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Ord 27-02ORDINANCE NO. 27-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DI~.I.RAY BEACH, FLORIDA, DESIGNATING THE O'NEAL HOUSE, LOCATED AT 910 N.E. 2ND AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DF.I.RAY BEACH, FLORIDA, 2002" TO SHOW 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 WHEREAS, a designation report was prepared for the O'Neal House located at 910 N.E. 2nd Avenue; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the historic designation on June 19, 2002, and voted unanimously to recommend that the O'Neal House be designated a local historic site; and WHEREAS, the City Commission of the City of Dekay Beach has conducted a duly noticed public hearing in regard to the designation of the O'Neal House as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: THE O'NEAL HOUSE, located at 910 N.E. 2nd Avenue, Delray Beach, Florida, more partioflarly described as follows: Lots 1, 2, 3, 28 and 29, Block 10, Dell Park, Dekay Beach, Palm Beach County, Florida, according to the Plat thereof, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the "Zoning Map of the City of Delray Beach, Florida, 2002" 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. ~ PASSEE~AND ADOPTED in regnl~r session on second and final reading on this the day of..~ ,2002. Second Readin~ ~/~,~g/~_ MAYOR 2 ORD. NO. 27-02 100 ANNOUNCEMENTS LEGAL NOTICES A PUBLIC HEA~ING will I~ held off Ihe JULY 16, ~~m, I~NW 5~ pm, ~ ~ F~, MI~ ~ ~E C~ ~ ~Y O'N~ ~, L~ AT 910 ~.E ~ A~. ~ ~E P~ L~ Hl~ ~ ~ L~ TO ~ VlDING A 6ENE~ ~, ~ ~DI~ M~ ~ ~ ~ ~ ~Y ~ ~ 7~ ~ ~E~I~ MUM ~R SO~E LEGAL NOTmES AMENDMENT OF THE "ZONING MAP OF DEl-RAY BEACH. FLORIDA. 2002' TO SHOW THE HISTORIC DESIGNA- TION IN AN O~RLAY MANNER. PRO VIDING A GENERAL REPEALER CLAUSE. A SAVING CLAUSE. AND AN EFFECTIVE DATE AN ORDINANCE OF THE C~ COM- MISSION OF THE CITY OF DELRAY BEACH. FLORIDA. AMENDING CHAP- TER 35, "EMPLDYSE$ POLICIES AND SENEFITS*, SUBHEADIND "RETIRE- t~NT PU!,N", OF THE CODE OF ORDI- NANCES OF THE CiTY OF DELRA¥ BEACH, FLORIDA, BY AMENDING SECTION35 097(J), "MAXIMUM PENSION", REVISING THE LIMITA- TIONS ON MAX1MUM F~I~ION B~N- EFITS TO CONFORM TO SECTION 415 OF THE INTERNAL RI~/~IUE CODE, AMENDING SECTION 35 097 (L)(2)(B), 'ELIGIBLE RETIREMENT PLAN," PROVIDING ADDmONAL ELI- VIDING A GENERAL REPEALER CLAUSE, PROVIDING A SAVING TN~ DA'I~ Cfl~ OF DEU~A¥ BEA~ MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ % AGENDA ITEM # \ O ORDINANCE NO. 27-02 LOCAL HISTORIC SITE) DATE: JULY 12, 2002 - REGULAR MEETING OF JULY 16, 2002 (DESIGNATING S.E. O'NEAL HOUSE AS This is second reading and a public heating for Ordinance No. 27-02 which designates the S.E. O'Neal House as a local historic site to be listed in the Local Register of Historic Places. The house is located at 910 N.E. 2"a Street on property legally described as Lots 1-3, 28 & 29, Block 10, Dell Park Subdivision, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County. Constructed in 1926 in the Mediterranean Revival architectural style, this was the home of S.E. O'Neal, one of Delray's boom time settlers. The construction dates nm parallel to the early settlement of nearby Del-Ida Park Historic District and has common architectural influences of that district as well as 1920 South Florida Mediterranean-Revival Influences. The home is unique and architecturally sound having retained many of its features including a high- relief door surround, barrel tile roof, stucco exterior, arched fenestration, and a garage lying to the west behind the house. The Historic Preservation Board considered the historic designation at a public heating on June 19, 2002, and voted unanimously (7-0) to recommend approval. At first reading on July 2, 2002, the City Commission passed Ordinance No. 27-02 by unanimous vote. Recommend approval of Ordinance No. 27-02 on second and final reading. S:\City Clerk\chevelle folder\agenda memos\Ord 27-0Z07.16.02 TO: THROUGH: FROM: SUBJECT: PAUL DORLING, DIRECTO~j~F PLANNING AND ZONING WENDY SHAY, HISTORIC PRESERVATION PLANNER MEETING OF JULY 2, 2002 REQUEST FOR AN ORDINANCE TO ESTABLISH AN INDIVIDUAL HISTORIC DESIGNATION FOR THE PROPERTY AT 910 NE 2"[~ AVENUE INCLUDING LOTS 1-37 287 & 29 OF BLOCK 10, LOCATED BETWEEN NE 9TM STREET AND NE '10TM STREET ON THE WEST SIDE OF NE 2"D AVENUE. The proposed designation is for Lots 1-3, 28, & 29, Block 10 of the Dell Park subdivision, which consists of a lot with a single family residence in the center of the property with vacant lots on either side. Constructed c. 1926, the 3,057 sq. ft. structure and garage at 910 NE 2nd Avenue, located on Lot 3, is a good example of a Mediterranean-Revival style residence. Home to S.E. O'Neal, one of Delray's boom time settlers, the structure remains architecturally sound having retained many of its stylistic features including a high-relief door surround, barrel tile roof, smooth stucco exterior, and arched fenestration. In addition to the house, a 400 sq. ft garage was constructed and lies to the west (behind) of the house. The construction dates run parallel with the early settlement of nearby Del-Ida Park Historic District and shares some common architectural influences of that district as well as the Mediterranean-Revival influences in South Florida during the 1920s. The structure is outside the boundaries of the five historic districts. The residence is unique and would be a good addition to the Local Register of Historic Places as an individually listed property. In 1987, the City of Delray Beach passed Ordinance 13-87 establishing the Historic Preservation Board and the process for promoting and listing historically, archaeologically, and architecturally significant sites and properties in a Local Register of Historic Places. Currently, there are five historic districts and twenty-five individually listed properties. During its meeting on June 5, 2002, the Historic Preservation Board set the public hearing for June 19, 2002 to discuss the proposed designation and provide a recommendation to the City Commission for the individual historic property listing. On June 19, 2002, the Board unanimously (7-0) approved the recommendation to the City Commission to list the O'Neal House in the Local Register of Historic Places. Public comment during this meeting was in favor of the designation. The residence at 910 NE 2nd Street, built c. 1926 as a single-family residence is being considered for listing in the Local Register of Historic Places for historical significance under the criteria listed in LDR Section 4.5.1 (B)(2)(a) as the residence of one of Delray's early residents, politically and socially active in the community. The dwelling can also be designated under the criteria listed in LDR Section 4.5.1(C)(3)(a) and (b) as the structure is architecturally significant for its unique interpretation of a Mediterranean-Revival style structure and for its representation of architectural development in Delray Beach and South Florida in the 1920s. If approved, waivers will be requested from the Historic Preservation Board to allow construction of two single family houses on the balance of the property. Approve Ordinance 27-02. ORDINANCE NO. 27-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE O'NEAL HOUSE, LOCATED AT 910 N.E. 2ND AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 2002" TO SHOW 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 WHEREAS, a designation report was prepared for the O'Neal House located at 910 N.E. 2nd Avenue; and WHEREAS, the Historic Preservation Board of the City of Delray Beach held a duly noticed public hearing in regard to the historic designation on June 19, 2002, and voted unanimously to recommend that the O'Neal House be designated a local historic site; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the O'Neal House as a local historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DI~JI.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach, Florida, is hereby designated as a local historic site in accordance with and under the provisions of Section 4.5.1 of the Land Development Regulations of the City of Delray Beach, Florida, to-wit: THE O'NEAL HOUSE, located at 910 N.E. 2nd Avenue, Delray Beach, Florida, more particularly described as follows: Lots 1, 2, 3, 28 and 29, Block 10, Dell Park, Delray Beach, Palm Beach County, Florida, according to the Plat thereof, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County, Florida. Section 2. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the "Zoning Map of the City of Delray Beach, Florida, 2002" 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 this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That 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 ,2002. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 27-02