ORDINANCE NO. 43-11 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; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 4.5, OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS, SECTION 4.5.1, HISTORIC PRESERVATION SITES AND DISTRICTS, SUBSECTION (K), DESIGNATION OF HISTORIC SITES, 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 including the development of a house on the east side of A-1-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 That Section 1, Designation of Ordinance No. 70-89 of the City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 1, Designation to read as follows: Designation The Fontaine Fox House designation consists of Lots 1 and 2 of the Ocean Apple Estates plat, the South fifty feet (50 ) of Lots 1 and 2 of the Apple Ocean Estates, Plat II, and Lot 3 of the Ocean Apple Estates, Plat II. The Fontaine Fox House is located on Lot 2, Ocean Apple Estates at 610 North Ocean Boulevard. Section 2. That Section 2, Requirements of Designation of Ordinance No. 70-89 of the City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 2, Requirements and Restrictions of Designation to read as follows: Requirements and Restrictions of Designation Not withstanding any provision of the City Code of the City of Delray Beach and any other provision of this Ordinance, the following requirements shall apply to the use and development of the Individually Designated Fontaine Fox site:
(1) No more than three (3) dwelling units shall be used, developed, or located within the boundaries of the Fontaine Fox Historic Site. Two dwelling units currently exist on the historic site, with one unit on Lot 1, Ocean Apple Estates, and the other on Lot 2, Ocean Apple Estates. An additional dwelling unit may be constructed on Lot 3, Ocean Apple Estates, Plat II. (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. (3) No dwelling unit, or any portion thereof, shall be developed within the south fifty feet (50 ) of Lots 1 and 2 of the Ocean Apple Estates, Plat II. Section 3. That Article 4.5, Historic Preservation Sites and Districts, Section 4.5.1, Historic Preservation Sites and Districts, Subsection (K), Designation of Historic Sites, of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (K) established: Designation of Historic Sites: The following Historic Sites are hereby affirmed or (1) THE SCOTT HOUSE, 19 Andrews Avenue, located on the North 50 feet of the West 110 feet of the South 100 feet, less the West 10 feet of the Beach Lot 15, Subdivision of the Fractional East Half of Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach (Original designation by Ordinance 17-90, May 22, 1990). (2) FONTAINE FOX HOUSE, 610 N. Ocean Boulevard, located on the South Half of Lot 4 lying West of State Road A1A, (less the West 435.5 feet thereof, less the West 25 feet thereof for road Rightof-way), that part of the South 10 feet of Lot 3 and the North Half of Lot 4 lying West of State Road A1A (less the West 25 feet thereof for road Right-of-way), and Lot 3 (less the South 10 feet thereof, less the West 25 feet thereof for road Right-of-way) (less Right-of-way of State Road A1A, missing from original description) of Block E, Revised Plat of Blocks D and E, Palm Beach Shore Acres, Delray Beach, Palm Beach County, Florida as Recorded in Plat Book 7, Page 38, of the Public And that part of the South 10 feet of Lot 3 lying East of the Right-of-way of State Road A1A. Lot 2 of Ocean Apple Estates, and whose historically designated boundary consists of Lots 1 and 2, Ocean Apple Estates, and a portion of Ocean Apple Estates, Plat II described as the South 50 feet of Lots 1 and 2, and Lot 3. (Original Designation by Ordinance 70-89, October 24, 1989; Amended by Ordinance 43-11, December 6, 2011) (3) SITE OF SCHOOL NO. 4 DELRAY COLORED, located on Block 28, Lot 2, N.W. 5th Avenue. (Original designation by Ordinance 16-89) (4) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W. 4th Avenue, located on Lot 7, Block 28, Delray Beach. (Original designation by Ordinance 17-89) (5) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W. 5th Avenue, located on Lot 5, Block 27, Delray Beach (Original designation by Ordinance 18-89) (6) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE 275, 85 N.W. 5th Avenue, located on Lot 1, Block 28, Delray Beach (Originally designation by Ordinance 19-89) 2
(7) ST. MATTHEW EPISCOPAL CHURCH, 404 S.W. 3rd Street, located on Lot 1, Block 32, Delray Beach (Original designation by Ordinance 20-89) (8) THE KOCH HOUSE, 777 North Ocean Boulevard. Palm Beach Shore Acres, Lot 21, Block D, Delray Beach, Palm Beach County (9) SUNDY FEED STORE, located on the South 85 feet of the North 153 feet of Lot 1, Block 84, Delray Beach, Palm Beach County. (10) HISTORIC DEPOT SQUARE, located on a parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach (Original designation by Ordinance 119-88) (11) THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX, located on the South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of Lot 21 and Lots 22, 23, 24 and 25, Inclusive, Block 108. And Lots 5, 6 and 7, Less 5 foot Road R/W, Block 108, Town of Delray, with the designation pertaining to the buildings only and not the grounds. (12) MILTON-MYERS POST NO. 65, THE AMERICAN LEGION OF THE UNITED STATES, 263 N.E. 5th Avenue, located on Lots 5, 14 and 15, Block 106, Delray Beach, formerly Town of Linton, Palm Beach (13) SOLOMON D. SPADY HOUSE, 170 N.W. 5th Avenue, located on Lots 5, 6 and the north 26.25 feet of Lot 7, Block 19, Delray Beach, formerly Town of Linton, Palm Beach (14) THE SUSAN WILLIAMS HOUSE, located at 154 N.W. 5 th Avenue, Delray 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 N.W. 5 th Avenue). (15) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lots 12, 13, and 14, Block 117, Delray Beach, formerly Town of Linton, Palm Beach (16) THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block 60, Delray Beach, formerly Town of Linton, Palm Beach (17) THE HISTORIC BUNGALOW, 24 North Swinton Avenue, located south 50 feet of Lot 11, Block 60, Delray Beach, formerly Town of Linton, Palm Beach (18) THE SANDOWAY HOUSE, 142 South Ocean Boulevard. Beach Lots Delray, the South 73 feet of the North 100 feet of Lot 24, less the West 355 feet, as recorded in Plat Book 1, Page 25, of the Public (19) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, located on a portion of the Trinity Evangelical Lutheran Church property at 400 North Swinton Avenue, Delray Beach, Florida; more particularly described as the East ½ of Lot 12, Section 8-46-43, Delray Beach, Palm Beach The chapel is the only building in the church complex receiving an historic designation. The church complex is located at the northwest corner of Lake Ida Road and Swinton Avenue. 3
(20) THE TURNER HOUSE, located at 145 N.E. 6th Avenue, Delray Beach, Florida; more particularly described as the South 27.6 feet of Lot 5, less the West 5 feet SR R/W, Lots 6 & 7, less the West 5 feet SR R/W, of Block 115, as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach (21) THE PRICE HOUSE, located at 1109 Sea Spray Avenue, Delray Beach, Florida; more particularly described as Lot 11, Sea Spray Estates, as recorded in Plat Book 21 at Page 15 of the Public (22) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH, located at 36 Bronson Street, Delray Beach, Florida; more particularly described as Lots 16, 17, 18 and 19, Block 3, Ocean Park Subdivision, as recorded in Plat Book 5 at Page 15 of the Public (23) THE ATLANTIC AVENUE BRIDGE (State Structure #930864), located at East Atlantic Avenue and the Intracoastal Waterway in the City of Delray Beach, Palm Beach (24) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the N.E. 8 th Street Bridge, (State Structure #930026), located at George Bush Boulevard and the Intracoastal Waterway in the City of Delray Beach, Palm Beach (25) THE WATER HOUSE, located at 916 and 918 Northeast 5 th Street, Delray Beach, Florida; more particularly described as the West 84.82 feet of Lot 37, Las Palmas, Delray Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10 at Page 68. (26) 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 (27) THE AMELUNG HOUSE, located at 102 NE 12 th Street, Delray Beach, Florida, more particularly described as follows: Lot 9, Block 6, Dell Park, according to the Plat recorded in Plat Book 8, Page 56, recorded in the Public Records of Palm Beach County, Florida; said land situate, lying and being in Palm Beach (28) THE DEWITT ESTATE, located at 1110 North Swinton Avenue, Delray Beach, Florida, more particularly described as the East 365.69 feet of Lot 8 (less the West 40.00 feet of the South 20.00 feet of said East 365.69 feet of Lot 8) Subdivision of South half of East half of Lot 8, Section 8, Township 46 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public (29) THE HARTMAN HOUSE, located at 302 N.E. 7 th Avenue, Delray Beach, Florida, more particularly described as follows: Lots 13 and 14, Block 113, Highland Park according to the map or plat thereof as recorded in Plat Book 2, Page 79, of the Public (30) THE SEWELL C. BIGGS HOUSE, located at 212 Seabreeze Avenue, Delray Beach, Florida, more particularly described as follows: Lot 21 and the West 35 feet of Lot 22, Delray Beach 4
Esplanade, according to the plat thereof, as recorded in Plat Book 18, Page 39, Public Records of Palm Beach 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon recordation of the Ocean Apple Estates, Plat II. PASSED AND ADOPTED in regular session on second and final reading on this the day of, 201. ATTEST M A Y O R City Clerk First Reading Second Reading 5