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Ord 29-02ORDINANCE NO. 29-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 9-95 BY AMENDING THE CAPTION, THE THIRD "WHEREAS" CLAUSE AND SECTION 1 TO CORRECT THE PROPERTY DESCRIPTION AND ADDRESS; 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, Ordinance No. 9-95 was passed and adopted in regular session on second and final reading on February 7, 1995; and WHEREAS, on August 4, 1999, the Historic Preservation Board of the City of Delray Beach held a duly noticed public heating in regard to the expansion of the municipal tennis center to the west; and WHEREAS, the Historic Preservation Board voted unanimously to recommend approval of the expansion, subject to the condition that the Williams House be relocated; and WHEREAS, the plans for the tennis center expansion later changed and the Community Redevelopment Agency then moved forward with plans to redevelop Block 36 (the site of the Susan Williams House); and WHERF. AS, on October 6, 1999, the Historic Preservation Board approved the relocation of the Williams House to the Spady Museum Complex; and WHEREAS, the Williams House was relocated, but the property description and address in Ordinance No. 9-95 were not amended accordingly; and WHERRAS, on June 19, 2002, the Historic Preservation Board of the City of Delray Beach recommended 7 to 0 that Ordinance 9-95 be amended to reflect the correct property description and address. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DR!.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the caption of Ordinance No. 9-95 be amended to read as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE SUSAN WUJ.IAMS HOUSE, LOCATED AT..,.an ......xT tv, ....~a~r' ... ~...~ Axnx~T T,= 154 N.W. 5TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 4094 2002" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Section 2. That the third "Whereas" clause of Ordinance No. 9-95 be amended to read as follows: WHEREAS, a designation report was prepared concerning the designation of the property located at oa0 N.W. oard Avenue 154 N.W. 5th Avenue to the Local Register of Historic Places; and Section 3. That Section 1 of Ordinance No. 9-95 be amended to read 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 Susan Wi!!iums House, located at oa0 N.W. 3rd A-:cnuc 154 N.W. 5th Avenue, Delray Beach, Florida; more particularly described as follows: South 12 feet of Lot 7 anal Lot 8, Melvin S. Bu,td Subdivision. as recorded in Plat Book 11, Page 73. of the Public Records of Palm Beach County.. Florida (154 NW 5th Avenue). Section 4. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the "Zoning Map of Delray Beach, Florida, 2002" to show the historic designation in mi overlay manner. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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 2 ORD. NO. 29-02 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 7. That this ordinance shall become effective mediately upon passage on second and final reading. PASSED/~N)) ADOPTED in regular session on second and final reading on this the day of/~_ ,2002. City Clerk First Readinl~ Second Readin~//~~ MAYOR 3 ORD. NO. 29-02 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM #~Q) ~x~x- REGULAR MEETING OF_IULY 16, 2OO2 ORDINANCE NO. 29-02 (SUSAN WILIJlAMS HOUSE) DATE: JULY 12, 2002 This is second reading and a public heating for Ordinance No. 29-02 amending Ordinance 9-95 which designated the Susan Williams House as a local historic site to be listed in the Local Register of Historic Places. The house was originally located at 30 N.W. 3~d Avenue, Lots 5 and 6, Block 36, Town of Delray. Ordinance 29-02 updates the property description/address and amends the Zoning Map of Delray Beach, Florida 2002 to reflect that the house was moved to 154 N.W. 5t~ Avenue, south of the Spady Museum. It is approximately .15 acres of land located in the Melvin Burd Subdivision that includes the south 12 feet of Lots 7 and 8. The house still retains its architectural and historical integrity despite its relocation. The Historic Preservation Board voted 7-0 to recommend approval of this amendment to Ordinance 9-95 on June 19, 2002. At the first reading on July 2, 2002, The City Commission unanimously approved this ordinance. Recommend approval of Ordinance No. 29-02 on second and final reading. &City Cierk\chevelle folder\agenda memos\iBrd 29-0Z07 16.02 CitY'COMMISSION DocuM~¥'~/~N~~, · TO: THROUGH: FROM: SUBJECT: DAV~)T~.~. H RD..N, CITY MANAGER PAUL DORLING, D~_.~CTOR OF PLANNING AND ZONING WENDY SHAY, HISTORIC PRESERVATION PLANNER MEETING OF JULY 2, 2002 REQUEST FOR AN AMENDMENT TO ORDINANCE 9-95 FOR A PARCEL OF LAND LOCATED AT 154 NW 5t~ AVENUE (THE SUSAN WILLIAMS HOUSE)~ ADJACENT TO THE SPADY MUSEUM BETWEEN MARTIN LUTHER KING~ JR DRIVE AND NW 1s'r STREET; AN INDIVIDUALLY LISTED HISTORIC PROPERTY. B~; K~RO[J~i i~J~NALYSiS ! The Susan Williams House historic designation was previously applied to the house located at 30 NW 3rd Avenue, Lots 5 & 6 of Block 36, Town of Delray, originally the Town of Linton. The structure has been moved to 154 NW 5th Avenue just south of the Spady Museum described as approximately .15 acres of land in the Melvin Burd Subdivision that includes the south 12 feet of Lot 7 & Lot 8. The bungalow style structure, with its battered porch columns and open porch design was constructed in 1935. The residence was built by Isaiah Bruin, however the architect is unknown. The structure was designated based on its contribution of Bungalow architecture as well as its historical affiliation with Susan Williams, a mid-wife who often times provided the only medical service in the historic Sands area (currently a part of the West Settler's Historic District). The residence was her home for the last four years of her life. The house was individually designated in January 1995 prior to the establishment of the West Settler's Historic District. The Delray Beach Community Redevelopment Agency (CRA), along with EPOCH (Expanding and Preserving Our Cultural Heritage), sought the Historic Preservation Board's approval to relocate the Susan Williams House from 30 NW 3re Avenue to 154 NW 5th Avenue. The Board approved the relocation of the Williams House to the Spady Museum Complex during its meeting of October 6, 1999. While the house was subsequently relocated by the CRA, the property description and address in Ordinance 9-95, that established the individual historic designation for the house, was not amended accordingly. Therefore, it is necessary to amend Ordinance 9-95 in order to update the property address and description. During it meeting on June 19, 2002, the Historic Preservation Board recommended approval (7-0) of the amendment to Ordinance 9-95 to the City Commission. Public comment during this meeting was in favor of the amendment in order to update the designation. The historic structure retains its architectural and historical integrity despite its relocation. Therefore, there is no need to alter the historic designation other than to update the property description. Staff recommends approval of the modification to Ordinance 9-95. I Approve Ordinance 29-02. ORDINANCE NO. 29-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 9-95 BY AMENDING THE CAPTION, THE THIRD "WHEREAS" CLAUSE AND SECTION 1 TO CORRECT THE PROPERTY DESCRIPTION AND ADDRESS; 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, Ordinance No. 9-95 was passed and adopted in regular session on second and final reading on February 7, 1995; and WHEREAS, on August 4, 1999, the Historic Preservation Board of the City of Delray Beach held a duly noticed public heating in regard to the expansion of the municipal tennis center to the west; and WHEREAS, the Historic Preservation Board voted unanimously to recommend approval of the expansion, subject to the condition that the Wi!!i~ms House be relocated; and WHEREAS, the plans for the tennis center expansion later changed and the Community Redevelopment Agency then moved forward with plans to redevelop Block 36 (the site of the Susan Williams House); and WHEREAS, on October 6, 1999, the Historic Preservation Board approved the relocation of the Williams House to the Spady Museum Complex; and WHEREAS, the Williams House was relocated, but the property description and address in Ordinance No. 9-95 were not amended accordingly; and WHEREAS, on June 19, 2002, the Historic Preservation Board of the City of Delray Beach recommended 7 to 0 that Ordinance 9-95 be amended to reflect the correct property description and address. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FO! J JOWS: Section 1. That the caption of Ordinance No. 9-95 be amended to read as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNAT/NG THE SUSAN WILLIAMS HOUSE, LOCATED AT an x~ w, aor,, Axr~,.m 154 N W 5TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 197. 2002" TO SHOW THE HISTORIC DESIGNATION IN AN OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. Section 2. That the third "Whereas" clause of Ordinance No. 9-95 be amended to read as follows: WHEREAS, a designation report was prepared concerning the designation of the property located at 30 N.W. 3rd A-;¢n',:¢ 154 N.W. 5th Avenue to the Local Register of Historic Places; and Section 3. That Section 1 of Ordinance No. 9-95 be amended to read 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 Susan Williams House, located at~,van x~.,.,w,., o.,~a-': ... ~..,-,A ....... 154 N.W. 5th Avenue, Deh:ay Beach, Florida; more particularly described as follows: South 12 feet of Lot 7 and Lot 8, Melvin S. Burd Subdivision. as recorded in Plat Book 11. Page 73, of the Public Records of Palm Beach County. Florida (154 NW 5th Avenue). Section 4. That the Planning Director of said City shall, upon the effective date of this ordinance, amend the "Zoning Map of Delray Beach, Florida, 2002" to show the historic designation in an overlay manner. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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 2 ORD. NO. 29-02 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 7. 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 3 ORD. NO. 29-02