Ord 13-02II
ORDINANCE NO. 13-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DF.I.RAY BEACH, FLORIDA, AMENDING
ORDINANCE NO. 70-89 THAT PROVIDED FOR THE
HISTORIC DESIGNATION OF THE FONTAINE FOX
HOUSE AND PROPERTY; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided for the
historic designation of the Fontaine Fox House and property as described in L.D.R. Section
4.5.1(K)(2), and allowed the development of a total of 3 dwelling units on the site which would
include the development of a house on the east side of A-I-A, provided certain conditions were
met; and
WHEREAS, there currently exists the Fontaine Fox house and a house on the east side of
A-1-A within the historically designated area; and
WHEREAS, the current owner of the Fontaine Fox house and lands west of A-1-A wishes
to amend Ordinance No. 70-89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2, "Requirements of Designation" of Ordinance No. 70-89 of the
City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 2,
"Requirements of Development" to read as follows:
R~.uh:ements of Development.
The requirements of development are as follows:
(1) Two dwelling units currently exist on the historic site, an additional two dwelling
units are allowed on the historic site west of A-1-A and to the rear of the currently existing Fontaine
Fox House but beyond the 100' buffer as described in Subsection 2.
(2) The developer shall establish a minimum of a 100' buffer between the existing wall at
the rear of the Fontaine Fox House, located at 610 North Ocean Boulevard, and any newly created
lot to the west, by requiring the west lot line of any newly created lot containing the Fontaine Fox
House, as it currently exists, to be a minimum of 100' from the existing rear wall as it currently
exists.
(3) The developer shall restrict the height of any new construction to 28' of any newly
subdivided lot immediately west of and adiacent to any newly created lot containing the existing
structures currently located at 610 & 622 North Ocean Boulevard.
(4) That the entirety of Lot 1, Plat of Hancock Subdivision, currendy addressed as 622
N. Ocean Boulevard be listed in the Local Register of Historic Places and approved by the City
Commission. The applicant must go through the full process and not voluntarily withdraw the
designation application and such designation process must be completed prior to the recordation of
the proposed final plat. This item shall not be required if the City Commission fails to approve the
designation.
(5) No dwelling unit used or developed on that portion of the Fontaine Fox Historic
Site which lies east of State Road A~I-A shall contain more than two thousand and four hundred
(2,400) square feet of gross floor area.
Section 2. If the provisions of Section 1 are not met then the following shall apply:
(1) No more than three dwelling units shall be used and/or developed within the
boundaries of the Fontaine Fox Historic Site. This includes the two dwelling units currently existing
on the site.
(2) No dwelling unit used or developed on that portion of the Fontaine Fox Historic
Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred
(2,400) square feet of gross floor area.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
2 ORD. NO. 13-02
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,200
ATTEST
MAYOR
City Clerk
First Reading~
Second Reading
3 ORD. NO. 13-02
B~L lqI!I:f.N. ER GLI~SE, A ~VING
C~l., MI} Mt Bt:~q'.~ DATIg
'DELETING SECTION 51,21,
MERCIAL LANDSCAPE OR LAWN
MAINIENN~CE BUSINESS, RESPOfl-
SIBIUTY FOR TRASH COLLECTION",
BY AMEltlDII~ ,~lOfl 51.22, ~
ETATIVE W~4...e'~. TO ,SPECIFY A COI.-
LECTION DAY ~ PROVIOE 1'1~T
I,~c6EI'ATI~E WASTE MAY NOT ~E
OO-M~. BY AMENOING SEC-
TION 51 45, CONSTRUCTION
FOR THE ADDITION 0¢ ROLL-OR:
CONTAII~:RS INTO THE CIT'CS FRAN-
SECTION 51 70, 'REGULAR
Cl-I~eES t.EV~', St~SECI'ION (C),
'COMMERCIN.', TO b"t. ARIF'Y
AMENDII~ SECTION 51 7'1.
THE BILLING FOR MULT1-FANIILY, BY
,AMENDING SECTION 51
"METHOD 0¢ BILLING FOR
CHARGES". TO CLARIPt' THE BILUNG
FOR MIJL'~ILY. PROI/1DING A
.SAVING CLAUSE. A 6ENERAL
,~10ROeiANCE O~ Tt.~ I~¢t~' OOM-
TiCIp/I~q' AND CITY', SU~SEClrlON
35 0aS{A), 'PNTrlClPN~'S CONI~I-
BUTION ACCOLINT', TO
R3R {:;~NGES TO C~TTAIN P,N~i3CI-
PN~T ~ONI~IBLrr~; PROVING
A ~J~ER~ ~ ~LAUSE~ A
SAVING CLALIS~ ~t[0 N~I B~
DATE
CrrY OF DEl..RAY 9EN~'I
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Mayor and City Commissioners
Barbara Garito, City Clerk~ff'
ORDINANCE NO. 13-02
May 3, 2002
At the time the agenda was prepared we had not received Ordinance No. 13-02 (A) as requested by the
applicant's attorney.
This alternative ordinance will be completed on Monday, at which time the Planning Department will
prepare an updated memo and we will have it delivered to you prior to Tuesday night's meeting.
CITY OF I)ELAI:IY BEI:I£H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct LEne- 561/243-7091
1993 DATE: May 30, 2002
MEMORANDUM
TO: City Commission ,.._..-
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Motion to Stay - Second Reading of Ordinance No. 13-02 (Fontaine
Fox House)
On May 21, 2002 the City Commission passed Ordinance No. 13-02(A), (Fontaine
Fox House) on first reading but did not pass Ordinance No. 13-02(B). This
Ordinance concerned changes to Ordinance No. 70-89 that provided for the
historic designation of the Fontaine Fox property. Ordinance No. 13-02(B) was the
version that the applicant wanted the City Commission to pass and provided for a
modification of the legal description of the property that would be covered under
the historic designation.
At this time the Applicant has filed a Petition for Writ of Certiorari and is asking the
Court to quash the Commission's order denying the Applicant's application to
modify the legal description of the land that is covered by the historic designation.
The Applicant has filed this Motion to Stay Proceedings in order to prevent the
second reading of Ordinance No. 13-02(A), as the Applicant does not consent to
the restrictions imposed by Ordinance No. 13-02(A).
By copy of this memo to David Harden, our office requests that this item be placed
on the June 4, 2002 City Commission agenda. Please call if you have any
questions.
Attachment
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Paul Dorling, P&Z Director
OF THE CITY OF DELRAY
BEACH, FLORIDA
IN RE:
ORDINANCE 12-02; ORDINANCE 13-02
FONTAINE FOX HOUSE
MOTION TO STAY PROCEEDINGS
COMES NOW the Applicant, VILLAGE BY THE SEA, LLC, and asks that
the City Commission of the City of Dekay Beach, Florida ("Commission") stay all
proceedings regarding the January 16, 2002 application by the Applicant to amend
Ordinance 70-89, including all proceedings related to Ordinances 12-02 and 13-02.
In support thereof, the Applicant would state:
1. l'ho ,'xppliom~tt ,~ppealed by P~titiorl of C~rtior~'i thi~ C,.~m~'r~,~,~;,*~',~
of Ordinance 12-02 to the Circuit Court in and for Palm Beach County, Florida,
which action is proceeding as Yillage by the Sea, LLC v. City of Delray
Florida, Case No. 02-06122AY.
2. The Applicant does not consent at this time to the restrictions proposed by
Ordinance 13-02, including, but not limited to, the local designation of 622 N.
Ocean Boulevard.
3. This Motion is being filed pursuant to Rule 9.310 of the Florida Rules of
Appellate Procedure.
05/29/02 WED 13:11 [TX/RX NO 9910]
WHEREFORE, the Applicant requests that this Commission stay all proceedings
regarding Ordinance Numbers 12-02 and 13-02 pending the resolution of the
pending appeal.
Rebecca L. Henderson, Esquire
ELK, BANKIER & CHRISTU
Counsel for Applicant
4800 North Federal Highway
Sanctuary Centre, Suite 200-E
Boca Raton, Florida 33431
Office: 561-368-8800
Facsimile: 561-394-3699
By:
Esq.
Fla. Bar No. 0004642
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent
by eertitied U.S. Mail to the following:
Brian Shutt, Assistant City Attorney
City of Delray Beach, Florida
100 NW 1st Avenue
Delray Beach, Florida 33483
this 29th day of May, 2002
2
05/29/02 WED 13:11 [ /RX NO 9glO]
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM ]0 ~. REGULAR MEETING_IUNE 4, 2002
ORDINANCE NO, l~-02(A) (AMENDMENT TO HISTORIC
DESIGNATION/FONTAINE FOX HOUSE)
DATE: MAY 31, 2002
This is second reading and a quadjuck'dal hearing for Ordinance No. 13-02 (A) mending Ordinance
No. 70-89. The Fontaine Fox historic designation contains approximately 2.5 acres of land and
consists of Lots one (1), two (2), and three 0) of the Ocean Apple Estates Plat and the south ten (10)
feet of Lot three (3) (lying east of A1A) Block E, of the plat of Palm Beach Shore Acres. Lot one (1)
lies on the east side of Ocean Boulevard (615 North Ocean Boulevard) while lots two (2) and three
0) lie on the west side of Ocean Boulevard (610 North Ocean Boulevard) between North Ocean
Boulevard and Andrews Avenue.
Ordinance No. 13-02(A) retains the historic designation on the entire property and limits the height
on the new lots immediately west of the Fontaine Fox buildings to twenty-eight (28) feet. Ordinance
No. 13-02(A) modifies the density restriction from three (3) to four (4) dwelling units and establishes
a minimum of a 100 foot buffer between the existing rear wall of the Fontaine Fox House and any
newly created lot to the west. In addition, Ordinance No. 13-02(A) requires that the lot clirecfly to the
North (622 North Ocean Boulevard) be processed for inclusion in the local register of Historic
Places.
Ordinance No. 13-02 (A) was approved on first reading at the regularly scheduled City Commission
meeting of May 7, 2002 based upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Devdopment Regulations (LDR), policies of the Comprehensive Plan, and
LDR S~cfion 4.5.1.
of Ordinance No. 13-02 (A) ph second and final'readi, n. g, ba~d upon staff
Recommend
approval
recommendation.
S:\Cay Oerk\chevelle folder\agenda memos\OtdA3.0ZO6.lM.02 Amend. Fontame Fox House.doc
TO:
THROUGH:
FROM:
SUBJECT:
U~L~H~TY MANAGER
DORLII~. QII~CTOR OF PlaNNING AND ZONING
MEETING OF MAY 7, 2002
REQUEST FOR AN AMENDMENT TO ORDINANCE 70-89 FOR A PARCEL OF
LAND LOCATED AT 610 & 615 NORTH OCEAN BOULEVARD (THE FONTAINE
FOX HOUSE)~ APPROXIMATELY 900' SOUTH OF GEORGE BUSH BOULEVARD
BETWEEN ANDREWS AVENUE AND THE ATLANTIC OCEAN; AN INDIVIDUALLY
LISTED HISTORIC PROPERTY.
Ordinances 12-02A, 12-02B, and 12-02C reflecting the application request and recommendations by
City Staff and the Historic Preservation Board for the development of additional lots on the subject
property were brought before the City Commission on March 19, 2002 for its first reading. The second
reading was held on April 2, 2002, and the ordinances were denied. The City Commission provided
direction to prepare a modified ordinance which is now before the City Commission for first reading.
The ordinance proposes to modify the existing Ordinance 70-89 in the following way:
1) Maintain the geographical boundaries of the historic designation as set forth in Ordinance 70-89.
2) Modify the density restriction from three to four dwelling units.
3)
Establish a minimum of a 100 foot buffer between the existing wall at the rear of the Fontaine Fox
House, located at 610 N. Ocean Boulevard, and any newly created lot to the west, by requiring
the west lot line of any newly created lot containing the Fontaine Fox House (as it currently
exists), to be a minimum of 100 feet from the existing rear wall (as it currently exists).
4)
5)
Restrict the height of any new construction to 28-feet, on any newly created lot immediately west
of and adjacent to, the lot containing the existing structures located at 610 & 622 North Ocean
Boulevard (State Road AIA).
That the entirety of Lot 1, Plat of Han~:ock Subdivision (Plat Book 76, Page. 175), currently
addressed as 622 North Ocean Boulevard; be listed in the Local Register of Historic Places and
approved by the City Commission. The designation process for local listing is to be completed
prior to recording the proposed final plat.
Ordinance 13-02A, accommodating these changes, is now before the City Commission for review and
approval.
The applicant is proposing an alternative to Ordinance 13-02A that proposes three versus two lots
west of the Fontaine Fox House; a 60' versus 100' buffer;, no height restrictions on the lots
immediately west of both historic structures (610 & 622 North Ocean Boulevard); removal of the two
western lots from the current designation; and the addition of property to the north into the current
local historic designation.
City Commission Documentation
Meeting of May 7, 2002
Fontaine Fox Historic Property
Page 2
There is a concern that this proposed altemative has not received formal review by the Historic
Preservation Board. Further, the removal of the western two lots from the existing designation,
creation of three lots versus two, and the omission of the height restriction on the two lots is
inconsistent with the recommendation of the Histodc Preservation Board. In addition, the inclusion of
additional property within the existing historic district requires a formal process and review by the
Historic Preservation Board. Given these factors, staff does not support the alternative ordinance as
proposed.
Approve Ordinance 13-02A on first reading and set the public hearing for the City Commission
Meeting of May 21, 2002. Recommend denial of Ordinance 13-02B as proposed. '
ORDINANCE NO. 13-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89
THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE
FONTPdNE FOX HOUSE AND PROPERTY; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided for the
historic designation of the Fontaine Fox House and property as described in L.D.R. Section
4.5.1(K)(2), and allowed the development of a total of 3 dwelling units on the site which would
include the development of a house on the east side of A-l-A, provided certain conditions were
met; and
WHEREAS, there currently exists the Fontaine Fox house and a house on the east side of
A-1-A within the historically designated area; and
WHEREAS, the current owner of the Fontaine Fox house and lands west of A-1-A wishes
to amend Ordinance No. 70-89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2, "Requirements of Designation" of Ordinance No. 70-89 of the
City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 2,
"Requirements of Development" to read as follows:
Requirements of Development.
The requirements of development are as follows:
(1) Two dwelling units currently exist on the historic site, an additional two dwelling
units are allowed on the historic site west of A-1-A and to the rear .of the currently existing.
Fontain6 Fox. House. but beyond.the 100"buffer as described in Subsection 2.
(2) The developer shall establish a minimum of a 100' buffer between the existing wall
at the rear of the Fontaine Fox House, located at 610 North Ocean Boulevard, and any newly
created lot to the west, by requiring the west lot line of any newly created lot containing the
Fontaine Fox House, as it currently exists, to be a minimum of 100' west of the existing rear wall
as it currently exists.
(3) The developer shall restrict the height of any new construction to 28' of any newly
subdivided lot immediately west of and adjacent to any newly created lot containing the existing
structures currently located at 610 & 622 North Ocean Boulevard.
(4) That the entirety of Lot 1, Plat of Hancock Subdivision, currently addressed as 622
N. Ocean Boulevard be listed in the Local Register of Historic Places and approved by the City
Commission. The applicant must go through the full process and not voluntarily withdraw the
designation application and such designation process must be completed prior to the recordation of
the proposed final plat. This item shall not be required if the City Commission fails to approve the
designation.
(5) No dwelling unit used or developed on that portion of the Fontaine Fox Historic
Site which lies east of State Road Aol-A shall contain more than two thousand and four hundred
(2,400) square feet of gross floor area.
Section 2. If the provisions of Section 1 are not met then the following shall apply:
(])
boundaries of
· existing on the
No more than three dwelling units shall be used and/or developed within the
the Fontaine Fox Historic Site. This includes the two dwelling units currently
site.
(2) No dwelling unit used or developed on that portion of the Fontaine Fox Historic
Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred
(2,400) square feet of gross floor area.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in~ regular session on second and' final reading on this the
. .dayof ,200
ATTEST
MAYOR
City Clerk
First Reading.
Second Reading.
2 ORD. NO. 13-02
ORDINANCE NO. 13-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89 THAT PROVIDED
FOR THE HISTORIC DESIGNATION OF THE FONTAINE FOX HOUSE AND
PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided for the
historic designation of the Fontaine Fox House and property described in L.D.R. Section 4.5.1 (K)(2),
and allowed the development of a total of three (3) dwelling units on the site which would include
the development of a house on the east side of A-l-A, provided certain conditions were met; and
WItEREAS, there currently exists the Fontaine Fox house and a house on the east side of
State Road A-1-A within the historically designated area; and
WHEREAS, the current owner of the Fontaine Fox house and lands west ofA-1-A wishes
to amend Ordinance No. 70-89.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2, "Requirements of Designation" of Ordinance No. 70-89 of the
City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 2,
"Requirements of Development" to read as follows:
Requirements of Designation
The requirements of designation are as follows:
(1) Two (2) dwelling units currently exist on the historic site, an additional three (3)
dwelling units shall be allowed on the historic site west of A-1-A and to the rear of the currently
existing Fontaine Fox House but beyond the sixty foot (60') buffer as described in Subsection 2, two
(2) of which dwelling units (the most westerly two (2) dwelling units) shall be free of historic
designation if the requirements set forth herein are met.
(2) The developer shall establish a minimum of a sixty foot (60') buffer west of the
existing retaining wall at the rear of the Fontaine Fox House, located at 610 North Ocean Boulevard,
and any newly created lot to the west, by requiring the west lot line of any newly created lot
containing the Fontaine Fox House, as it currently exists, to be a minimum of sixty feet (60') west
of the existing rear retaining wall as it currently exists.
(3) That in substitution for the property described in L.D.R. Section 4.5.1(K)(2) listed
as an historic site, the following property be listed as a historic site: (I) the entirety of Lot 1, Plat of
Hancock Subdivision, currently addressed as 622 North Ocean Boulevard; (ii) a portion of Ocean
Apple Estates consisting of the present Lot 1, the present Lot 2 and a portion of the present Lot 3 as
depicted in Exhibit "I"; and (iii) south ten feet (10') of Lot 3, Block E, Palm Beach Shores Acres
which is east of A-1-A as depicted in Exhibit "I" attached hereto and made a part hereof and
approved by the City Commission. The applicant must go through the full process and not
voluntarily withdraw the designation application and such designation process must be completed
prior to the recordation of the proposed final replat of the above-mentioned property. This item shall
not be required if the City Commission fails to approve the designation. If the City Commission
approves the designation, the property which is a part of Ocean Apples Estates not described above
shall be free from any historic designation whatsoever.
(4) No dwelling unit used or developed on that portion of the Fontaine Fox Historic Site
which lies east of State Road A-1-A shall contain more than two thousand four hundred square feet
of gross floor area.
Section 2. If the provisions of Section 1 are not met, then the following shall apply:
(1) No more than three (3) dwelling units shall be used and/or developed within the
boundaries of the Fontaine Fox Historic Site. This includes the two (2) dwelling units currently
existing on the site.
(2) No dwelling unit used or developed on that portion of the Fontaine Fox Historic Site
which lies east of State Road A- 1-A shall contain more than two thousand four hundred square feet
of gross floor area.
Section 3. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 4.. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the__
day of ., 2002.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
OAVBTS002\Ordlnance No 13-02 wpd