Res. No. 114-24RESOLUTION NO.114-24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,GRANTING AN AD VALOREM TAX
EXEMPTION FOR THE HISTORIC REHABIUTATION OF THE
PROPERTY LOCATED AT 531 NORTH SWINTON AVENUE,AS
FURTHER DESCRIBED HEREIN;DETERMINING THAT THE
COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND
DEVELOPMENT REGULATIONS SECTION 4.5.1O),TAX EXEMPTION
FOR llISTORIC PROPERTIES:AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS,the Historic Preservation program of the City of Delray Beach,Florida (the "City"),is
designed to preserve,protect,enhance,and perpetuate resources that represent distinctive and significant
elements of the City's historical cultural.social,economic,political,archaeological,and architectural
identity,and/or serve as visible reminders of the City's culture and heritage;and
WHEREAS.the Florida Constitution,Article VIL.Section 3,authorizes counties and municipalities
to grant partial ad valorem tax exemptions to owners of historic properties for improvements that are the
result of the restoration,renovation.or rehabilitation of historic properties;and
WHEREAS.Section 4.5.1(J)of the Land Development Regulations of the City of Delray Beach Code
of Ordinances ("LDR")provides for an ad valorem tax exemption for the restoration,renovation.and/or
improvement of historic properties;and
WHEREAS.Nancy McDonald (the "Owner"),is the fee simple owner of a parcel of land located at
531 N Swinton Avenue (the "Property").as more particularly described in Exhibit "A".attached hereto and
incorporated herein;and
WHEREAS.the Property is located in the Del-Ida Park Historic District:and
WHEREAS.the Owner completed improvements to the Properly and filed an application (File No.
2024-060)for a Historic Property Ad Valorem Tax Exemption:and
WHEREAS,on April 3,2024,the Historic Preservation Board determined that the completed
improvements are consistent with LDR Section 4.5.1(0)and by a vote of 6 to 0 recommended approval of
the ad valorem tax exemption for the restoration,renovation,and improvement to the Property;and
WHEREAS,on May 7.2024.the City Commission considered the request as set forth herein.
NOW.Tl IEREFORE.BE IT RESOLVED BY Tl IE CITY COMMISSION OF Tl IE CITY OF
DELRAY BEACH.FLORIDA,AS FOLLOWS:
Section l.The City Commission hereby determines that the completed improvements to the
property located at 531 N.Swinton Avenue are consistent with LDR Section 4.5.l(J).
Section 2.The City Commission hereby approves an ad valorem tax exemption for the Property
for a ten (10)year period,commencing on January 1,2025,from that portion of ad valorem taxes levied on
the increase in assessed value resulting from the renovation,restoration,and rehabilitation of the Property as
described in Historic Preservation Board Certificate of Appropriateness No.2021-091.
Section3 The Owner shall execute and record a restrictive covenant in a form established by the
State of Florida.Department of State.Division of Historical Resources,requiring the qualifying
improvements be maintained during the period of the tax exemption.A copy of the recorded covenant shall
be provided to the City.
Section 4.This resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED in regular session on the-~day of N ~2024 .
k..Sek.2,s.AKaterriJohnson.'City Clerk Thomas F.Carney.Jr.,Mayor
L
Fort and Legal Sufficiency:
ity Attorney
2
R E S.N O.II-24
Exhibit "A"
LOT I.BLOCK 3,DEL-IDA PARK .ACCORDING TO THE PLAT THEREOF,AS RE CORDED IN PLAT
BOOK 9,PAGE 52,PUBLIC RECORDS OF PALM BEACH COUNTY.FLORIDA:LESS THE SOUTH
2 FEET THEREOF.
3
RES.NO.II4-24
CITY OF DELRAY BEACH
CITY ATTORNEY'S OFFICE
200 NW 1'Avenue,Delray Beach,FL 33444
561-243-7090
LEGAL REVIEW FORM
This form is to be used solely for the legal review of documents not including procurement agreements.
Procurement Agreements are reviewed under a separate cover.'This form shall only be completed by a member of
the City \ttornev's Office..-
Date of Review:04/23/2024
Document Name:Resolution 114-24
Document Type:Resolution to be utilized if City Commission approves the Historic Property Ad Valorem Tax
Exemption Application 2024-060 for the property located at 531 N.Swinton Avenue.
Submitted by:Katherina Paliwoda
â– This document is approved as to form and legal sufficiency.
D This document is approved as to form and legal sufficiency;however,the undersigned made the
following change(s):
D This document is not approved as to form and legal sufficiency for the following reason(s):
Notes:
s/William _M .Bennett_Esq.
Assistant City Attorney
Copy to:
__City Attorney's Office (with a copy of the approved document)
_K Other:Katherina Paliwoda,Michelle Hoyland,and Michelle Hewett