest~ctions, ' Given ~e len~hy they ~ed, wo~d ~- ~pute p~ess built minish ~e~ pm~ ~to ae laws, ~at vaues, m~d ~e yea~. ~d ' "This was a per- ~at h~ a number of f~ct example of what a d~, such as Sims co~ ought not to ~ ~ne, d~p~inted. ... able to do to i~'resi- Mr. ~ine, a I1- ~ denm," says Ga~ bm~an who chaim ~. / B~denb~g, a ~l~d's Historic la.er -who repre ~ese~a~on sented ~e landor- h~ ~am~ for e~. "~e co~ was yearn of expanding planning to take away ~e d~'s ~sto~c- p~21e's prope~y pint,on effom rights ~out pa~ng ~to one of i~ oldest them fa~ value." neighborhoods, Neve~eless, the whe~ stately Vict~ ' ar~ment went ~ homes already ' nowhe~-at flint. ~ on ~e Na~onal Then, ater ~v. Mw- Re~ter of His~ric Wn ~es si~ed ~e Placm. new prope~y-gghm law in May, ~s~t up ~ronzing yo~ c~e essentialy." But Deland's ~ a~omey, dting the co~ty a~omey Bob Ban~ ~te a legal One of me reaons l~a plannem are so ~t~n~al of a pm~-~m lawsuit, ~r- opinion warning commi~ione~ ~at the ~u~ous is that the law is va~e. For the suad~ ~e p~e~a~on ~ over ~e co~'s plan might t~gger a dem~d for act to be invoke, a new government re~-., smmer to abandon, at ie~t for now, plus compensation under ~e new law, ~ten- lation must im~se an "ino~inate bur- for a new histo~c ~ct ~at would have tially pu~ng the coun~ on ~e hmk for an den" on the pro~y owner. ~at's an in- I ~s~ ~s~ic~om on ~no~tions by e~ive lawsuit or millions of doll~ in o~inate 'b~en? ~e bill outlines some d~ag~. (~mough ~e law ddn't take el- c~te~a for that, but even la.em Who ~e ci~'s attgm~ d~'t ~lnk offi- fect unt~ Oct. 1, It apples to l~al develo~ work~ on ~e act say ~e definition will alas have much c~im. ff ~e ~a~ had ment ~es pa~ed after ~ay il, the da~ ~e have to ~ decid~ by ~e coups. And ~1 mov~ aead and ~n ~ ~der the act. M~sla~e adjo~ed.) that happens, the safest appma~ is to as- le~l cm~ could have ma~ $10,~ to By s~mer, coun~ commission~m, cit- s~e the womt. ~0,000, he says. ~d a 1~ ~ m~ would ing ~e ~tential lawson, were negotiat- So although ~. ~line of ~e DePart- have been much ~ier. lng a new deal with the famem. ~at merit of Community Mfai~ thin~ the The result, Mr. ~e sa~, is that he eme~ l~t month-and is s~ll awaiting farmem in Palm Beach Coun~ would be ~n't win sup~ t0 even ~n drafting a state approval-was a plan that left ~e old unable to prove aeir case, Mr. Ban~, the proposed o~inance. "We ~ ~ a ~ of zoningalmmt entirely intact, a mnc~sion ~sistant county attorney, isn't so sure. some d~ft hem," he ~. some say was ~necessa~. "Given the unchart~ law that It ts, ~nlcally, alm~ ~ ~ ~e sold of Fe~ ~ M~gtee when you're advising the ~, you ~'t cl~ plannem mn~g away from their · "I ~ to ~lk the co~ a~omey' out ~ve the ~commendation that this isn't ~ pla~ is a complant ~m iando~em: ~e · .xof it," says Te~ell Mline, an a~is~nt lng to eff~t them at all," Mr. B~ sa~. pmpe~-figh~ ack ~ey ~y, d~n't ~ :~.; . . ~eneral co~sel at the Depa~ent ol Com- 0ae~ a~ee, and a~ u~ng caution, far en~gh. ~ - -~ m~l~ Mfam, w~ch ~vle~ 1~ plan- In Holl~, Planning Director Jud "~e new s~mte ~ ill~," sa~ ~g d~ions ~der ~orida's ~; Kurlancheek Is telling the city's citizen ad-Mark Sa~s, a ram~ la~er who wo~ management laws. "But he c~dn't ~ve viso~ panels, some of w~ch are c~ntly ~cimively for l~do~em. "~e m~a- his clien~ a 1~ ~amnt~ ~at they re-evalua~ng HolloW's land-planning nlsm' for ~ailen~g new ~atlo~ Is wouldn't get su~." roles, not to recommend such new ~stfic-, ve~c~me.l~it'sacrackin~e Such ~a~ have also haunt~ plannem tions ~ lower height limits on high:rises or armor, not any ~at sh~ for pro~y in Manatee Count. wider buffe~ between apartment build- rights." Florida's New Law to Protect Private Property Rights by David L. Powell, Robert M. Rhodes, and Dan R. Stengle O n May 18 Governor growth management programs. The Study Commission II.4 It proposed new Lawton Chiles signed law protects landowners against some nonlitigation remedies for landowners,s into law landmark legis- regulatory actions which do not rise to but its recommendations were not acted lation~ which creates a the level of a taking, but it is more on by the legislature in 1994. Instead, new cause of action to provide judicial limited in scope than the property a citizen's initiative campaign proposed relief for landowners who suffer a ma- rights legislation considered in Florida a private property rights amendment jot restriction on the use of their land. in recent years. Perhaps most impor- to the Florida Constitution, but it was The law capped three years of con- tantly, it signals a change in the way removed from the ballot by the Florida tontious debate over proposed legis- government will do business with land- Supreme Court.s lation and constitutional amendments owners. It is a balanced, measured Thus, at the start of the 1995 Regu- to give landowners protection beyond response to a pressing and emotional lar Session, lawmakers had several the existing constitutional guarantee issue. . property rights measures before them. against private property being taken The public policy argument over pri- Believing these measures did not strike for public use without just compeusa- vato property rights has been sim- ~ a reasonable balance, Governor Chiles tion.~- The new statute has stirred fears mering for years, but it was only in d~cided to prepare his own proposal. it will empty the public purse and roll 1993 that lawmakers considered the He directed Secretary Linda Loomis back decades of work to protect the matter ripe for action. The legislature Shelley of the Department of Commu- environment and manage growth, as passed a bill to set up a Study Commis- nity Affairs to convene an ad hoc work- well as concerns it will completely fail sion on Inverse Condemnation to re- lng group to draft a consensus property to protect landowners confronted by a view landowner remedies when gov- rights measure. The working group steady accumulation of regulatory pro- ernment action restricts the use of land was composed of representatives from .~_ grams. . but does not amount to a taking? ]oca]government, landowners, citizens :~ In reality, it will do neither. The new Governor Chiles vetoed the bill be- groups, and other constituencies. It · /' law grants important new rights and cause he said it was ti]ted too far met through most of the 1995 Regular remedies to landowners while pro- toward private interests and instead Session. With only one significant retting existing environmental and set up the Governor's Property Rights change by lawmakers,7 the hill drafted 12 TH.E FLORIDA BAR JOURNAL/OCTOBER 1995 by this working group was enacted utes. A variety of statutes create such with only one dissenting vote. The Harris Act r~. Among them are provisions in · the Local Government Comprehensive New Judicial Remedy creates a new cause plArmln_., ond Land Development Regu- The cause of action is created by the of action to provide ~ ~orida ~.n~-onmen~ Bert J. Harris, Jr., Private Property lz, nrl Anti Water M_~,~gement Act,19 mgh, Protection ACt," ,;~ed after compensationto a the stam~ creating the surfaco water the Hiehlands County legislator who management regulatory program? and has ehs-mpioned property rights .legis- landowner when the u~ statute creat_i,g the coastal con- lation for years. The Harris Act seeks actions of a ~i. ruction control line program.2! Local to provide compensation to a landowner governing-hr vesting provisions are not when the actious of a governmen governmental entitycov by they entity impose an '~inordinate burden" imposean implement a partic~d~ state statute. on his or her real property. It is in- For ~rzmple, local government com- tended to apply to governmental ac- "inordinate burden" prehensive plan policies and land de- tious that do not rise to the level of a onhis or her real velop~ regulations that def'me a takingundertheFloridaorU.S, constitu- "f~nA! local development order~ or es- tions.s property ,ban development "is con- The new judicial remedy is intended tin~,i,~ in good faith" should be coy- to protect either a laudowner's "exist- ered by the new cause of action.2~ Plan ing use" or "a vested right to a specific tory principles,x4 These foundations for policies or local regulations that codify use" of land from an action by a state, establishing vested rights are inde- equitable estoppel principles are not regional, or local government agency pendent; for purposes of the Harris covered by the Harris Act's categorical that would amount to an inordinate ACt, rights may vest under any of the protection of rights vested pursuant to burden? Therefore, in any potential bases, state statute. claim it is critical to evaluate the Equitable Estoppel. The estoppel doc- landowner's property interest in light trine is grounded in equity, and focuses Harris ACt Limitations of the statutory requirements for relief, on whether it would be inequitable to The se~m_ ingly broad sweep of the allow government to repudiate its prior Harris Act is decoptive, because the Existing Use conduct. Equitable estoppel will be ap- new judicial remedy is subject to sig- An "existing use" means an actual, plied to government regulation of a nificont exceptions and limitations. The · present use or activity on the land, land use if a landowner, in good faith, Harris Act does not apply to actions .. notwithstanding periods of inactivity on some act or omission of government, by the federal government, or by any normally associated with or incidental has made a substantial change in posi- governmental entity otherwise covered tot he activity.~! A period of inactivity tion or has incurred extensive obli- when exercising the powers of the could include land lying fallow in nsso- gations and expenses, so that it would United States or its agencies through clarion with the growing of crops, be inequitable and unjust to destroy a form-! federal delegation.2~ The Har- An "existing use" also may mean: the acquired right,t5 Each of these tis Act does not apply to governmental [S]uch reasonably foreseeable, nonspecula- criteria has received valuable judicial actions which involve operating, main- tire land uses which are suitable for the interpretation and application,is and _i~!ning, or expanding transportation subject real property and compatible with the legislature relied solely on these facilities, and it does not affect existing adjacent land uses and which have created an existing fair market value in the prop- cases in establishing an equitable es- law regarding eminent dorn~i, relat. erty greater than the fair market value of toppel basis for vesting, ing to tr~.~portation_24 The Harris Act the actual, present use or activity on the Substantive Due Process. Rights also is not intended to affect the sovereign real property.'~ may vest for purposes of the Harris Act immunity ofgovernmant.2~ So long as the requested use is not by applying constitutional principles Finslly, and most significantly, the speculative, is suitable for the prop- of substantive due process. This stan- Harris Act is strictly a forward-looking erty, is compatible with adjacont land dard enables the judiciary to craft a measure~ It applies only to specific uses, and can be justified by an ap- constitutionally based vesting test sepe- actions of a governmental entity based praisal, and the landowner meets the rate from t~kings theories or remedies, on a statute enacted after the fi~o! other requirements, the landowner and distinct from equitable estoppel, adjournment of the legislature on May should be protected by the Harris Act.~ This standard could focus on whether 11, 1995, or a rule, regulation, or This alternative definition of"existing an owner has acquired a constitution- ordio~.ce adopted after that date. AC- use" should benefit a landowner who ally protected property interest that tions based on a statute enacted before applies for approval of a land use which should not be diminished or frustrated that date, or a rule, regulation, or is already enjoyed by his or her neigh- by governmental action, iV In some in- ord!,~snco adopted before that date, or bors:. ' stancos, the protected interest could one formally noticed for adoption be- A "vested right to a specific use~ be established by applying and saris- fore that date, are exempt from the must be determined by applying corn- firing estoppel principles, but the new Harris Act.is This provision provides mon law principles of equitable estep- test should go further, perhaps the most significant and~ .... pel, constitutional principles of sub- Statutory Vesting. The Harris ACt among landewners--controversial llrni- stantive due process, or state statu- protects rights vested by state stat- tationregardlngthe availability of this 14 THE FLORIOA 8AR JOURNA~OCTOBER ~995 pensation has been paid. The gay- land use is well grounded in the law of argument that denying the requested use 'ernmental entity may ho]d, sell, or eminent domain relating to valuation. E.g., would be arbitrary and capricious. otherwise dispose of these development Yoder v. Sarnsota County, 81 So. 2d 219 24 Fla. Laws Ch. 95-181, §l(3Xa). ,~ (Fla. 1955); Board of Commiesioners of State id City of Hollywood v. Hollywood Beach t rights. When the court has awarded Institutions v. Tallahussee Bank & 7'rust Hotel Co., 283 So. 2d 867 (Fla. 4th D.C.A- compensation, it will determine the Co., 100 SO. 2d 67, cert. denied, 101 So. 2d 1973), rev'd in part, 329 So. 2d 10 (Fla. form and recipient of the rights and the 817 (Fla. 1958). See a/so Florida Eminent 1976). terms of their acquisition.49 The court Domain Practice and Procedure §§9.32-.33 Id Rhodes & Sellers, Ve~ted Rights: Es. also is given broad powers to make (4th ed. Fla. Bar CLE 1988). A land- tabli~ngPredictabilityinaChangingRegu- owner probably would have a cause of /atory System, 20 S~r. I~ l~v. 475, 476 final determinations to effectuate the action anyway founded on reverse spot (1991). relief available under the Harris Act.50 zoning, denial of equal protection, or per- 27 Resolution Trust Corp. v. Town of High- In light of the unique purposes and haps substantive due process, based on the /and Beach, 18 F.3d 1536, 1544 (llth Cir. intent of the Harris Act, a court should 'not necessarily construe it under the case law regarding takings claims un- der the U.S. and Florida constitutions Ne,' Perspectives O, Real Eslale Prat?ice #43: if the governmental action does not rise to the level of a taking? Growing pains action remedy for landowners that will · bear a striking resemblance to existing remedies under takings law. Each case In a bygone era of home remedies and wishful concoctions, there were night- will be an ad hoc, fact-intensive in- time aches in the limbs and joints of children attributed to growing bodies pushing quiry to determine whether a particu- outward -- a fantasy propagated by well-meaning elder~ with a bent toward mysti- lar action of government intrudes too cism. The pain was real, but its origin wzcs fantastical. far into the landowner's domain. The discomfort associated with our professional growth can be as palpable, but the cause often is similarly illusory. Conclusion Growing a practice requires that lawyers market themselves, and that makes most lawyers uneasy. But are lawyers uncomfortable with the actual process of The 1995 property rights legislation marketing, or with the mere thought of it? was intended to adjust the balance Even grownup professionals can misinterpret the sources of their distress. between the private sector and govern- It is true that developing a practice requires that we stretch ourselves, that we grow '~ ment in the continuing friction be- to learn new skills and accept new, personal responsibilities. Growing your practice ., tween regulators and landowners over certainly will take time and increase your workload. But this is not the painful pan. the use of land in Florida. It reflects It only appears so from a distance. The real source of the pain is intangible, it is. both the popular mood and a shift in for the most pan. completely imagined. And, once you jump into the process, it legislative sentiment in recent years, goes away. This remedy is not a radical depar- The pain stems from inertia, or "getting offthe dime." It stems from lawyers' ture from prior law. The Harris Act embedded reluctance to move oulside their comfort areas, which are usually defined builds upon common law principles, by the more technical aspects of the practice of law. it stems from a deep-seated mis- conception ~ or a convenient rationale -- that rainmake~ are bom, not made. And it constitutional decisions, and the tradi- stems from a somewhat self-righteous attitude that thc duties a~sociated with marke~- tion of finding an accommodation be- lng and other vestiges of the "business" of practicing law are best left to ~meone else. tween public and private interests. It You cannot avoid growth. Our willingness to grow as professionals -- to learn represents an attempt to provide new how to market ourselves and our services ~ is intimately and inexorably entwined and measured relief for landowners with the growth of our practice and our profession. Growth means survival. without undermining Florida's land- You must be willing to give up contentment and safety, and embrace a will- mar]~ environmental protection and ingness w step outside the familiar. Then you must acquire the habits, skills, and growth management laws, ~3 discipline necessary w market your practice. And, perhaps most important, you've got to become good at it. so that, over time, you've acquired a level of expertness, 1 Fla. Laws Ch. 95-181. a personal mastery, of the process. Then. with the dawning of your efforts, the looming pain you had once so 2 U.S. Consr. amend V; F~. Cossr. art. X, §6. vividly imagined, miraculously, will disappear. s Fla. SB 1000 (1993). ~ Fla. Exec. Order 93-150 (June 4, 1993). ~ Report of the Governor's Property Of [~gtJon Rights Study Commission II (Feb. 28, 1994). of SeFv~c~ ~ Advisory Opinion to the Attorney Gen. of ~nl30~ol'l eral re Property Rights, 644 SO. 2d 486 (Fla. 1994). ? Fla. H.IL Jour. 1050 (Reg. Ses~ May 5, 1995). .~,,~x?'s' 'l]lk' Irt.4,rdmx' Fi,mi. Inc. ~ Fla. Laws Ch. 95-181, §1. ~.~-c: I;t~x Finn .~hrk~'~ing s Fla. Laws Ch. 95-181, §1(9). lo Fla. Laws Ch. 95-181, §1(3). ()~,.~. ~.~ ii Fla. Laws Ch. 95-181, §1(3)(b). 12 ~'d. £ I'~ .&n~wnt?s' 'lille lrt, awancu Fuml. Ir~'. ~ This approach to defining an existing THE FLORIDA BAR JOURNAL/OCTOBER 1995 17 1994). ~ Fla. Law Ch. 95-181, §l(4Xd)2. F~. Sr~r. §163.3167(8). ~ FI~ ~ ~ 9~181, il(6Xc)l. F~. S~. ~380.05(18) (~ of~iti~l ~ ~y ~ ~lem~t offer or p~ s~ ~n~rn); F~ ~. ~380.0~20)(1994 The ~o~~~ ~d~y~t~tio~ Supp.) (developmen~ of r~ional ~pact). or reje~ ~e fom~ation ~ Sr~. ~373.414(11~16)(1993). builds upon of ~ ~. ~161.052 (1~3). sio~ ~ ~i~le ~ ~e p~dlng o~y See ~ ~. ~163.3167(8) (1993). com~o~ ~aw for ~ m~ ~ Ch. 95-~s~, ~ms~). ni ip~s, ~m~ ~. ~ ~ ~. ss-m, ~a. ~ Ch. 9~181, ~1(10). ~_~C ]1(6~c~. ~ ~io~fion of ~s~ ~d ~ ~ Ch. 95-181, ~1(~). M ~- ~ ~ ~ ~181, [l(6gc)L b.~ on a subs~uent men~ent cisions, and the ~ ~ ~- ~ 9~181, ~1(5~). be a b~h for a ~ ~t c~ "o~y 4~ ~ ~ ~ 9~181, t1(6~a). ~e e~nt ~t ~e appH=tion of ~e tradition of finding ~en~W~ l~ ~po~ ~ ~o~i- ~ ~ ~ ~ ~181, ]1(6~a). b~den ap~ from' ~e ~a~ered ~acco~o~tion "~ ~ ~. 9~181, ~1(6~a). In sm~, ~e, o~in~, or re~lation. Id. de~in~ ch. between public and ~o~ ~ ~e ~ ~lement offer Id. , ~ ~d ~ ~n ~ ~d~i~ible; p~ private interests deci- sio~, ~ ~t~ ~ inadmissible for ~ ~_ ~ ~ Ch. 95-181, . ~1(6gc~. ~ Id. ~ ~ ~ ~ 9~181, ~1(6~a). Jo ~ ~tiI =Fla. ~-- Ch. 95-181, ~1(11). 4' ~ ~. ~ 9~181, ~1(6~). c e ~ ~a. ~ Ch. 9~181, ~1(4~a). ~ ~ ~ ~ 95-181, ~1(6~). Writ g C nt t - O es ~ F~. ~ Ch. 9~181, ~1(5~a). ~ ~ ~ ~ 95-181, ~1(71a). ~ ~a. ~ Ch. 9~181, ~1(4~d)1. ~ Em ~ ~ 9~181, ~1(9). T~ Flor~a Bar Jo~n~ gives c~h awar~ annually ~m an e~ow~nt set up in ~mo~ of Barbara Sa~rs ~ a~orn~ Ba~e~ San&rs, for~r c~ir of T~ ~ri~ Bar Jo~ Edi- tor~l B~. A first place award is presented each June, and second and third place awards are given at the discretion of the judges. Judges select winners from those lead articles published be- tween May and April. ~ow~. RHOOES David L. Powell is a shareholder in the Tallahazsee law firm of Hopping The Florida Bar Journal Edito- Green Sams & Smith, PA. He served az executive director of the third rial Board screens the articles Environmental Land Management Study (ELMS lid Committee. His practice and selects finalists for submis- includes growth management, land use, and facility siting matters. Robert M. Rhodes is a partner in Steel Hector & Davis, resident in sion to a panel of judges. Win- Tallahazsee. He is a former chair of The Florida Bar Environmental and ners will be announced in The Land Use Law Section and is treasurer of the Administrative Law Section. Florida Bar News in June. Mr. Rhodes served on the working group that recommended draft property rights legislation to the legislature. Judges select winners accord- Dan R. Stengle is the general counsel to the Florida Department of the ing to writing quality, substan- Community Affairs. Prior to that, he served az staff director to the Committee tive quality, style, and degree on Governmental Operations of the Florida Senate, and az general counsel to the Florida Game and Fresh Water Fish Commission. He served az the of difficulty, principal draftsman to the ad hoc working group that drafted the Bert J. Harris, Jr., Private Property Rights Protection Act. This article is submitted on behalf of the Environmental and Land Use Law Section, Mary F. Smallwood, chair, Sid F. Anzbacher, editor, and Bob Fingar, special editor. 18 THE FLORIDA BAR JOURNAL/OCTOBER 1995 June 6, 1996 Delray Beach Historic Preservation Board Chairman Jon Vaughn City Hall 100 Northwest First Avenue Delray Beach, F1 33444 Dear Chairman Vaughn, This letter is in support of the proposed South Ocean Boulevard Historic District that will soon be before your Board. It is important for you to remind yourself that newer and bigger is not always best for a community. And that is the question you must decide...What is i~ the best interest for our community, our Village by the Sea? I suggest to you that establishing this Historic District and saving the wonderful houses that are there, will be much more bene- ficial to our City than the alternative. The acclaimation and rewards for such a decision would ring thruout the preservation world. Our Delray Historic Districts have been a significant factor in Delray's successful Redevelopment. Years ago those of us working toward this dream called it a "Renaissance", a rebirth of Delray Beach that would build on its past. This beachside District would continue the momentum. It would also preserve yet another part of not only Delray's history, but also some architectual and social history of South Florida. The recent remodeling and upgrading at the Nisbet House, at 501 South Ocean Boulevard, is the perfect example of what can be done tO ~hese historic homes. ~has remained a charming and quaint hint of the past, yet has been improved to acconfdate the present. This is what Delray Beach is all about, }~ow can anyone continue to allow such valuable homes be destroyed with the flip of an ignition switch on a bulldozer? Thank you for your consideration in voting to protect Delray Beach's and South Florida's historical remnants. Sincerely, Ann Merlau Fulton cc: City Manager City Commission June 7, 1996 65 Palm Square Historic Preservation Board It is not only the preservationists who are disturbed by these non-descript, unsuitable houses (most are for re-sale) that are appearing in all neighborhoods throughout the city but many citizens whose property fights are invaded by these huge windowless walls of homes and unattractive fences. The residents are beginning to call for stricter zoning, more appropriate setbacks and an architectural review board throughout the city. There may be rules of English Law referred to by some, but this is America, a democracy where all persons rights need to be observed. And the man next to the castle should be protected as well as the owner of the castle no matter when or what part of our city, he doesn't deserve to have the character of his neighborhood and his city changed for the economic betterment of the few. Please consider the character of the whole town and the precious few historic homes we have here when you make your decision. A vote for the South Ocean Boulevard Historic District will be the mining point in saving our important historic neighborhoods. Sine?ely, Alieda N. Riley cc: The Mayor and City Commissioners ~[ANNING & ZONIN~ Aiieda R. Maron June 7, 1996 Historic Preservation Board: I spent the first 18 years of my life at 511 S. Ocean Blvd. I am currently a property owner in the Marina Historic District. My grandmother, Carolyn Hempstead Riley, lived with us and taught us a respect for history. She was a descendent of Joshua Hernpstead who built the Hempstead House in New London, Conn., in 1680. She also was one of the heirs who gave the house to the Historic Society of Connecticut who have opened it as a museum. If we don't preserve some of Florida's historic sites, there will be no sense of history here. Please vote yes to establishing a historic district on South Ocean Boulevard. Sincerely, Alieda R. Maron cc: The Mayor and City Commissioners Sune 7, 1996 Historic Preservation Board: I am writing in support of the establishment of the South Ocean Boulevard Historic District, including all houses and lots from 501 through 701 South Ocean Boulevard on the east side of A1A only. I believe the establishment of this district will be a turning point in saving our important beachfi-ont historic neighborhoods. Sincerely ~ N. Monty Riley cc: The Mayor and City Commissioners JUN 7 1~o ;~'?LANNING & ZONIUG F) .01 Jun-06-96 01: 20P Post-it' Fax Note 7671 p~ne · P~o~e Virginia's Economy ~ and Historic Preservation: The Impact of Preservation .:..,.~. on Jobs, Business, -.~-'~.~,~. . .. ~ ~ ... ' ~'- and Commun i~NNII~G & ZONII~G Jun-06-96 O1:21~ ~.02 PROPERTY VALUES Across Virginia thousands of historic propert;.es are located in local Historic D~stricts. Property owners often ask, "Will being in this historic district adversely affect my property's value." Here is what we have learned: From Shockoe Slip in Richmond: "[B]etween 1980 and 1990, the "FirSt, state an0 fe0eral assessment ;oral made a quantum leap upward by 245 percent, from $23,'.,35,$86 to $56,761,000. Citywide the aggregate value of real designations cloudy ta.~e estate increased by 6.9 percen:" The Importance of.r'Iistoric Preser- rio existing value from ration ir, Dou'.~ town Richmond: Shockoe Slip Area, A Case Study. designated properties. From Fredericksburg: "These findings indicate :hat properties Secotqd, Ioca~ real estate within Fredericksburg's historic distric: gained appreciably more in value over the last 20 ye'ars '~han proper:les located elsewhere in markets show no the city" T, he Economic Benefits of Preser:'ing Com.w, un~t), Charcc. ~iscefBib[e trend tcwaro ter Fredericksburg. Virginia Case Stud.~: s:ngling out designated I .:.i.CH GE IN PROPERTY VALUES 1987.1995 landmarks as less .. Commercial de , aUe than s,m,, r Non HiStoric District 25.0,,o Property undesignated properties." The Financial Impact ~f ~"'~"~;;':, In Staunton Hisrodc Designation Newlown Historic District Q?.7% .; 44..5% 56.0% 256% Again from Richmond: "The apprecia'.ion of renovated historic prop- erties is subs~antia',ly greater than tko appreciation rates for new construc:ion and unrestored h!storic properries...The per square footage value of the renovated properties is S21 a square foot greater th. an that of new construction." The Importance of Historic Preset. nation in Dow~.town Richmond: Franklin Street, A Ccse Smd)', Aaqd in Staunton where we took a derailed look in the preparation : of this study: Between 1987 and 1995 Staunton residential proper- Jun-06-96 O~ :22P P.03 ties not located within a historic distr:ct apprec:ated an average .51.1 percent - certainly a healthy .~rowth in value. But residential properties in every one of Staunton's h~stor/c districts apprecia:ed a: an even thster rate, ran~ng from 51.9 percent to 66.0 percent over that pemod. On the commercial s:de the differences were even more dramat:c. - Non-hist, eric commerc:al property appreciated on average only 8.8 "Between 1971 an0 1990, percent over the eight-year period. A~erage rates of appreciation cf residential properties in c.~mmercial properties in the hlstoc:c districts ranged fi'cra 25.2 percent to an astounding 256.4 percent the historic district increased in value by an (~(~]~'I[~ PROPF. JIIY -- 1987-1995 average of 674 percent, ~vhile residemial ~~ Residential properties located S~.a% Property in Staunton elsewhere in the city 51.9% increased in value by an average 410 percent. S4.~% Comrnercia! property insiCe the district :62.8% increase{: by an ~verage 480 percent, and ;66.0% cornmercia[ prope,i'y ., outside the district Staunron was chosen because of i".s five his:o.dc districts and als.'.. increased by an average because :he er<ce!lent computerization of its assessment recc, r:Is al lowed for appropriate analysis. X~.."k. at was most inte:'es.'.~ng 281 percent." the Staunton analys~_~ was the breadth of housing stock thor was The Econom;c Benefits of affected. In :wo ortho four historic districts that included resld._-n- rial pr%)ert/es, the average value of a house ;8,51.543 and :~.~4,694 Preserving Community was, in fact, lower than the average value of a Scau::t~n non-his. Character, Fredericksburg, toric house ~$71,395:.. This further dispels the myth that houses are only mansions for the rich. Staunton's hi~toFic districts Virginia Case Study not on~;,: provide quality housing .~c.r penple cf more modest means, but reward them with faster rates of appreciation as welt. Certainly .~ot every historic district in every community can expect values to climb at these ra~es. But the claim that his:or~c district desig.,ation somehow reduces property values is simply a claim w-lib no basis in fhct wha,,soever. Increasingly '.he marketplace recog- nizes both the short and long term. economic value of hell:age prr, p- erties, gaud this is paying dividends to the o~ ncrs of',"irgdn[a'~ toric buildings. Jun-06-96 01:24P P.04 xver~ge or CONCLUSIONS esidentia] ~preciated \qrginia has a history that dates back over 10,000 years to the first 0 percent settlements of Native Americans. Virginians have been involved in preserving that heritage since the 1850s and the pioneering efforts of the Mount Vernon Ladies Association to save George Washington's dramatic, home. When you say ~rginia" many people think of history; It is e only-8.8 our hope that information inV~rginia's Economy and Historic Pres. This further Oispels the .~cia:ion of ervation demonstrates that the preservation of our past is critical from 25.2 not only to the Commonwealth's sense ofplace, but to its economic ~Byth that historic hous6s health as well. are only mansions for the [-[istoric preservation is not an a~ternative to economic Erowth but ;iCl1. [995 . key oompo.ent or it. '.iai New businesses and new jobs as par~ of¥2rginm's Main Street Pro- [~y g'ram represent economic developmen~ w~t~nn the centex: of his- teac preservation. '~ "The renovation o? Good jobs and millions of dollars in hc, usehold incomes are orca:ed by' the rehabi!itation of V:.rg~nia's h~storic bui!dings, architecturally an~ historically significant Visitors corn:rig to see 'vlrginis's vast inventory, of h~storic sites ~dd their dollars to X/qrginia's economy, structures on Fran~(iin ):!iii Hundreds of thousands of Virginians make their homes in our older Street throughout --[ and historic structures- a housing stock that would take billions tc Richmond has contributed ,i~i!1 replace, significantly to the Property values cf historic properties and '~thin 'mstoric dist~cts ec0~0mic prosaerit,/of and also often significantly out-perform a community's real estate appreaa- the city as well as to the ~c¢,rds ~.1- tion rate a9 a who[e, benefiting VSrginians of eve.~' economic status. r.k:: about sDecial qualities of I;fe that that ~vas The questions should never again be freer, ed, "Historic prese~'a- mak~ Richmond a unique res[den- tion or economic growth.~ Historic preservation is economic grog'ch $64,694} and (t is profiting Virginia's economy every day. CJI~." non-his- The Importance of t historic Historic Preserva,'.ion in di.~tHcts ,t means, Downtown Richmond: Franklin Street: A Case lit exgect SIud.v c district aim with ce recog- ~ge prop- " nia'z his- dun-06-96 O] :25P P.05 Prese ation raises'values; ; '.'. ' '' '~' ' "~:~''l "~' Protect'on ra~es. ~rket p~ce& ~mdy says , ..~ ' ' -0 - * '-- ~ .... ~' .AVE~GE~T%E~T FAIR M~KET VALUE'~NCR~SE Prese atmn .rinses-values ~ I ~8 Ir 60 7 ~b~ ~.~ ,udecid~6 I~kt~oi~l.b~dld ]~cre.ed 44 9~ pe~CeOl belwe~u ~J~ ~. ' b ~ ~. I ~m~ 1 ~fl~tlslon ~em~er DIC~ Field. ~les ~ Mid ~ ~U ~ bislvrlc, b~l wb~o 7iv ~ec.ure e8 f~deruion of ~eilhbothoo~l~ . (OiJ~ lifo o( ~eml bi~b ~ si thio I' ..~ O~17 did ~Ot ~ ~ ~L ~l ~d ecu ~m ~ ~ Th~ Ob~er~, wis aoib'.e lo ' lies ou to etpiiie: *~l Ol~mlkJd, HIIJ Streel lsd ': Mrc~ IbM b Sm ~ t~ ~ J Desi~nation of tine Ocean Beach Historic District (~rea south oF 6th Street) Ci~ Commission Meetin~s To Discuss: Ocean ~ch Hi,ode D;st~, Is~ Readln~- Wed. Jan. ~4~h 11:~ ~ ~nd Re~di~- ~ed. F~. 7th 5:01 P~. Ci~ Commission Chambers, Miami Beach Ci~ Hall 1700 Convention Center Drive Banal:its of Historic Preservation include... · Current anaJyses cf cwner-cc=',pie~ Miami Beach residential propertie', su:.!]est that location w/thin or proximil¥ to a certified historic district produce'- an increase in sale price, even though cwner-cczul~ie:J I~rolmerb' does nc: qual,g/for Federal rehaYJi:atian tax c:edit$. This efrec: s a resu!t cf tF.e "sta~,l.zmg" of the surround!n~ neig%a:haods via h,slcri: standa:ds. Pre ;mira~' studies show that tes,~ent,all),.zoned vacant la;s located in Federal historic ~!s:nc:s ~t:rac:ed a ~r Ce ~re'niu~ Cf as much as 1~1%. * A review o; :hi~-seve~ build;n~s located ,,,,ithir. locally de:ignored Miami ~¢ech histc:r:c ~ains in sale price premiums ranqe t:ram '17 to :36 percent compared to similar pro~erties located outside of the districts. · IN'aw c:nstruction approved fer t~e Historic Dist'ict ~ein[arces and maintains the spec.:at character o[ the nei,~hborkood. E.x,sdr, g buildin,as in the :ro~ose~ C)cean Bea:h ~ister,: Dist:ict can entcc new proi¢c:s surreundin] the Distric: to Ice sensitive ',~ :he nei:~hbo~hood ~nd ~romo~e compatible des ~ns un'e: Ihe C.b"s Desisn ~ulde!ines that ,,,,ould not ~Ii~: :he s~ec.,~l '.h,~r~cte: o~ :he area. · The presti~.e ot i/ring in an h~stcric d~s~ic: is a r_.os~tive erie:! of hlltoric dis:rio: c'esignalion. ~A, ~ecent re"view o[ re,~l estate buyer opinion illustrates a willingness of uplmer-end sin]la and multi-family home buyers :o p,~y a gre~ter ~:em.:um ,%r I[v[ns in de:i~na:ed hL~todc di:tric:s. · R~iden.'s of historic districts ~,*ve the assur,~nce that an), ~uture ne'w construe:ion w~ll respect the character that attracted them :o :he area. Please attend this important meetim] ,~nd support the desi~n,~tion Ocean Beach...wher¢ Miami Beach was born[ Miami ':)esi!Bn Prese-,,ation Le.,~jue Post Olfice Bo~ 1901130 Mi.~mi Beach, FIo-ida 33119-0150 (:]05) ~79.~O'4 ,IUN 6 1996 r~!.ANNING & ZONING PLFINNIN6 8 ZONING Fax:3056737559 ]un 6 '96 11:25 P. 02/13 i. JUN 6 199'o 06/86,'1996 10:58 4072763229 ~A,6~_ 81 Pm¢~ A. PAT~O~ 1020 TAlvL,XRIND ROAD D~L~^'~ B~ACH FLORIDA, 33483 June 6, 1996 To: Chairman Jon Vaughn and Members of the Historic Preservation Board From: Price A. Patton, 1020 Tamarind Road Please be advised that ! received the aotice of the l~blic Hearing on the proposed South Ocean Boulevard Historic District yesterday and I firefly endorse the creation of' this district. As a property holder and tax pay¢~ here in Seagate, I recognize the tremendous loss we have experienced in the recent destruction of'historic structures here. Please take this first step in reversing this trend and allow Delray Beach to maintain its "village by the sea" character. I would be happy to have my Street, Tamarind Road, studied as an historic district at some point in the near future. CC: Mayor Jay Alperin and Members of the D~It'ay Beach City Cotntrfission Patricia Cayce, Historic Preservation Plann~ '~.,~ ,II, IN 6 1996 PLANNING & ZONING F,z,v ~. L,~.,.~,Jer do. I eH i 2. t. or i,:o. I ~,0546544~,4 P. O; 219 SOLrTHWE.$T SECOND AVENUE · RO, BOX 1R.0q.3 · FORT LAUDERDAI.E, FL 33302 ,, (gSni.} 463-443! June 3, 1996 Ma. Jon Vaughn, Chairman Delray Beach Preservation Board City Hall 100 N.W, First Avenue Delray Beach, Florida 33444 D cj-;3,<. .. I am writing to convey the support of this orgmfization for the creatJor! of the South Ocean Boulevard Historic District in Delray Beach. Too many of Soulh Florida's historic structures already have been lost. This is particalarly true on or near the beachfiont. Historic districts area proven method of preserving the tangible elements of our past, Fort Lauderdale's two historic districts, for example, have not only protected nuraerous landmarks against unnecessary destruction, but also have been. the catalyst for economic development. Furthermore, the retention of the Unique ehm'acter of the past sustains the quality of life in our rapidly-developing region and makes South Florida more attractive to our n~any visitors. The creation of the South Ocean Boulevard Historic District is an action that will benefit Delray Beach. Executive Director cc: Mayor Jay Alperin JUN $ 1996 City Manager David Hardea PI_^NN~NG & ZONING ;211 THE PALM BEACH POST WEDNESDAY, MAY 29, 1996 s - PreservationistS" baCk, owner fears historic tag By ANNE L. BOLES faces, Datura and Narcissus, the Palm Beach Post Staff Wdter arcade was designed in 1925 with WEST PALM BEACH -- For storefronts and a grand entrance the first time, historic preserva- on Datura Street, city staff told the tionists are recommending a his- preservation board. toric tag against a property own- But that entrance is gone, part er's wishes, of the building is covered with a The ornate, flowery facade on modem metal grate and the ar- Fidelity Federal Savings Bank's cade's interior is now storage downtown building is prized by space, said Sherry Anderson, an Mayor Nancy Graham. But ex- architectural historian hired by the perts hired by the thrift told the thrift. city's Historic Preservation Board Fidelity Federal owns most of Tuesday that it is too badly de- that block and hopes to sell it to.a faced to deserve listing in either developer. But its plans for the local or national historic regis- 275,000 square feet of office and ters. hotel space were filed on the eve The board voted 5-1 to recom- of a March 12 referendum, when mend listing the property on the voters chose to limit waterfront local register, pending city com- building heights to 15 stories. missioners' approval. The thrift opposes the historic The thrift filed plans to erect tag because it would make it more twin 15-story towers on Narcissus difficult to change the building, Avenue between Datura and said the bank's attorney, .Ronald Evemia streets. That would re- Kolins. Kolins urged the board to quire demolishing the building, reject the city's petition, saying it once known as the Da-Na-Ra Ar- wasn't the last or best example of cade. Mediterranean revival architec- Named for the two streets it ture. JUN 8 1996 PLANNING & ZONING ~',- 222A ' THE PALM BEACH POST SATURDAY, MAY 25, 1996 s ") The. Palm Beach Post TOM GIUFFRIDA, Publisher EDWARD SEARS, Editor LON DAN~J-qON, General Manager .. - TOM O'HARA, M~naging Editer RANDY SCHULTZ, Editor of the Editorial Page JAN Tu~OOD, Associate Editor ALAN FERGUSON, YP Advertising LARRY SIEDLIK, FP 6~ Treasurer GALE HOWDEN, Director, Communiey Relations TOM H]GI-IF~IJ~, FP Circulation LINDA MURPHY, Director, Human Resources KEN WALTERS, Director, ,Marketing and Research Vote on Scott property rebuff to speculators ~l or now, people who had been lll worrying that the Palm BeachThe owner may sue '~ County Commission would open the AgricultUral Reserve for. develop- Palm Beach County ment can worry less about the commis- sion and more about the courts, under the misguided Last week, the commission voted 6- property-rights act. 0, with Carol Roberts absent, to deny a change in the county's long-range plan that would have allowed J. Clinton Scott . to build too many hOuses on property house for every 10 acres. I/e owns in the Ag Reserve. Mr. Scott The Ag Reserve is 20,500 acres of says he will challenge the county's farmland between Lantana and Clint decision using a 1995 state law requir- Moore roads west of Florida's Turn- ihg that property owners be compensat- ~ pike. If the county commission had let ed when governmental decisions lower Mr. Scott put 358 houses on his 120 the value of their land. acres --'instead of the maximum 119 A court fight could be messy. The under current rules ~ other property misguided law -- the Bert Harris Prop- owners in the reserve, would have de- erty Rights Act ~ is new and vague, manded the same thing. In addition to '.Not only is there no case law on the the sheer annoyance of added crOwding, Subject, every little nuance will have to taxpayers .would have -had to spend .be litigated. For the next. decade or several hundred million dollars to subsi- longer, local governments will have to dize schools and other services that spend millions defending growth man- would be required. · agement rules from land speculators. The unanimous vote against in- '~Too bad lawmakers decided to put that creased Ag Reserve development was finandal burden on taxpayers, welcome and surprising. Commission- Palm Beach County will argue first ers have been under pressure from that the law doesn't even apply in this developers -- who usually also are case. If the law is found to apply, the heavy contributors -- to give in. county will argue that the commission If Mr. Scott notifies the county that hasn't done anything since the law went he intends to sue, the law sets aside a 'into effect to reduce the value of Mr. six-month peri, od for negotiations. But .Scott's property. That argument i.s the cgunty dOesn't h..aye room to com- 'sound. If anything, the county increased promise. Commissioners should stick the value last year by allowing one with their derision and force Mr. Scott house for every 5 acres instead of one to try his luck in court. HOW ~ANTUCK~'~ STAYS · ;! price of an island is eternal vigilance," said .,-~. '~ Walter Beinecke (S&H Green Stamps), whose prese~wation efforts in the '60s result- _ ed ~n the rigorous codes stipulating that buildings be covered with gray sl~ingles, colors of doors be resnTicted and high-rises be ba~med. Preservaton ~-oups~hded by a 2 percent tax on eve~V land sale on the watch, working to ~ncrease the island's protected land from 42 percent to more than 50 percent. Even so, there's ~-eat debate about the building boom, the crowds m town, beach use mad., especially, the enormous trophy houses that don't fit the island's aesthetic. "Those who dislike Nantucket leave it," explains Hammie Heard. "Those who love it s%, and work to keep it wonder'nil' For ,~ore iq/-ormation, con. tact the Nantuchet I~tat~d Commerce at (50,5') 228-1700. p!;ANNING & ZONING- Nedra Pickard H. Anargyros 2503 Clay Street San Francisco, CA 94115 May29, 1996 Mr. John Vaughn, Chairman Defray Beach Preservation Board 100 N.W. First Avenue Defray Beach, Florida 33444 Dear Mr. Vaughn, I have s e~.n~y, many winters of my life in Defray, starting in the 1920's when my grandmother-l~"a~t'l~6'Pickard cottage on Salina Avenue, behind what is now Boston's. I also attended school, which is now Old School Square. For the past several years, I stay the month of May in the small Inn overlooking your city beach and beautiful Atlantic Ocean. I was very distressed during this visit, to hear about the destruction of one historic house, south of Seagate, and the possibility of losing even more in the future. I urge the city leaders to preserve this area and many other historic structures east of the waterway. I commend you on your preservation efforts west of the waterway and hope you will continue with vigilance. Defray is fortunate to have a history, charm and unique architecture that many South Florida towns envy. This draws people here consciously or unconsciously. You will be wise to capitalize on these wonderful attributes. Very truly yours, Nedra Anargyros cc: Mayor Jay Alperin .. City Commissioners M embersofPreservafionBoard ~~.~% PRIVATE INVESTIGATIVE AGENCY 38 SOUTH SWlNTON AVENUE OELRAY BEACH, FLORIDA 33444 ~ May 30, 1996 (407) 278-9565 Virginia Snyder ~.~ ~ West Palm Beach (407) 734-3111 K. Wayne Campbell Fax (407) 243-2635 Ross S. Snyder Chairman John Vaughn Historic Preservation Board Me~ers City Hall 100 N. W. First AvenUe~ Delray Beach, FL 33444 Dear Board: We strongly support the effort to preserve the beach area's historic homes, especially those on the east side of South Ocean Boulevard just south of the Seagate Club. If we are truly concerned about preserving our' "village-by-the- sea~ atmosphere, we should make more of an effort to preserve ALL of our older b~ildings, "Castles" such as those being built now on South Ocean Boule- vard by Frank McKinney are not in keeping with Delray Beach's past image or it's plans for the future, in my opinion. Sincerely, Virginia Snyder cc: Mayor and Commissioners City Manager David Harden SINCE 1976 WILLIAM T. BLACK BRIDLESPUR FARM K£SWICK, VIRGINIA 22947 ~ mANNING & zoNiN~ ~ MRS. JAMES G. ALFRING 701 SOIJTH OCEAN BOULEVARD DELRAY BEACH, FL 33483-6635 May 17, 1996 Ms. Patricia Cayce City of Delray Beach Historic Preservation Board 100 N.W. 1st Ave. Delray Beach, FL 33444 Dear Ms. Cayce: I am the owner of the property at 701 South Ocean Boulevard, which my husband and I purchased in 1963 and where we have been living since that time. Our house is one of the four remaining houses in the proposed Historic District. I understand that the owners of three remaining houses are opposed to the inclusion of their properties in the proposed Historic District. And, by this letter I want to advise you and the Board that I am strongly opposed to the inclusion of my property in the District. About three years ago my late husband and I became concerned about the development along the ocean front and suggested to representatives of the Historic Board that appropriate action be taken to preserve the character of the beach property as it was at that time. No action was taken. Since then the property (611 South Ocean Boulevard) immediately to the north of my property has been sold and a large new residence is in the process of construction. Also the residence, formerly 601 South Ocean Boulevard, was sold and the house torn down. From my standpoint the damage has been done and this section of the beach has little or no historic significance. In view of these developments, I am opposed to the creation of a Historic District and believe that the Zoning Commission of Delray Beach should provide my property with adequate protection. Sincerely yours, Mary Ella Alfring nt. xv~ w,',~r'~ [~{~[~l~J[ J} cc: Members of Historic ~d 1996 Mayor Jay Al~fin ~NNING a g~l~ 921 SOUTH 0GEAN BOULEVARD DEL}~Y BEACH, FLOI~A 33488 277 Southeast 4th Avenue Delray Beach, Florida 33483 Dear Ms. Oster: I am writing to protest the proposed designation of a part of my neighborhood a~ a ~storic Preservation ~str~ct. I understand there w~ll be a pubi~c ~eet~ng c~nvened on June 19 to discuss this. ~y has there been no focal official notice of this meeting? ~y is ~he meeting scheduled fo.r June 19th when the ~jority of affected property o~ers have left Delray for the su~er? I was pre se~t at a similar meeting abo~t two years ago at the Seagate Club when this proposal was met with strong opposition. ~y has this hare-brained scheme been revived? Our neighborhood is not historic since most houses were built after World War II. It does. not need preservation because all home-oEers keep their property in top condition including landscaping. But the neighborhood is undergoing a transition to larger and more modern homes. Is ~his the cause for the rejuvenation of the Historic district idea? Is it a subterfuge to by-pass the building and zoning laws that are in place' and have been for years? My la~ers have advised me of a Supreme Court decision that found that property oEers damaged by governmental taking of their property by regulation must be compensated for any loss of value by the governmental body involved. If the info~ation I have received is accurate, this so-called Historic District would severely damage my property values and I and my neighbors would seek monetary redress. Finally, the aura of secrecy surrounding this pro~sed move by the Historic Preservation Board see~ Co hint that there ~':-:'i are motives by individuals other than historic. If this is :.~,:ii[i!ii~!::i the case, individuals on these Boards could be personally liable for d~ges to the value of ~ property. Please res~nd to me by letter at 921 South Ocean Boulevard, Delray or by phone at 272-3818. Sincerely, G~: cp DEVITT, THISTLE & DEVlTT, P.A. t,t/~Y 17 !996 ZONING 3o PLANNING & DELRAY BEACH, FLORIDA 33483 Established in 1923 FRED B. DEVITT, JR.* RHEA WHITLEY (m903-1968) J. JEFFREY THISTLE TELEPHONe (407) ~76-7436 C.Y. BYRD {i900-1985) FRED B. DEVITT, III FACSIMILE (407) GEORGE A. RUSZAT 'ALSO ADMITTED IN VIRGINIA CERTIFIED FINANCIAL P~NNER TO: Historic Preservation Board: John Vaughan, Chairman; Julie Morgan, John Johnson, Debra Turner, Susan Hurlburt, Pat Golembe, and Vera Farrington FROM: Fred B. Devitt, Jr. DATE: May 15, 1996 RE: Proposed Historic District Dear Board Members: I attended the "emergency" meeting at City Hall on February 3, 1996, at 6:00 p.m. wherein the Historic Preservation Board considered the request to declare the six homesites south of the Seagate Club a new historic district. I live a few houses south of the proposed district and I am opposed to its creation because it is apparent it is the first step in attempting to march southward with the same economically devastating concept. I believe you are going to find that all of the property owners on the Ocean with single family homes will be writing and objecting to the creation for various reasons which they will specify. Enclosed for your information is an article from the Wall Street Journal dated October 26, 1995 concerning property rights in Florida and a copy of the Florida Bar Journal October 1995 article also addressing the new private property rights law. I encourage you to read and become familiar with this as this proposed plan proceeds. Very truly yours, ~~ B. D~iI~ & DEVITT, P.A. FBDjr/sw Enclosures Presenc, ' Right L S d New Property- . s aw en s CityPlannersSeramblingf°rCover St~lRe~.erolVag WA~ S~z~ Jou~ HOW the ~w Wo~s ~oflda's new p~pe~y-~ghts law Is A look at Rodda's new prope~-ri~hts law: o~y 25 days old. But its lmpac~ Is al~y e~dent In clttes ~d co.ties ~u~out ' O Guve~nmenl pa~es a may be ordered later to O Il no se~lemenl is ~e s~te. new reoulaUon, such as a pay ~e oovemmenrs reached, the landowner Consider: height rest~on or a a~omey fees.) ~n bring the ~se to cir- . ~ FoA ~ude~ale, the law h~ made stiller zonin0 code. ' ............................................... cuit couP. ~flstopher Wren, the cl~'s manager of ............................ : .................... plann~g ~d tuning, ~luctant to endome . O Once the case is in cic- a nelghborh~ ~s~lation's r~uest to re- cult couP, a ju~ must · st~ct commercial development. He is cide whatthelandowner afraid th~'law-wMch mak~ It e~ler for should be paid. landownem to receive ~m~nsatton for re~lations ~at restrict the ~e of their pmpe~y-~d l~d the ciW in co~, ~e new law, Mr, W~n sa~,*"has handc~fed me from doing what I ~nsider proper plann~g." · Palm Beach Co~ officials have backed away from a pl~ ~at would have *~ o~n space In some fa~ a~as,. . /egetable fa~em complaln~ that the plan reduc~ ~e value of ~e~ pm~r* ties. · In Deland, a histo~c-prese~ation boa~ put off pla~ for a new historic dis- trict after a city attorney warn~ the ~ard that the plans could t~gger a pmpe~y- rights lawsuit. "I don't think there's any question l~al governments have b~ome more careful about their actions and taken into accost the pmperW*~gh~" law, says Ro~ ~es, a pa~ner ~ ~he TMlah~ office of Steel Hector & Da~s who heip~ draft "The dark side of th~ thug ~ not really sating landownem. But ~ny of them en- the pm~sal on which the n~w law ls b~L what Ithe act] says, but how ~ple are do~ the compromise as a way to avoid "The staffs a~ ~ally dealing with the bastard~ing it," ~mplains Richa~ mote Draconian measure being p~hed pmpe~yimplicattons~theyworkupo~l- Gmsso, a lawyer for I,~ ~ends of by the inc~asingly ~pular nances." ~oflda, a Tall~e~based en~mnmen- *flgh~ movement, such as having the ~ew Just as Pl~n~ tal ~oup. act cover re~lattons already in place. Pro~nents, of coume, say this is pre* ~, what d~s the law say? , - ~at's more, the law exclud~ such ctsely what the law is su~sed to do-force It essentially extends ~e rights of prop- common government effo~s ~ building I~ai officials to co~ider the c~t of their erW ownem to ~ com~nsated for govern* marls, preventing a public n~sance or bar- d~islons in ~e private sector, meet re~lations. ~ndownem have tradi* ~ng noxious us~ of pmpe~y. ~d it cr~ "I think it's ~ they're doing this tionaily been paid when government ta~es at~ a len~hy p~ess for ~aking a analysis," says Wade Hopping, a Tallahas* away their pmpeAy. But the pm~rty- claim-one that forces governments and see la~'er who rep~sents business inter- ~ghts act, fashion~ this spring as a corn- land~e~ into negotiations that can last ~sts on environmental issues and helped promise between b~in~s and en~ron- six months and ~nallze either side if they lraft the prope~y-righ~ act, known as the mental ~oups, r~uires governments to don't accept reasonable offe~ to settle. ~ivate Prope~ Rights ~t~tion Act. "A com~nsate lando~em who sift) can use ~ecisely how much a l~al government mmber of I~ gove~men~ were getting their p~, but ~ar such an "inordi* wo~d owe a landowner under the law t little cavalier, and I think this ts ~nd of hate bu~en" of a new ~latlon that their big un.own. ~al plannem would [imt ~ving them a reality ch~" pmpe~y loses value, have to fibre out which landownem are al* But othem are dismayS, insisting that ~a) government officials and environ* fect~ by a particul~ d~ision, and ~en ~ai officials are ~ning scar~, making mentalists ar~ed the law might stifle get an appraisal of how much pmpe~y adlr }edeclslo~outofanoverblown ne~ed relation as strapped l~alities value wo~d be Iost-a step no city ~ar o. ~g sued. sh~ed away from the expense o~ compen* PZease ~tm to ~ffe F3, Cohtmn FLORIDA JOURNAL. Property Law Has Planners Scrambling Continued Prom Page Fl After receiving a request to change the ings and single-family homes. value would be Iost-a step no city has zoning of one piece o! property from light Meanwhile, in Broward County, tagen yet. industrial to a mix of residenUal and com- lawyers plan to review a draft overhaul o! And clearly, many cities don't want to." merciai uses, they decided to consider a the residential zoning code to spot xvhere ... · The situaUon in Palm Beach County is similar change across a wider area near landowners might have a claim under the Ulustratlve. ' the county's southern extreme, new act. ,-.. While legislators in Tallahassee were But in neighborhood meetings and in "If we encounter something that. may debating properly rights, Palm Beach their own strategy sessions over the sum- be*a potenUal problem, that's something c. ounty commissioners had been working mer. county planners decided that some of .we may consider not going ahead with," :~ .. on a plan to preserve open space ln a farm* theirideas-suchuexpandlngresidenUal.' says Soraya. Kasper, an assistant county lng area east of the Everglades known as zoning-"were not totally viable because attorney. .,. . . the Agriculture Reserve. It was to be a two- . of property rights," says Carol Clarke, the A Long Wait ' pronged approach: The county would first county's director of planning, permitUng .. lower the allowable number of homes per a~d inspections. They are currently pursu- And on Florida's west coast, Charlotte acre, from one for every acre o! land to one lng a more modest approach. County Commissioner Max Fan-ell is back- for every five acres. It would then pay a "You're afraid to do anything because lng away from any fighter zoning restric*, lump sum to farmers who agreed not to ' any changes, even positive changes, will' tions. "Down-zoning before the property- build at ail. cost you, because it may have an adverse fights act had some question marks by it," . - But several vegetable, farmers, who are impact On a few," says Mark Barnebey, a he says. "But with the property-rights act, : the region's biggest landowners, felt the senior assistant county attorney in Mans- it's gotten to a point where I won't vote to ~lan would shortchange them. The new tee. "With your major rules, you may end do it until some of this is sorted out." building restrictions, Given the lengthy they argued, would df- dispute process built minish their property into the laws, that values, could take years. And · "This was a per- that h~ a number of fect example of what a ciUzens, such as Sims county ought not to be Kllne, disappointed. able to do to its*resi- Mr. Kline, a Ii- ~.. · dents," says Gary brarian who chairs Brandenburg, a Deland's Historic lawyer .who repre- Preservation Board, 'qted the landown- has dreamed for '.'j "The county was years of expanding ,.;,/nning to take away the city's historic- p~pie's property protection efforts rights without paying into one of its oldest them fair value." ~eighborhoods, Nevertheless, the where stately Vlcto- argument went rian homes already nowhere-at first, are on the National Then, after Gov. Law- Register of Historic ton Chiles signed the Places. new property-rights law in May, assistant up bronzing your code essentially." But Deland's cit~ attorney, citing the county attorney Bob Banks wrote a legal One of the reasons local planners are so potential of a property-rights lawsuit, per- opinion warning commissioners that the cautious is that the law is vague. For the suaded the preservation board over the county's plan might trigger a demand [or act to be invoked, a new government regu- summer to abandon, at least tot now, plans compensation under the new law, poten- lation must impose an "inordinate bur- [or a new historic district that would have .. tially putting the county on the hook [or an den" on the property owner. What's an in- imposed restrictions on ~novaUOns by expensive lawsuit or millions oi dollars in ordinate burden? The bill outlines some hpmeowners. damages. (Although the law didn't take el- criteria lot that, but even lawyers who The city's attgrney doesn't think offi- fect until Oct. 1, it applies to local develop- worked on the act say the defi~lition will eiais have much choice. If the board had ment rides passed after May 11, the day_ the have to be decided by the courts. And until moved ahead and been sued under the act, Legislature adjourned.) that happens, the safest approach is to as- legal costs could have reached $10,000 to By summer, county commissioners, cit- sume the worst. $20,000, he says. And a loss in court would lng the potential lawsuits, were negotiat- So although Mr. Arline of the Depart- have been much costlier. lng a new deal with the farmers. What merit of Community Affairs thinks the The result, Mr. Kline says, is that he emerged last month-and is still awaiting farmers in Palm Beach County would be can't win support tO even begin drafting a state approval-was a plan that left the old unable to prove their case, Mr. Banks, the proposed ordinance. "We are in a period of zoning almost entirely intact, a concession assistant county attorney, isn't so sure. some drift here," he says. some say was unnecessary. "Given the uncharted law that it is, Ironically, almost lost in the sound of Fears in Manatee when you're advising the board, you can't city planners running away from their "I tried to talk the county attorney out give the recommendation that this isn't go- plans is a complaint from {andowners: The of it," says Ten'ell Arline, an assistant lng to effect them at all," Mr. Banks says. property-fights act, they say, doesn't go general counsel at the Department of Com- Others agree, and are urging caution, far enough. ~ munity Affairs, which reviews local plan: In Hollywood, Planning Director Jud "The new statute is illusory," says ning decisions under Florida's growth- Kurlaneheek is telling the city's citizen ad- Mark Sachs, a Tampa lawyer who works management laws. "But he couldn't give visory panels, some of which are currently exclusively for landowners. "The meeha- 1- ~}ient$ a 100'7o guarantee that they re-evaluating Hollywood's land-planning nism for challenging new regulations is ffn't get sued." rules, not to recommend such new restric- very cumbersome. I think it's a crack in the ~uch fears have also haunted planners tions as lower height limits on highrrises or armor, not any great shakes for property in Manatee County. wider buffers between apartment build- rights." Florida's New Law to Protect Private Property Rights by David L. Powell, Robert M. Rhodes, and Dan R. Stengle O n May 18 Governor growth management programs. The Study Commission II.4 It proposed new Lawtoa Chiles signed law protects landowners against some nonlitigation remedies for landowners? into law landmark legis- regulatory actions which do not rise to but its recommendations were not acted lation~ which creates a the level of a taking, but it is more on by the legislature in 1994. Instead, new cause of action to provide judicial limited in scope than the property a citizen's initiative campaign proposed relief for landowners who suffer a ma- rights legislation considered in Florida a prin.,ate property rights ~-mend~nent jor restriction on the use of their land. in recent years. Perhaps most impor- to the Florida Constitution, but it was The law capped three years of con- tantly, it signals a change in the way removed from the ballot by the Florida tentious debate over proposed legis- government will do business with land- Supreme Court.s lation and constitutional amendments owners. It is a balanced, measured Thus, at the start of the 1995 Regu- to give landowners protection beyond response to a pressing and emotional lar Session, lawmakers had several the existing constitutional guarantee issue, property rights measures before them. against private property being taken The public policy argument over pri- Believing these measures did not strike for public use without just compensa- rate property rights has been sim- a reasonable balance, Governor Chiles tion.2 The new statute has stirred fears mering for years, but it was only in decided to prepare his own proposal. it will empty the public purse and roll 1993 that lawmakers considered the He directed Secretary Linda Loomis back decades of work to protect the matter ripe for action. The legislature Shelley of the Department of Commu- environment and manage growth, as passed a bill to set up a Study Commis- nity Affairs to convene an ad hoc work- well as concerns it will completely fail sion on Inverse Condemnation to re- lng group to draft a consensus property to protect landowners confronted by a view landowner remedies when gov- rights measure. The working group steady accumulation of regulatory pro- ernment action restricts the use of land was composed of representatives from grams, but does not amount to a taking,s local government, landowners, citizens '.)"~.. In reality, it wilI do neither. The new Governor Chiles vetoed the bill be- groups, and other constituencies. It law grants important new rights and cause he said it was tilted too far met through most of the 1995 Regular remedies to landowners while pro- toward private interests and instead Session. With only one significant tecting existing environmental and set up the Governor's Property Rights change by lawmakers,7 the bill drafted 12 THE FLORIDA BAR JOURNAL/OCTOBER 1995 by this working group was enacted utes. A variety of statutes create suci,~ with only one dissenting vote. The Harris Act rights. Among them are provisions in 'h the Local Government Comprehensive ? New Judicial Remedy createsa new cause Planning and I~nd Development Regu- The cause of action is created by the ofaction to provide lationAc~'Sthe no'daEnv o.men Bert J. Harris, Jr., Private Property Land and Water Management Act,t9 Rights Protection Act,8 named after compensation to a the statute the s face water the Highlands County legislator who landowner when the monagementregulatory progrsm,2° and has championed property rights legis- the statute creating the coastal con- lation for years. The Harris Act seeks actionsofa struction control line program? Local to provide compensation to a landowner government vesting provisions are not when the actions of a governmental governmental entity covered by the Harris ACt unless they entity impose an "inordinate burden" imposean implement a particular state statute. on his or her real property. It is in- For, e~Ample, local government corn- tended to apply to governmental ac- ~inordinateburden" prehensive plan policies and land de- tions that do not rise to the level of a onhis or her real velopment regulations that define a takingundertheFloridaorU.S, constitu- "Final local development order" or es- tions.9 property tablish when development "is con- The new judicial remedy is intended tinuing in good faith" should be coy- to protect either a landowner's "exist- ered by the new cause of action.2~ Plan lng use" or "a vested right to a specific tory principles? These foundations for policies or local regulations that codify use" of land from an action by a state, establishing vested rights are inde- equitable estoppel principles are not regional, or local government agency pendent; for purposes of the Harris covered by the Harris Act's categorical that would amount to an inordinate ACt, rights may vest under any of the protection of rights vested pursuant to burden? Therefore, in any potential bases, state statute. claim it is critical to evaluate the Equitable Estoppel. The estoppel doc- landowner's property interest in light trine is grounded in equity, and focuses Harris Act Limitations of the statutory requirements for relief, on whether it would be inequitable to The seemingly broad sweep of the allow government to repudiate its prior Harris ACt is deceptive, because the Existing Use conduct. Equitable estoppel will be ap- new judicial remedy is subject to sig- i) An "existing use" means an actual, plied to government regulation of a nificant exceptions and limitations. The .. present use or activity on the land, land use if a landowner, in good faith, Harris ACt does not apply to actions notwithstanding periods of inactivity on some act or omission of government, by the federal government, or by any normally associated with or incidental has made a substantial change in posi- governmental entity otherwise covered to the activity,u A period of inactivity tion or has incurred extensive obli- when exercising the powers of the could include land lying fallow in asso- gations and expenses, so that it would United States or its agencies through ciation with the growing of crops, be inequitable and unjust to destroy a formal federal delegation? The Hat- An "existing use" also may mean: the acquired right.~5 Each of these tis ACt does not apply to governmental [S]uch reasonably foreseeable, nonspecula- criteria has received valuable judicial actions which involve operating, main- tire land uses which are suitable for the interpretation and application,is and raining, or expanding transportation subject real property and compatible with the legislature relied solely on these facilities, and it does not affect existing adjacent land uses and which have created an existing fair market value in the prop- cases in establishing an equitable es- law regarding eminent domain relat- erty greater than the fair market value of toppel basis for vesting, lng to transportation? The Harris ACt the actual, present use or activity on the Substantive Due Process. Rights also is not intended to affect the sovereign real property? may vest for purposes of the Harris ACt immunity of government? So long as the requested use is not by applying constitutional principles Finally, and most significantly, the speculative, is suitable for the prop- of substantive due process. This stan- Harris ACt is strictly a forward-looking erty, is compatible with adjacent land dard enables the judiciary to craft a measure. It applies only to specific uses, and can be justified by an ap- constitutionally based vesting test sepa- actions of a governmental entity based praisal, and the landowner meets the rate from takings theories or remedies, on a statute enacted after the final other requirements, the landowner and distinct from equitable estoppel, adjournment of the legislature on May should be protected by the Harris Act? This standard could focus on whether 11, 1995, or a rule, regulation, or This alternative definition of "existing an owner has acquired a constitution- ordinance adopted after that date. AC- use" should benefit a landowner who ally protected property interest that tions based on a statute enacted before applies for approval of a land use which should not be diminished or frustrated that date, or a rule, regulation, or is already enjoyed by his or her neigh- by governmental action.~? In some in- ordinance adopted before that date, or bors. stances, the protected interest could one formally noticed for adoption be- A "vested right to a specific use" be established by applying and saris- fore that date, are exempt from the :~'~ must be determined by applying com- fying estoppel principles, but the new Harris Act? This provision provides mon law principles of equitable estop- test should go further, perhaps the most significant and-- pel, constitutional principles of sub- Statutory Vesting. The Harris Act among landowners--controversial limi- stantive due process, or state statu- protects rights vested by state stat- tation regarding the availability ofthis 14 THE FLORIDA BAR JOURNAL/OCTOBER 1995 .;ew remedy, to be brought in circuit court. If a entity which has taken the action at · Showing an Inordinate Burden. To landowner elects to invoke other ad- issue? The claim must be accompa- i demonstrate that a governmental ac- ministrative or judicial remedies prior n/ed by a bona fide appraisal that t/on constitutes an inordinate burden to seeking relief under the Harris Act, demonstrates the loss in fair market on an existing use or vested right to a the time for bringing the Harris Act value to the property. If more than one specific use, the landowner must meet claim is tolled until the conclusion of governmental entity is involved in the one of two statutory tests, those other proceedings? governmental action--or if all relevant Under the first test, the effect of the At least 180 days prior to filing suit, issues can only be resolved by involv- action must satisfy three criteria. First, the landowner must present a written lng more than one governmental entity, the action must have directly restricted claim to the head of the governmental in the view of either the landowner or or limited the use of real property to the extent that the landowner is un- able to realize the reasonable, invest- ~ ment-backed expectation for the exist- lng use of the real property or a vested right to a specific use of the real property. Second, the deprivation must be permanent. Third, the deprivation must be to the real property as a whole.27 The alternative test for demon- strating an inordinate burden is for the landowner to show that, by virtue of the regulatory action, he or she has been left with existing uses or vested rights that are unreasonable such that, he or she bears permanently a dispro- portionate share of a burden imposed for the good of the public which, in i) fairness, shouldbebornebythepub- Average Report l/c? This test appears to allow the court to take remedial action when DBT~, Florida Personal DOSsier & Comprehensive Reports~ con. in governmental action has been unrea- subjecl: name, aliases, DOB. social security number with place and sonable, or has overreached in limiting year of issue, Florida drlver license data, Previous state driver the uses on a ]andowner's property, license data, concealed weapons permits, current and previous An inordinate burden does not in- addresses (Including business addresses), traffic accidents as driver elude impacts to rea] property which or owner, Florida real properV/ownership, worker compensation result from governmental abatement, claims, UCC lien filings, professional and other licenses held, prohibition, prevention, or remediation telephone listings, marriages, marrlage tree, relatives, associated of a public nuisance at common law, persons, vehicle ownership and leasing, aircraft, boats, documented or to a noxious use of real property.2~ vessels, corporations (plus corporate assets), fictitious names, Temporary impacts to land do not neighbors (with addresses and telephone numbers), and more... constitute an inordinate burden? so NO software charge. No Igdclen fees. a valid, time-limited moratorium would not be actionable under the Harris Act. Finally, impacts to real property caused by governmental action that grant re- lief under the Harris Act would not be an inordinate burden;a~ this exclusion should encburage governmental enti- ties to grant relief to a landowner without concern that doing so will result in a Harris Act claim by another landowner. Economical: No Morff~ly-- No M/n/mum -- No Ins~allation II1$t~ OlI-IIlM ~cc~.q to bllllon~ of records... Bringing a Claim computer Experience NOT REQUIRED A Harris Act claim must be pre- i) sented to the governmental entity ..... within one year after the new statute, rule, ordinance, or regulation is ap- plied to the landowner's property in order for a subsequent cause of action "~T"~.~ss~e~Re~n-a~c~C~m~e~mveRep~a~eSe~cemams~f~ata~a~seTec~n~ies.~nc~a33~4.C~i~©1~$~A~ THE FLORIDA BAR JOURNAL/OCTOBER 1995 15 a governmental entity to which a claim will decide if the landowner is entitle~ is presented--the landowner must pre- to compensation,41 and, if so, a jury sent the claim to each governmental will decide the amount? entity involved. If the governmental The court first must determine During the 180-day notice period, entity does not whether there has been an existing use the governmental entity must make a or a vested right to a specific use of the written settlement offer to resolve the prevail in the real property. Thereafter, the court claim. A settlement offer may include l, must determine whether an existing an adjustment or variance of the gov- appea the court is ~e or vested right has been inordi- ernmental action; increases or modifi- directed to award ~tely burdened by the governmental cations in the density or intensity of action? use of development areas; transfer of the landowner ~, determining an inordinate bur- .development rights; land swaps or ex- attorneys' fees and den, the court must consider the stan- changes; mitigation; location on the dards set forth in the Harris Act as least sensitive portion ofthe property; costsincurred in the well as the governmental entity's set- conditions on the development or use permitted; a requirement th.~t issues appeal tlement offer and ripeness decision.44 Thus, the determination by the court be addressed comprehensively; pur- in effect is whether the last, best offer, chase of the property interest; issuance if accepted, would constitute an inordi- of a development order; or no changes prevent the inordinate burden on the nate burden. If the actions of more to the governmental action which occa- real property,ss If a proposed settle- than one governmental entity are at sioned the claim? This broad author- ment would contravene the application issue, the court must apportion respon- ity creates an opportunity for innova- of a statute, a "friendly suit" in circuit sibility among them.4s tion in resolving disputes, court must be brought by the govern- Also during the notice period, unless mental entity and the landowner. The Interlocutory Appeal the landowner has accepted the settle- court is directed to ensure that the Before the issue is submitted to the ment offer, the governmental entity relief protects the public interest served jury for an award of compensation, a must provide a written "ripeness deci- by the statute, and is appropriate to pre- governmental entity may take an in- sion" which identifies the allowable vent the governmental effort from inor- terlocutory appeal of the court's deter- uses of the property. The ripeness dinately burdening the real property,s? ruination that there has been an inor- decision is intended to permit the dinate burden. The court may stay the landowner to go directly to circuit court, Prospect for Sanctions proceedings during the pendency ofthe rather than having to pursue other The importance of the 180-day notice appeal, but a stay is not automatic. If administrative remedies, if dissatisfied is enhanced by the prospect for sanc- the governmental entity does not pre- with the response of the governmental tions to be imposed in a subsequent vail in the appeal, the court is directed entity? civil action. Attorneys' fees are recover- to award the landowner attorneys' fees The combined effect of the require- able from the governmental entity if and costs incurred in the appeal? ment that the governmental entity the landowner prevails and the court If the court determines the govern- make a settlement offer and identify finds that the governmental entity did mental action has inordinately bur- the uses to which a property may be not make a bona fide offer which would dened the landowner's property, the put should be to change the way regu- have resolved the claim during the court must impanel a jury for the lators deal with land use and environ- notice period,ss On the other hand, the second phase of the proceeding. The mental issues. The Harris Act is in- governmentE entity may recover at- jury must determine the difference in tended to shift the focus of government torneys' fees from the landowner if the the fair market value of the unbur- agencies and landowners alike from court finds the landowner did not ac- dened land and the fair market value whether a proposed use is allowable to cept a bona fide offer which would have of the property as inordinately bur- what uses are allowable. In this re- resolved the claim? These provisions dened. Because the HarrisActrequires gard, regulators may seek options in a place even more importance than usual the award of compensation to take into more cooperative way which both could on a dispassionate analysis of claims account the settlement offer and ripe- accommodate a landowner's wishes for both landowning and governmental ness decision,47 the award is not calcu- while still achieving the public policy clients, fated by an assessment of the gov- objectives of underlying statutes, rules, If the governmental entity does not ernmental entity's original action, but ordinances, or regulations applied to make a bona fide offer to settle the by its last, best offer. Consideration the landowner's real property, issue, or if the landowner rejects the may not be given to business damages, When a governmental entity's settle- settlement offer and ripeness decision, but the Harris Act requires a reason- ment offerwouldconstitute a modifica- the landowner may file a claim in able award of prejudgment interest tion, variance, or special exception to circuit court. The landownermustserve from the date the claim was pre- application of an ordinance, rule, or the complaint on each governmental sented.4s regulation, the Harris Act directs that entity making a settlement offer and By operation of law, the payment of the relief protect the public interest ripeness decision. Venue for this bifur- compensation vests in the govern- served by the ordinance, rule, or regu- cated proceeding is the county where mental entity the right, title, and in- lation at issue, and be appropriate to the real property is located? The court terest in rights of use for which com- 16 THE FLORIDA BAR JOURNAL/OCTOBER 1995 pensation has been paid. The gov- land use is well grounded in the law of argument that denying the requested 'use ernmental entity may ho]d, sell, or eminent domain relating to valuation. E.g., would be arbitrary and capricious. otherwise dispose of these development Yoder v. Sarasota County, 81 So. 2d 219 ~4 Fla. Laws Ch. 95-181, §l(3)(a). (Fla. 1955); Board of Commissioners of State ~s City of Hollywood v. Hollywood Beach rights. When the court has awarded Institutions v. Tallahazsee Bank & Trust Hotel Co., 283 So. 2d 867 (Fla. 4th D.C.A. compensation, it will determine the Co., 100 So. 2d 67, cert. denied, 101 So. 2d 1973), rev'd in part, 329 So. 2d 10 (Fla. form and recipient of the rights and the 817 (Fla. 1958). See also Florida Eminent 1976). terms of their acquisition? The court Domain Practice and Procedure §§9.32-.33 ~s Rhodes & Sellers, Vested Rights: Es- also is given broad powers to make (4th ed. Fla. Bar CLE 1988). A land- tablishingPredictabilityinaChangingRegu- owner probably would have a cause of /atory System, 20 S~'¢r. L. Rsv. 475, 476 final determinations to effectuate the action anyway founded on reverse spot (1991). relief available under the Harris Act.so zoning, denial of equal protection, or per- ~? Resolution Trust Corp. v. Town of High- In light of the unique purposes and haps substantive due process, based on the /and Beach, 18 F.3d 1536, 1544 (llth Cir. intent of the Harris Act, a court should -not necessarily construe it under the case law regarding takings claims un- der the U.S. and Florida constitutions New Perspective.~ O, RealE.~tateProctice#43: if the governmental action does not rise to the level of a taking,s] The Harris ACt creates a new civil Growing p ins action remedy for landowners that will · bear a striking resemblance to existing remedies under takings law. Each case In a bygone era of home remedies and wishful concoctioas, there were night- will be an ad hoc, fact-intensive in- time aches in the limbs and joints of children attributed to growing bodies pushing quiry to determine whether a particu- outward -- a fantasy propagated by well-meaning elders with a bent toward mysti- lar action of government intrudes too cism. The pain was real. but its origin was fantastical. far into the landowner's domain. The discomfort associated with our professional growth can be as palpable. but the cause often is similarly illusory. Conclusion Growing a practice requires that lawyers market themselves, and that makes The 1995 property rights legislation most lawyers uneasy. But are lawyers uncomfortable with thc actual process of was intended to adjust the balance marketing, or with thc mere thought of it? Even grownup professionals can misinterpret the sources of their distress. between the private sector and govern- It is tree that developing a practice requires that we stretch ourselves, that we grow to learn new skills and accept new. personal responsibilities. Growing your practice ment in the continuing friction be- tween regulators and landowners over cenainly will take time and increase your workload. But this is not the painful pan. the use of land in Florida. It reflects It only appears so from a distance. The real source of the pain is intangible. It is. both the popular mood and a shift in for the most part. completely imagined. And. once you jump into the process, it legislative sentiment in recent years, goes away. This remedy is not a radical depar- The pain stems from inertia, or "getting offthe dime." It stems from lawyers' ture from prior law. The Harris Act embedded reluctance to move outside their comtbrt areas, which are usually defined builds upon common law principles, by the more technical aspects of the practice of law. it stems from a deep-seated mis- constitutional decisions, and the tradi- conception ~ or a convenient rationale -- that rainmakers are born. not made. And it stems from a somewhat self-righteous attitude that the duties associated with market- tion of finding an accommodation be- lng and other vestiges of the "business" of practicing law are best left to someone else. tween public and private interests. It You cannot avoid growth. Our willingness to grow :~s professionals -- to learn represents an attempt to provide new how to market ourselves and our services -- is intimately and inexorably entwined and measured rel~a~ for landowners with the growth of our practice and our profession. Growth means survival. without undermining Florida's land- You must be willing to give up contentment and safety, and embrace a will- mark environmental protection and ingness to step outside the familiar. Then you must acquire the habits, skills, and growth management laws. El discipline necessary to market your practice. And. perhaps most important, you've got to become good at it..~o that. over time. you've acquired a level of expertness. ~ Fla. Laws Ch. 95-181. a personal mastery, of the process. a U.S. Cot~sr. amend V; FL~. Co~s~. art. Then. with thc dawning of your efforts, the looming pain you had once so X, §6. vividly imagined, miraculously, will disappear. a Fla. SB 1'000 (1993). 4 Fla. Exec. Order 93-150 (June 4, 1993). s Report of the Governor's Property of In~olTnat~or] Rights Study Commission II (Feb. 28, 1994). of Service s Advisory Opinion to the Attorney Gen- Of Innovation eral re Property Rights, 644 So. 2d 486 (Fla. 1994). ? Fla. H.R. Jour. 1050 (Reg. Sess. May ~:,,,' ~t~ m-tk'l~h ~)mmcn[:~3 on x~h;L~ tax~ Iirm ~wkt'ting ~:m m~.~m ~ ~l. ~ 5, 1995). Alt~,rnc~'~' 'l'ilk' h~'~urancc I:m~tl. s Fla. Laws Ch. 95-181, §1. .~t~.nt,~: ~larkcling ReCd..rcm-c: l~x~ Finn Xl:lrk~ning ~ Fla. Laws Ch. 95-181, §1(9). ~,.o. ]o Fla. Laws Ch. 95-181, §1(3). Orl:uuh,. ri. ~ Fla. Laws Ch. 95-181, §l(3)(b). 12 Id. ~_ l~,1()'~ .'~HOI'I/C~ 't'ilk' Jll.'~lF. IIl'~'{.' FUII~I. h~.'. ~a This approach to defining an existing THE FLORIDA BAR JOURNAL/OCTOBER ]995 1994). 37 FI~ Laws Ch. 95.181, §1(4)(d)2. ~s FL~. S?~. §163.3167(8). ss Fla. Laws Ch. 95.181, §l(6Xc)l. ~9 F~. ST^?. §380.05(18) (areas of critical ~9 Any proposed settlement offer or pro- state concern); F~. Sr~r. §380.06(20) (1994 The Harris Act po~ ripeness decision, and any negotiations Supp.) (developments of regional impact), or rejections with respect to the formulation 29 ~. S~.§373.414(11)~16)(1993). builds upon of the settlement offer and ripeness deci- 2~ F~. S~r^?. §161.052 (1993). sion, are sdmi~ible in the proceeding only 22 See FL~. S~?. §163.3167(8) (1993). CO~[~r~on law for the purpose of determining costs and = Fla. Laws Ch. 95-181, §lilS)(c). Oi §pies, attorney~' rm. Fla. Laws Ch. 95-181, ~4 Fla. Laws Ch. 95-181, il(10). ~_r_nc §1(6)(c)3. The determination of costs and = Fla. Laws Ch.95-181, §1(13). constitutional attorneys' fees must be made by the court. 29 Fla. Laws Ch. 95-181, §1(12). An ac- Fla. Laws Ch. 95-181, §1(6Xc)1. tion based on a subsequent amendment decisions, and the ~ Fla. ~ws c~ 95.181, §~5~b). may be a basis for a Harris Act claim "only 4~ Fla. Laws Ch. 95-181, §1(6)(a). to the e~nt ~a~ ~e ap~licaUon o~ the tradition of finding . Fla. Laws C~ 95.151, amendatory language imposes an §nord§- ~ Fla. Laws Ch. 95-181, §1(6)(a). hate burden apart from" the grandfathered anaccommodation - ~a. Laws Ch. 95-151, statute, rule, ordinance, or regulation. Id. determining whether there has been an = Fla. Laws Ch. 95-181, §1(3)(e). between public and inord~ate b.~an, the..~ se~ement offer 25 Id. __ : ~_ and ripeness decision are ad~mi~sible; pro- pr~vare interests posed se.lement offers a.~ r~pe~ese 29 Id. dec§- sions, and negotiations are inadmissible for these purposes. Fla. Laws Ch. 95-181, §1(6Xc)3. 29 Id. ~ Fla. Laws Ch. 95-181, §1(6)(a). s~ Id. 4~ Id. sum c e sz Fla. Laws Ch. 95.181, §l(4Xa). ~s Fla. Laws Ch. 95.181, §1(6)(b). Writing C t - Fla. Law, Ch. 95-181, §1(4)(c). - Fla. Laws Ch. 95-181, ontes ~ Fla. Laws Ch. 95-181, §1(5)(a). ~o Fla. Laws Ch. 95-181, §1(7)(a). zz Fla. Laws Ch. 95-181, §1(4Xd)1. ~ Fla. Laws Ch. 95-181, §1(9). The Florida Bar Journal gives cash awards annually from an endowment set up in memory of Barbara Sanders by attorney Barrett Sanders, former chair of The Florida Bar Journal Edi- torial Board. A first place award is presented each June, and second and third place awards are given at the discretion of the judges. Judges select winners from those lead articles published be- tween May and April. POWELL RHODES ~.TENGLE David L. Powell is a shareholder in the Tallahassee law firm of Hopping The Florida Bar JournalEdito- Green Sams & Smith, P.A. He served az executive director of the third rial Board screens the articles Environmental Land Management Study (ELMS lid Committee. His practice and selects finalists for submis- includes growth management, land use, and facility siting matters. sion to a panel of judges. Win- Robert M. Rhodes is a partner in Steel Hector & Davis, resident in Tallahaseee. He is a former chair of The Florida Bar Environmental and ners will be announced in The Land Use Law Section and is treasurer of the Administrative Law Section. Florida'Bar News in June. Mr. Rhodes served on the working group that recommended draft property rights legislation to the legislature. Judges select winners accord- Dan R. Stengle is the general counsel to the Florida Department of the in× to writing quality, substan- Community Affairs. Prior to that, he served as staff director to the Committee tire quality, style, and degree on Governmental Operations of the Florida Senate, and az general counsel to the Florida Game and Fresh Water Fish Commission. He served as the of difficulty, principal draftsman to the ad hoc working group that drafted the Bert J. Harris, Jr., Private Property Rights Protection Act. This article is submitted on behalf of the Environmental and Land Use Law Section, Mary F. Smallwood, chair, Sid F. Ansbacher, editor, and Bob Fin×ar, special editor. 18 THE FLORIDA BAR JOURNAL/OCTOBER 1995 Worrell Enterprises, Inc. May 9, 1 9 9 6 Thomas E. Worrell, Jr. Chairman Ms. Patricia Cayce City of Delray Beach Historic Preservation Board 100 N.W. 1st Avenue Delray Beach, FL 33444 VIA CERTIFIED MAIL Dear Ms. Cayce: I have been out of the country for almost two weeks. I returned last night. At that time I reviewed the notice of a scheduled meeting of the Historic Preservation Board of Delray Beach to consider designating property I own as part of the South Ocean Boulevard Historic District. I am the owner of the property at 501 South Ocean Boulevard, and 511 South Ocean Boulevard, which I purchased several weeks ago. The purpose of this letter is to formally notify you and the board that I strenuously object to and oppose the inclusion of my properties in any historic district. I consider such an action to be unnecessary, intrusive, and potentially damaging to the value of my property. Further, it is my understanding that a developer was allowed to tear down one of the homes in the designated area on the day of notification concerning the public hearing. In fact, I suspect it is this developer and the projects he has undertaken along South Ocean Boulevard that may have caused concerns by the Historic Preservation Board. While I certainly support the preservation of historic properties and landmarks, I do not believe that it is appropriate in this case for the government to attempt to mandate and restrict property owners in the quiet enjoyment of their homes and property. If the City of Delray Beach wishes to influence the style of residences being erected along South Ocean Boulevard, it already has the means to do so. 1450 $outt Dix~ HighwaF [] Boca Raton, Florida 33432 [] %1:407-338-3298 PLAN. & ZONING [] 407-338-3453 Ms. Patricia Cayce May 9, 1996 Page Two I have endeavored, at considerable expense, to protect and enhance the historic characteristics of my residence at 501 South Ocean Boulevard. I will do the same at 511 South Ocean Boulevard. I do this because of a personal commitment to preservation. It seems to me the answer to the concerns of the board lie not in government intervention but in communication and cooperation between the board and citizens of the community. I would be happy to discuss deed restrictions or other voluntary actions that may be taken to preserve unique properties. I would appreciate it if this letter would be made a part of the record concerning this matter. Thomas E. Worrell, Jr. TEWjr:mb cc: Members of the Board City Commissioners ~. National Trust for Historic Preservation May 10. 1996 Mr. Jori Vaughn, Chairman · Delray Beach Preservation Board City Hall 100 NW First Avenue Delray Beach, FL 33444 Dear Mr. Yaughn: I am writing to voice the support of the National Trust for Historic Preservation for the establishment of' the South Ocean Boulevard Historic District. The establishment of this district would help preserve a vital part of Delray Beach's important history. The histow of northern financiers and industrialists developing southern Florida is readily exddent in the South Ocean Boulevard Historic District and should be preserved as one important aspect of'the city and region's hislory. The unfortunate demolition of'the historic Snyder House at 601 South Ocean Boulevard is an example of the development pressures facing the proposed historic district. Spurious claims racist history, questionable evaluations of the historic building's soundness and irrelevant assertions of property rights infi'ingement by the current owner and his representatives all cloud the essential facts concerning the establishment of an historic district for South Ocean Boulevard and its impact on Mr. Melone's property. Those facts are that deed restrictions ofthe sort referenced by Mr. Melone were, unfort,urmtely, common across the United States. Those restrictions are currently unenforceable and were rendered illegal by the Fair Housing Act of 1964. Further, Mr. Melone's action in demolishing the house prior to its designation has now precluded any compromise that might have been possible. Finally, lhe right of the property owner to use his property is affected by many more regulations than the proposed historic districa designation. Current zoning will not be affected by the designation and existing Coastal Zone management regulations will still be in effect. In short, historic district designation recognizes the development of a community over time, creates a dialogue where the intrinsic value of historic siles is respected and furthers community goals and values. Delray Beach and more than 2000 communities nationwide have proven the success and viability of historic district designation and review. The National Trust supports the establishment of the South Ocean Boulevard Historic District and we offer our support to the City and individual property owners. From our online assistance thai includes access ~o a preservation information to Southern Regional Office National Office: i .... 456 King Street I 7bis Mas.~achusct~s Avenue', N.W. Charleston, S.C. 29403 Wa~F,~nr, mn, t),C. 20036 1803) 722-8552 / FAX [t4031 722-8652 {202} 673-4000 Mr. Vaughn Page 2 our preservation planning grants, the National Trust seeks to work in local communitie~ to explode myths about historic preservation and prove the enormous benefits reaped when people work together to protect their heritage. We look forward to workin8 with the City of Delray Beach and groups such as the Preservation Society of Delray Beach to ~urther their historic preservation goals. Please feel free to call on me ifl can be of any help or ifl can clarify any poims raised in this letter. Sincerely, ~~~_.j cc: Mayor Jay Alpefin and City Commission Carolyn Patton, Preservation Society of Delray Beach