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Home My WebLink AboutO-2000-038 Designating Nyberg Swanson as a Historic Building ORDINANCE NO. 2000-038 r� AN ORDINANCE OF THE CITY OF DANIA BEACH FLORIDA WITH THE CITY COMMISSION SITTING AS THE CITY HISTORIC PRESERVATION BOARD, DESIGNATING THE FOLLOWING AS HISTORIC BUILDINGS AND LANDMARKS WITHIN THE CITY OF DANIA BEACH: THE NYBERG-SWANSON HOUSE, THE DANIA WOMAN'S CLUB, THE BANK OF DANIA, THE DANIA BEACH HOTEL, THE HOTEL POINCIANA AND MARTIN C. FROST RESIDENCE, ALL AS MORE FULLY DESCRIBED IN ATTACHMENT A; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach has adopted an Historic Preservation Ordinance pursuant to Chapter 267 of the Florida Statues so that historic sites and properties may be protected and preserved; and WHEREAS, the City has caused to be studied the buildings within the community that have specific architectural, historic or aesthetic significance warranting as a matter of public policy special protection and preservation; and WHEREAS, the City's study has identified specific buildings that should be designated as historic buildings and landmarks, which include the Nyberg-Swanson House, the Dania Woman's Club, the Bank of Dania, the Dania Beach Hotel, the Hotel Poinciana and the Martin C. Frost Residence; and WHEREAS, on August 16, 2000, the City of Dania Beach Planning and Zoning Board reviewed the properties identified above for designation as historic buildings and landmarks, and recommended their designations as consistent with the City of Dania Beach Comprehensive Plan; and WHEREAS, on September 12, 2000, the City of Dania Beach adopted an Historic Preservation Ordinance, Ordinance No. 2000-037, which provides for the designation of such properties; and WHEREAS, the City Commission of the City of Dania Beach, sitting as the City Historic Preservation Board, has reviewed city staff report and the Planning and Zoning Board recommendation on the designations of such properties. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SITTING AS THE CITY HISTORIC PRESERVATION BOARD: Section 1. That the following properties in the City of Dania Beach'are hereby designated as historic buildings and landmarks, as more fully described on Attachment A, incorporated herein: ORDINANCE NO. 2000-038 • Nyberg-Swanson House, 101 West Dania Beach Boulevard Dania Woman's Club, 117 N.W. I"Avenue Bank of Dania, 2 South Federal Highway Dania Beach Hotel, 180 East Dania Beach Boulevard Hotel Poinciana, 141 N.W. I"Avenue Martin C. Frost Residence, 400 South Federal Highway Section 2. All ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this ordinance are repealed to the extent of such conflict. Section 3. If any clause, section or other part of this ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 4. This Ordinance shall be in force and take effect immediately upon its final passage and adoption. PASSED on First Reading on August 22, 2000. PASSED and ADOPTED on Second and Final Reading on September 12, 2000. C. K. Mc LYE MAYOR-COMMISSIONER ROLL CALL: MAYOR McELYEA -YES VICE-MAYOR BERTINO - YES COMMISSIONER CALI - YES COMMISSIONER ETLING - YES COMMISSIONER MIKES - YES ATTEST: ACTIN6 CITY CLZRK APPROVED AS TO FORM AND CORREC ESS: THO ASV ANSBRO CITY ATTORNEY ORDINANCE NO. 2000-038 - GROWTH MANAGEMENT DEPARTMENT STAFF MEMORANDUM TO: Michael Smith, City Manager FROM: Laurence Leeds, AICP Growth Management Director RE: Request to Designate Historic Properties DATE: September 12, 2000 City Commission Meeting (Second Reading) The "Draft" Historic Preservation Plan identifies 13 buildings potentially eligible for the National Registry of Historic Places. Staff, with the agreement of Dr. Adams and the City Attorney's Office, proposes designating six of these buildings as part of Phase I Implementation of the Historic Preservation Plan. The sites include the Nyberg- Swanson House, Dania Woman's Club, Bank of Dania, Dania Beach Hotel, Hotel Poinciana, and the Martin Frost Residence. Dr. Adams of Historic Property Associates has prepared Historic Designation Reports • for each of the six buildings referenced above. Each building must be designated "historic" by the City Commission to be subject to the jurisdiction of the Historic Preservation Ordinance. STAFF RECOMMENDATION Approval. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval. Historic Preservation CC Memo CITY OF DANIA BEACH • CITY COMMISSION HISTORIC RESOURCES REVIEW BOARD DESIGNATION APPLICATION FOR HISTORIC BUILDING Designation No. Date: Site Name:Nyberg-Swanson House Site Address:100 Dania Beach Boulevard Legal Description: Town of Dania B-49 D Unnumbered Blk, Labeled Park, Lying S of Blk 14 & N of Dania Beach Blvd, less W 150 of E 250 thereof Type of Ownership: Public Applicable Criteria for Designation, Section 4.1 (C): The commission shall recommend the designation of property as a landmark or landmark site after the public hearing based upon one or more of the following criteria: Its value is a significant reminder of the cultural or archeological heritage of the city, county, state, or nation; Its location is a site of a significant local, state, or national event; X It is identified with a person or persons who significantly contributed to the development of the city, state, or nation; _ It is identified as the work of a master builder, designer or architect whose individual work has influenced the development of the city, state, or nation; X Its value as a building is recognized for the quality of its architecture, and it retains sufficient elements showing its architectural significance; X It has distinguishing characteristics of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials; _ Its character is a geographically definable area possessing a significant concentration, or continuity of sites, buildings, objects or structures united in past events or aesthetically by plan or physical development; or _ Its character is an established and geographically definable neighborhood, united in culture, architectural style or physical plan and development. Summary The Nyberg-Swanson House is si significant at the local level under National Register g Criteria A and C in the areas of Architecture and Community Planning and Development (see below). The building was one of the earliest dwellings erected in the City of Dania, which was founded by immigrant Danes and Swedes in the early part of the 20th century. The house was constructed ca. 1912 for Charles Nelson, a native of Denmark and one of the community's early residents. Nelson was a developer of property, a farmer, and a politician active in the political and social life of the city. In 1917, the dwelling was acquired by Swedish immigrants Carl Gustaf Nyberg and his wife, Emmy. They made their own contributions to the economic and political life of the community. Following the death of her husband in the early 1920s, Emmy Nyberg married John Swanson, also a native of Sweden. Swanson was a successful farmer and served several terms on the town council during the 1930s. The building is also architecturally significant as an excellent local example of the Colonial Revival architectural style and is the only example in the city of a dwelling constructed of distinctive rough-faced cast concrete block. The building should also be considered under Criteria Consideration B as a resource removed from its original location but which is significant primarily for its architectural value, and as the surviving structure most importantly associated with a historic person or event. Architectural Description The Nyberg-Swanson House is a good, local example of early 20th century Colonial Revival architecture in Dania and Broward County. The building, a rectangular structure with a hipped-roof, consists of 1-1/2 stories, with a one-story, full-width veranda supported by classical columns. It is unusual in its use of rusticated concrete block instead of the more familiar brick or weatherboard characteristic of Colonial Revival architecture. Colonial Revival features include wooden Tuscan columns on the veranda and the small pedimented entrance portico. Other defining features are the classical serliana that separates the foyer from the dining room, the oval-shaped, beveled glass light in the main entrance door, and the delicate spindle balusters of the staircase found in the foyer. The Nyberg-Swanson House is the only surviving example of the use of rusticated concrete block construction in the city of Dania. The house is also notable for its large, hipped dormers and for its use of metal shingles as a roofing material, which was popular in South Florida during the late 19th and early 20th centuries. The 18+1/1-light windows are another unusual detail, probably derived from the vocabulary of Queen Anne architecture. Historical Context The Nyberg-Swanson House was constructed in the Park Hill subdivision, a ten-acre tract that had been acquired about 1905 by Jena and Kjerstine Eskildsen, residents of Cook County, Illinois, and representatives of the Dania Brotherhood of America. The Eskildsens apparently did not reside in Dania. Early investors and developers of Dania real estate, they opened Elskidsen's Addition to Dania ca. 1904 on the north end of the Henry Flagler's Modelo town plan. In August is 1911, they sold their ten-acre tract in section three to settlers Charles and Olive Nelson. In May 1912, Charles Nelson hired Civil Engineer Charles Pratt to subdivide the ten acres for residential ® development. The subdivision lay at the south end of the Dania town plan and west of South Federal Highway. Nelson recorded the plat, named Park Hill, on October 12, 1912. It consisted of nearly 100 building lots and a small central park. Shortly after platting the subdivision, Nelson constructed the masonry dwelling, which originally faced Chicago Avenue, now called Federal Highway. Immediately to the north lay Denmark Street, now Southeast 2nd Street. By 1924 three additional masonry houses had been built in Park Hill subdivision, none of which remains standing. Nelson had immigrated to the United States from Denmark in 1896. He was among the first Scandinavian settlers in Dania. Between 1904 and 1917 he acquired numerous town lots and farm parcels, and operated a truck farm. He was elected to the Dania town council, serving one term (1914 - 1915). His wife, Olive, helped organize the Dania Civic Improvement Club in 1913 and served as its first secretary. In 1917 the Nelsons sold their home to Carl Gustaf and Emmy Nyberg for$4,700 and apparently left the area. Carl Gustaf Nyberg, known popularly as "Gust," arrived in Dania about 1903 and was joined by Emmy in 1907. Between 1907 and 1911, Gust acquired approximately 100 acres of farmland surrounding Dania and town lots in the city from the Florida East Coast Railway's Model Land Company and from several early Dania settlers. In 1906, he acquired a two-story house at 125 South Federal Highway in lot 16, block 25 of the Modelo town plan, where they resided for approximately a decade. He became a successful farmer and in 1911 leased a fourteen-foot by sixty-foot lot next to the Florida East Coast Railway tracks. On the site he built a packing house, which was one of eleven packing houses located on the east side of the tracks between Dania Beach Boulevard and Northwest 2nd Street. He served one term(1912 - 1913) on the Dania town council. In December 1918, about eighteen months after acquiring the house, Gust was killed when his automobile was struck by a Florida East Coast Railway train at the Stirling Road crossing,just two blocks west of his home. The Ft. Lauderdale Sentinel reported that the car was completely wrecked and Nyberg died within minutes of the crash. Nyberg was survived by his wife and two children, five-year-old Ellen and two-year-old Viola. His estate was appraised at $18,500, including 400 acres of farmland. Emmy continued to operate the truck farm and packing house. About 1921 she married Richard Swanson, a native of Sweden who had immigrated to the United States in 1906 and had been naturalized as a citizen in 1915, about the time of his arrival in Dania. Richard and Emmy Swanson continued to operate the truck farm and packing house. Swanson developed a partnership with Ira C. Williams and operated the farm and packing house under the name Swanson and Williams Company. During the 1920s, Richard and Emmy speculated in real estate. About 1923, Emmy and her daughter, Ellen Stainoff, developed Nyberg Apartments, a two-story masonry building located at 107 North Federal Highway in Dania. Ellen managed the property. Richard Swanson opened a real estate business about 1926. Swanson's success as a farmer and businessman spilled over into politics. In November 1929 he won a seat on the town council and was re-elected several times, serving one-year terms between 1931 and 1935. During the period, Swanson expanded his family interests with Ira Williams, and by 1940 the partners had added a fruit packing house along the railroad tracks. Emmy prospered from her investments and farm operations. She died in May 1945, leaving an estate of $97,229.27, including $35,000 in cash, bonds and certificates. Richard Swanson and his descendants continued to reside in the dwelling until 1975. The building was then adapted for use as a hair styling salon, a purpose it served until the 1990s, when the property was purchased for the construction of a new commercial building. To save the house from destruction, the owner and the City of Dania cooperated to relocate the structure to its present location. The LaPlant-Adair Company of Boynton Beach, recipient of an award from the Florida Trust for Historic Preservation for its part in preserving Sea Gull Cottage in Palm Beach, moved the Nyberg-Swanson House to its present site in 1994. For several years, the City used it as the office of the fire chief and his staff. The building is scheduled for rehabilitation as a museum. National Register Criteria The standard criteria used to define a historic building was developed by the National Park Service to determining eligibility for listing in the National Register of Historic Places. Properties listed in the National Register must possess historical significance and integrity. Significance may be found in four aspects of national, state, or local history: A. Association with historic events or activities. B. Association with important persons. C. Distinctive design or architectural characteristics. D. Potential to provide important information about prehistory or history (generally applied to archaeological sites). CITY OF DANIA BEACH CITY COMMISSION HISTORIC RESOURCES REVIEW BOARD DESIGNATION APPLICATION FOR HISTORIC BUILDING Designation No. Date: Site Name: Dania Woman's Club Site Address:117 NW 1" Avenue Legal Description: Town of Dania B-49 D Unnumbered Blk, Labeled Park, Lying S of Blk 14& N of Dania Beach Blvd, less W 150 of E 250 thereof Type of Ownership: Public Applicable Criteria for Designation, Section 4.1 (C): The commission shall recommend the designation of property as a landmark or landmark site after the public hearing based upon one or more of the following criteria: Its value is a significant reminder of the cultural or archeological heritage of the city, county, state, or nation; Its location is a site of a significant local, state, or national event; X It is identified with a person or persons who significantly contributed to the development of the city, state, or nation; It is identified as the work of a master builder, designer or architect whose individual work has influenced the development of the city, state, or nation; Its value as a building is recognized for the quality of its architecture, and it retains sufficient elements showing its architectural significance; _ It has distinguishing characteristics of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials; _ Its character is a geographically definable area possessing a significant concentration, or continuity of sites, buildings, objects or structures united in past events or aesthetically by plan or physical development; or _ Its character is an established and geographically definable neighborhood, united in culture, architectural style or physical plan and development. Summary � � The Dania Community Library and ;. Woman's Club fulfills criteria A and C in the areas of architecture, community planning and development, and social history at the local level for listing in the National Register of Historic Places. Under criterion A, the building possesses significance as the municipal library and woman's club in the City of Dania. Through the impetus of the Dania Woman's Club, the building developed in two phases: the construction of the library in 1935, and the addition of an adjoining meeting hall in 1950. The building also possesses significance under criterion C. A wood frame building, it represents a specialized building type designed and constructed to serve education and social functions. The building possesses additional special merit, for it broadens our understanding of the development of Florida's woman's clubs. The building retains its architectural integrity to a high degree. Architectural Description The building is an example of wood frame vernacular construction. Frame vernacular, the prevalent style of residential architecture in Florida, refers to common wood frame construction techniques employed by lay or self-taught builders. Before the Civil War, residents relied upon local materials and their own methods and designs to construct houses. The Industrial Revolution permitted standardization of building materials and parts, and exerted a pervasive influence over vernacular house design. Popular magazines helped to make architectural trends universal throughout the country. The railroad provided cheap and efficient transportation for manufactured building materials. Ultimately, individual builders had access to finished architectural products from which to create their own designs. Many popular vernacular building forms of the Antebellum period were used by builders during the late 19th and early 20th centuries. Frame vernacular buildings are typically one or two stories in height, with wood frame structural systems and pier foundations. They display a variety of footprints, plans, and forms, including composite, I-house, irregularly massed, single- or double-pen, and saddlebag. Early models often have steeply-pitched gable or hip roofs that accommodate attic space. Board-and- batten, horizontal drop-siding, weatherboard, and wood shingles are common exterior wall surface materials. Porches, most commonly simple entrance or end models, protect entrances. Fenestration is regular, but not always symmetrical. Windows consist of double-hung sashes or casements, and paneled wood doors often contain glazings. Exterior decoration is sparse and limited to ornamental woodwork. The building is a good example of vernacular architecture applied to a public building. Its blending of wood frame vernacular architectural influences from the mid 1930s and late 1940s broadens our understanding of the influence of woman's clubs in relatively small Florida cities. The building retains its architectural integrity to a high degree. Historical Context The Dania Woman's Club was organized July 18, 1923. Club projects in the 1920s included sponsorship of a girl scout troop, beautifying the cemetery and Federal Highway, and supervising activities in the town's community club. It undertook a library project in 1928, starting with fund raising. By 1934 its library had expanded to 1,000 books. A building committee was organized in 1935, with Mrs. A. J. Ryan as chair. Plans for a building were prepared by John M. Peterman, a Ft. Lauderdale architect, and presented at the May meeting. Later that month the City gave the club permission to build the library in the northeast corner of the city park. In a report to the City Council in 1935, the club president indicated the cost of construction would be $900. The Council endorsed the project and contributed $150. The project was turned over to Dania builder John Anderson. The completed building, used as the community library, contained 3,047 books. In late 1940, the club began looking toward extending the building to include a clubhouse ® area. The war interrupted activities and it was not until 1949 that construction began. The cost of construction for the extension came to about $5,000. Club membership, in the thirties ten years before, rose to nearly 100 in 1954. In the mid-1970s, the Broward County Library System began developing a countywide service and in 1978 the Dania Woman's Club branch was closed. The building was subsequently used for storage and a meeting space. National Register Criteria The standard criteria used to define a historic building was developed by the National Park Service to determining eligibility for listing in the National Register of Historic Places. Properties listed in the National Register must possess historical significance and integrity. Significance may be found in four aspects of national, state, or local history: A. Association with historic events or activities. B. Association with important persons. C. Distinctive design or architectural characteristics. D. Potential to provide important information about prehistory or history (generally applied to archaeological sites). CITY OF DANIA BEACH CITY COMMISSION HISTORIC RESOURCES REVIEW BOARD DESIGNATION APPLICATION FOR HISTORIC BUILDING Designation No. Date: Site Name: Bank of Dania Site Address: 2 South Federal Highway Legal Description: Town of Dania B-49 D Lot 1& 2, less W St RD Blk 22 Type of Ownership: Private Applicable Criteria for Designation, Section 4.1 (C): The commission shall recommend the designation of property as a landmark or landmark site after the public hearing based upon one or more of the following criteria: _X_ Its value is a significant reminder of the cultural or archeological heritage of the city, county, state, or nation; Its location is a site of a significant local, state, or national event; X_ It is identified with a person or persons who significantly contributed to the development of the city, state, or nation; _ It is identified as the work of a master builder, designer or architect whose individual work has influenced the development of the city, state, or nation; X Its value as a building is recognized for the quality of its architecture, and it retains sufficient elements showing its architectural significance; X_ It has distinguishing characteristics of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials; _ Its character is a geographically definable area possessing a significant concentration, or continuity of sites, buildings, objects or structures united in past events or aesthetically by plan or physical development; or _ Its character is an established and geographically definable neighborhood, united in culture, architectural style or physical plan and development. Summary �� The Bank of Dania, located at 2 South Federal Highway, appears eligible under Criteria B & C for local significance for listing in the National Register of Historic Places in the areas of � architecture and community and economic x development. e Ax.e Under criteria B, the structure possesses .' significance for its association with many of Dania's key pioneers, including A.C. Frost, I.T Parker, and Art J. Ryan, Sr., in connection with the development of the city's downtown economy. One of Dania's first Main Street structures, the Bank of Dania represents the pinnacle of Dania's economic prosperity and growth. The Bank of Dania also possesses significance under Criteria C for its unique Neo-classical style, including the incorporation of numerous classical elements. The building's architectural features are rare in the region and the retention of the building's brick structural system, classical elements, and distinct front facade and exterior fabric make the building a considerable asset to the community's architectural heritage. Architectural Description ® Located in the heart of downtown Dania Beach, the two-story, commercial brick structure measures 3 bays by 6 bays. Patterned after the Neo-Classical style, the structure's exterior fagade consists of such distinct architectural features as colossal, fluted Ionic columns, a wide frieze with dentils on the east elevation, and decorative bas-relief designs above a tiled string course on the north elevation. The contrasting gold brick exterior compliments the white Neo- classical architectural ornamentation. Fenestration includes modern, single light windows with metal frames. A decorative stepped brick parapet surrounds the structure's flat, built-up roof. The interior of the structure has been altered from its original design but retains its high, cathedral ceilings and red brick walls. The commercial structure remains a staple to the city's downtown commerce and is a landmark along the local Main Street district. Documented as the only remaining example of Neo-classical architecture in Dania, preservation of the building remains critical for the retention of the city's physical history. )Historical Context A.C. Frost originally founded the Bank of Dania on May 1, 1912. The bank's founders included Frost, William S. Parker, I.T. Parker, A.J. Ryan, Sr., and M.C. Hardee. Originally located at 1 North Federal Highway, where the Pirate's Inn stands today, the Bank of Dania moved to its location at 2 South Federal Highway in 1926, where it remained until 1956. Designed by architects John Peterson and J.L. Hardgrove, construction on the new bank began in 1923. In 1926, the bank was reorganized as the Dania Bank and taken over by the Parker brothers. The final cost of the structure totaled a whopping $35,000. The bank shared the building with other businesses such as the T & T grocery. In 1956, the bank was moved to a new location at 255 East Dania Beach Boulevard and the old bank building sat idle until the city purchased the structure in 1966. The building currently lies at the heart of the city's Main Street district and remains a staple to the community's economic development. National Register Criteria The standard criteria used to define a historic building was developed by the National Park Service to determining eligibility for listing in the National Register of Historic Places. Properties listed in the National Register must possess historical significance and integrity. Significance may be found in four aspects of national, state, or local history: A. Association with historic events or activities. B. Association with important persons. C. Distinctive design or architectural characteristics. D. Potential to provide important information about prehistory or history (generally applied to archaeological sites). • • CITY OF DANIA BEACH CITY COMMISSION HISTORIC RESOURCES REVIEW BOARD DESIGNATION APPLICATION FOR HISTORIC BUILDING Designation No. Date: Site Name: Dania Beach Hotel Site Address: 180 East Dania Beach Boulevard Legal Description: All of Blk 1 of the Dania Beach Subdivision as recorded in Plat Book 8, Page 1 of the Public Records of Broward County, Florida Type of Ownership: Private Applicable Criteria for Designation, Section 4.1 (C): The commission shall recommend the designation of property as a landmark or landmark site after the public hearing based upon one or more of the following criteria: _X_ Its value is a significant reminder of the cultural or archeological heritage of the city, county, state, or nation; Its location is a site of a significant local, state, or national event; X It is identified with a person or persons who significantly contributed to the development of the city, state, or nation; X It is identified as the work of a master builder, designer or architect whose individual work has influenced the development of the city, state, or nation; X Its value as a building is recognized for the quality of its architecture, and it retains sufficient elements showing its architectural significance; _X_ It has distinguishing characteristics of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials; _ Its character is a geographically definable area possessing a significant concentration, or continuity of sites, buildings, objects or structures united in past events or aesthetically by plan or physical development; or Its character is an established and geographically definable neighborhood, united in 0 culture, architectural style or physical plan and development. Summaryk9. a The Dania Beach Hotel, located at 180 East Dania Beach Boulevard, appears eligible under National Register Criteria B & C for its local ' s � significance for listing on the National Register ofn �� . Historic Places in the areas of local history, community planning and development, architecture, and commerce and economic growth. Under criteria B, the structure possesses significance for its association with architect Francis Abreu and to its builder Art J. Ryan, Sr. and for their considerable contributions to the area's development. Abreu, having practiced in nearby Fort Lauderdale, was most noteworthy for his regional interpretations of the Mediterranean Revival style of architecture. His various commercial and residential structures can be found throughout South Florida and the Dania Beach Hotel is perhaps one of his finest works. The hotel's builder, Art J. Ryan, Sr. was a prosperous land developer, realtor, and businessman who developed much of the city of Dania, including Dania's downtown area, as tourism grew into one of the region's most prosperous industries. In the 1920s, the hotel became famous for its various amenities and its national publicity helped spawn the growth of what is today downtown Dania Beach. Architectural Description The two-story hollow clay tile structure lies just east of the Dania Beach downtown commercial district. Popular in the region and during the 1920s, the structure is a paradigm of the Mediterranean-Revival style. The asymmetrical u-shaped plan of the structure compliments the textured stucco exterior and Spanish influences. The open courtyard along the east elevation served as the structure's original entrance, which opened off of the hotel's main lobby. The complex roof planes are comprised of barrel tiled, hipped and gabled segments with a front facing gable on the north elevation and hipped roofs that cover the remainder of the structure, including the dwelling's four corner towers. Fenestration is symmetrical and includes 6/6 double hung sash windows. The asymmetrical front fagade was originally a side entrance but today serves as the main entrance to the building. The hotel's ties with its famed builder and architect and its significance to Dania's community development supports its local and national recognition. The building's condition is presently only fair, which highlights the critical need for the building's preservation; it remains a good candidate for an adaptive use project. Historical Context rA native of New York State, architect Francis Abreu was born at his grandfather's estate on the Hudson River in 1896. Abreu attended Cornell University's College of Architecture in 1916. He completed his education at Cornell in 1921 after his service in the armed forces during World War I. Attracted by the booming real estate market, Abreu relocated to South Florida and opened an office in Fort Lauderdale in 1923. For five years, Abreu designed some of the most notable buildings in South Florida, including the Las Olas Casino, the Dania Beach Hotel, and various residences, many of them inspired by the Mediterranean-Revival style, scattered throughout Broward County. In 1928, Abreu moved his practice to Georgia but continued work throughout the state of Florida. Abreu remained active in the field of architecture until his death in 1969. Though his stay in South Florida was brief, Abreu. remains one of the area's most distinguished and memorable architects for his many architectural contributions. The hotel's builder, Art J. Ryan, Sr., came to Dania on his honeymoon in 1923 with his bride, Genevieve. After their brief stay in South Florida, the Ryans decided to relocate to Dania from their home in Chicago. One of the original partners of the Dania Bank, Art J. Ryan, Sr. was a leading pioneer in the planning and economic development of Dania. He began a prosperous land development company and helped to promote the growth of Dania during the land boom of the 1920s. Ryan made his mark throughout the city, helping to build various commercial and residential structures in addition to his civic service. Ryan's various contributions can still be seen throughout Dania. The Dania Beach Hotel provides the most conspicuous physical example of Ryan's work. . National Register Criteria The standard criteria used to define a historic building was developed by the National Park Service to determining eligibility for listing in the National Register of Historic Places. Properties listed in the National Register must possess historical significance and integrity. Significance may be found in four aspects of national, state, or local history: A. Association with historic events or activities. B. Association with important persons. C. Distinctive design or architectural characteristics. D. Potential to provide important information about prehistory or history (generally applied to archaeological sites). CITY OF DANIA BEACH CITY COMMISSION HISTORIC RESOURCES REVIEW BOARD DESIGNATION APPLICATION FOR HISTORIC BUILDING Designation No. Date: Site Name: Hotel Poinciana Site Address: 141 NW ls` Avenue Legal Description: Town of Dania B-49 D Lot 1-4 Blk 9 Type of Ownership: Private Applicable Criteria for Designation, Section 4.1 (C): The commission shall recommend the designation of property as a landmark or landmark site after the public hearing based upon one or more of the following criteria: _X_ Its value is a significant reminder of the cultural or archeological heritage of the city, county, state, or nation; Its location is a site of a significant local, state, or national event; It is identified with a person or persons who significantly contributed to the development of the city, state, or nation; _ It is identified as the work of a master builder, designer or architect whose individual work has influenced the development of the city, state, or nation; X Its value as a building is recognized for the quality of its architecture, and it retains sufficient elements showing its architectural significance; It has distinguishing characteristics of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials; Its character is a geographically definable area possessing a significant concentration, or continuity of sites, buildings, objects or structures united in past events or aesthetically by plan or physical development; or _ Its character is an established and geographically definable neighborhood, united in culture, architectural style or physical plan and development. Summary The Hotel Poinciana, located at 141 NW lst Avenue, appears eligible under Criteria C for local significance for listing in the National Register of rr Historic Places in the area of architecture. s The building possesses significance under criteria ` ' C for its unique Mission inspired architectural style. The a property retains much of its integrity and has been well i maintained and is a good example of adaptive use. Architectural Description Inspired by the Mission style of architecture, the three-story concrete block structure has a smooth and textured stucco exterior. Centered on the front fagade is a curvilinear gable with molded coping that runs along the stepped parapet on the north and south elevations. Symmetrical paired canales lie along the upper front fagade. A molded stringcourse divides the first and second floors and add to the building's horizontality. Double glass doors provide an entryway on the east facing, front fagade. Fenestration consists of 1/1 double hung sash windows with lug sills and varies from single and paired to banded windows on each elevation. Windows run symmetrically along the east and west elevations, but are asymmetrical on the north and south elevations. There is little ornamentation throughout the building and sparse landscaping surrounding the property. Historical Context One of the city's historic downtown hotels, the Hotel Poinciana was constructed after the 1926 hurricane and provided lodging for both transients and tourists passing through Dania Beach. Originally run by Katie Buchanan, the structure remained a hotel until the mid-1980s when it was converted to rehabilitation housing. National Register Criteria The standard criteria used to define a historic building was developed by the National Park Service to determining eligibility for listing in the National Register of Historic Places. Properties listed in the National Register must possess historical significance and integrity. Significance may be found in four aspects of national, state, or local history: A. Association with historic events or activities. B. Association with important persons. C. Distinctive design or architectural characteristics. D. Potential to provide important information about prehistory or history. CITY OF DANIA BEACH CITY COMMISSION HISTORIC RESOURCES REVIEW BOARD DESIGNATION APPLICATION FOR HISTORIC BUILDING Designation No. Date: Site Name: Martin C. Frost Residence Site Address: 400 South Federal Highway Legal Description: Dania Heights 3-22 B Lot 1 less St Rd 2 less St Rd 3 less St Rd Blk 2 Type of Ownership: Private Applicable Criteria for Designation, Section 4.1 (C): The commission shall recommend the designation of property as a landmark or landmark site after the public hearing based upon one or more of the following criteria: X Its value is a significant reminder of the cultural or archeological heritage of the city, county, state, or nation; X Its location is a site of a significant local, state, or national event; It is identified with a person or persons who significantly contributed to the development of the city, state, or nation; _ It is identified as the work of a master builder, designer or architect whose individual work has influenced the development of the city, state, or nation; _X_ Its value as a building is recognized for the quality of its architecture, and it retains sufficient elements showing its architectural significance; _X_ It has distinguishing characteristics of an architectural style valuable for the study of a period, method of construction, or use of indigenous materials; _ Its character is a geographically definable area possessing a significant concentration, or continuity of sites, buildings, objects or structures united in past events or aesthetically by plan or physical development; or _ Its character is an established and geographically definable neighborhood, united in culture, architectural style or physical plan and development. Summary � The Martin Frost House at 400 South Federal Highway appears to be eligible under ' criteria B and C at the local level in the area of — " architecture and community planning and t— _k development for listing in the National Register of t y f t Historic Places. Possessing significance under criteria B,the house is associated with Martin Frost, ' one of Florida's largest tomato farmers and a Dania politician and developer.The residence stands in the Dania Heights subdivision,which Martin Frost opened for development in October 1923.The dwelling was completed the following year by Edgar S. Tubbs, a local contractor. Under criteria C, the property possesses significance as one of largest and best executed examples of the Mediterranean Revival style in the city. The,residence typifies the exuberant architecture of south Florida during the land boom of the 1920s. In addition, it stands as one of the best preserved historic buildings in the city along Federal Highway. Indeed,few buildings in Dania better portray the city's heritage than the Martin Frost House. Architectural (Description . The two-story, hollow tile dwelling stands in lots 1-3 and2 25-26 of Dania Heights subdivision. The property measures 145 feet along Federal Highway and 250 feet deep along Fourth Street SW. A masonry privacy wall finished with textured stucco surrounds the property. Orb finials stand at the corners and entrance breaks in the wall. The dwelling displays typical influences of the Mediterranean Revival style. Its complex roof plan consists of flat and hip portions with shaped parapets, ceramic tile cresting, and pent roofs. The pent roofs are finished with carved wooden brackets and ceramic tiles. A brick chimney projects high above the roof system. The house displays arched vents and a gable roof protected by ceramic tiles. Fenestration is irregular and asymmetrical with six and eight light casement windows admitting natural light into the interior. Many of the windows are protected by louvers. Textured stucco serves as the exterior wall surfacing and contrasts with pine and cypress detailing employed on the doors, windows, and frieze. An L-shape veranda wraps along the front facade and north elevation. French doors opening leading from the veranda into the interior tend to blur the distinction between outside and inside. The front, or east, facade displays a central block with asymmetrical projecting wings. The second story of the central block contains a series of nine-light casement windows set in arched surrounds, divided by lighted sconces and bracketed by statuary niches. A paneled frieze highlights the eave line of the hip roof. The northernmost projecting wing has a balconet with a curved wrought-iron baluster. Both projecting wings have pent roofs. The pent roof on the northern wing interrupts the parapet; the pent roof on the southern wing is tightly held to the casement windows. Ceramic tiles finish the corners of each wing. Arched openings along the front part of the veranda are filled with cypress frames and turned balusters. A small gable extension projects from the north elevation of the veranda. French doors with fifteen and twelve lights open from the veranda into the interior spaces. The south elevation has barrel tile cresting along the parapets and symmetrical fenestration. The west, or rear, elevation has a one-story extension with shaped and stepped parapets. Its asymmetrical fenestration includes a leaded art-glass window set in the second story. The interior of has a double fireplace, high ceilings finished with hewn beams, and spacious rooms. A two-story garage apartment stands near the southwest corner of the property. It has a rectangular plan, and steps along the east elevation. A pair of garage doors opens along the north elevation. The flat roof upon the garage features stepped parapets finished with barrel tile cresting. Textured stucco serves as the exterior wall surfacing. The windows are protected by louvers. Historical Context Born in Wisconsin in 1886, Martin Frost arrived in Dania in 1901 with his family. After completing public school,Frost operated his father's general store and,for a brief period,worked in the lumber industry in his native state. Then,in 1910,he returned to Florida to embark on a career in farming,specializing in the cultivation and marketing of tomatoes. He acquired property west of the Town of Modelo (the original name of Dania), where he began draining and clearing land for a farm. In 1915, he formed a partnership with Miami businessman M.C. Hardee. Through their association,named Hardee&Frost,the pair developed the East Marsh grove,a 200-acre tomato farm at Hallandale. Hardee had arrived in Dania-in 1905, but moved to Miami in 1919. At East Marsh,the partners installed a pumped drainage system to remove excess water from the fields during the rainy season, an innovative feature in south Florida. The system saved several large crops from ruin, and eventually the Hardee & Frost built packing houses in Dania and Hallandale to market their vegetables. In 1922, the company harvested five hundred crates of tomatoes per acre from its East Marsh fields, making Hardee & Frost the largest producer of tomatoes in the state. The company's East Marsh variety of tomato became a standard in Florida's truck crop industry. Martin Frost success as a farmer spilled over into local politics. He first won election as an alderman in November 1912. Two years later,he won the mayoral race, serving as mayor of Dania between 1914 and 1917 and again,after a two-year hiatus,between 1919 and 1922.Nine years later, in 1931,the voters of Dania returned him the mayor's office. When Frost's father,A.C.Frost, left Florida in 1920,Martin inherited his position as a sales representative for the Model Land Company in Broward County.Martin also represented the Florida Atlantic Coast Canal and Transportation Company and served as a director of the Dania Bank.Frost also succeeded his father on the Board of Commissioners for Broward County,winning election to the county commission seat in 1922. The following year,near the peak of his business and political careers,Martin Frost opened the Dania Heights subdivision and built the dwelling on South Federal Highway. He retired from farming and.politics soon thereafter, excepting his brief return to the mayor's office in 1931. He also end his decade-long association with M.C.Hardee in 1923,though he continued to serve as a director of the Dania Bank. Martin Frost died in 1965. National Register Criteria The standard criteria used to define a historic building was developed by the National Park Service to determining eligibility for listing in the National Register of Historic Places. Properties listed in the National Register must possess historical significance and integrity. Significance may be found in four aspects of national, state, or local history: A. Association with historic events or activities. B. Association with important persons. C. Distinctive design or architectural characteristics. D. Potential to provide important information about prehistory or history (generally applied to archaeological sites). • cn cn cn cn cn cn cn cn 0 0 0 0 0 0 0 — N N N N N N N N � W W W W W W W O -n O O O O O L CS r OOJ� 0 -� -� W W W 000 W W — 00 N N O " M O O O O O O O O O = O O O O K K � -0 O' CT cr .. O (D (D (D Cp O a) n• coc = 0O .0 z h C-1 CD W = 00 0 ¢1 M M CD O CD N v 0 O CD m CD � S 0 r+ CD N PQ rQ cT1 � O -A00coO CCd �� O � � � OONO w � z . m CmmcnR' � � v � W � � CD CD < v � vF � c� o � 0 CD CL 0) E < 0CD 00 CO cn < v In CD 0 co n < o v v v O v v v S. 3 : = o0 00 00 su� m �CL o0 0 4 n6 -n - I -no -nr -n 0 CDrrr =rr- wr O w ww .nc"wo c,•) -I ooWowroOW N � � � w � � � O N N °O • 0 o N NOTICE OF PUBLIC HEARING ON A REQUEST BY THE CITY OF DANIA BEACH TO ADOPT AN ORDINANCE DESIGNATING THE FOLLOWING SIX PROPERTIES, DESCRIBED is IN EXHIBIT A, AS HISTORIC LANDMARKS NOTICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on September 12, 2000 at 7:30 p.m., or as soon thereafter as possible, in the City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, on a request by the City of Dania Beach, Florida to designate the following properties as historic landmarks: The title of the ordinance reads as follows: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, SITTING AS THE CITY HISTORIC PRESERVATION BOARD, DESIGNATING THE FOLLOWING AS HISTORIC BUILDINGS AND LANDMARKS WITHIN THE CITY OF DANIA BEACH: THE NYBERG-SWANSON HOUSE, THE DANIA WOMAN'S CLUB, THE BANK OF DANIA, THE DANIA BEACH HOTEL, THE HOTEL POINCIANA AND MARTIN C. FROST RESIDENCE, ALL AS MORE FULLY DESCRIBED IN ATTACHMENT A; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Exhibit A Site: Nyberg-Swanson House Folio Number: 5042-34-01-2060 Legal Description: TOWN OF DANIA B-49 D UNNUMBERED BLK, LABELED PARK, LYING S OF BLK 14 & N OF DANIA BCH BLVD, LESS W 150 OF E 250 THEREOF Address. 101 West Dania Beach Boulevard Site: Dania Woman's Club Folio Number: 5042-34-01-2060 Legal Description: TOWN OF DANIA B-49 D UNNUMBERED BLK, LABELED PARK, LYING S OF BLK 14 & N OF DANIA BCH BLVD, LESS W 150 OF E 250 THEREOF Address: 117 NW 1 st Avenue Site: Bank of Dania Folio Number: 5042-34-01-3180 Legal Description: TOWN OF DANIA B-49 D LOT 1 & 2 LESS ST RD BLK 22 Address: 2 South Federal Highway Site: Dania Beach Hotel Folio Number: 5042-34-10- 0010 Legal Description: ALL OF BLK 1 of the DANIA BEACH SUBDIVISION AS RECORDED IN THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, AT PAGE 1 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA Address: 180 East Dania Beach Boulevard is Site: Hotel Poinciana Folio Number: 5042-34-01-1320 Legal Description: TOWN OF DANIA B-49 D LOT 1,2,3,4 BLK 9 Address: 141 NW 1 st Avenue Site: Martin C. Frost Residence Folio Number: 5142-03-04-0080 Legal Description: DANIA HEIGHTS 3-22 B LOT 1 LESS ST RD,2 LESS ST RD, 3 LESS ST RD BLK 2 Address: 400 South Federal Highway In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Sheryl Chapman, Administrative Services Director, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3630, at least 72 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Published / Mailed: September 1, 2000 NOTICE OF PUBLIC HEARING ON A REQUEST BY THE CITY OF DANIA BEACH TO ADOPT AN ORDINANCE DESIGNATING d THE FOLLOWING SIX PROPERTIES DESCRIBED 3, IN EXHIBIT A AS HISTORIC LADMARKS NOTICE IS HEREBY GIVEN that a public hearing will be n held before the Dania Beach City Commission on Septem ® r- bar 12,2000 at 7:30 PM,or as soon thereafter as possible, is In the City Commission Room,Administrative Center,100 e West Dania Beach Blvd,Dania Beach Florida 33004,on a fl by pi Dania ridktl�ignate the oowingropertes as historic landmarks: IT The title of the ordinance reads as follows: 0 AN ORDINANCE OF THE CITY OF DANIA BEACH FLORI- IE DA, SITTING AS THE CITY HISTORIC PRESERVATION :L BOARD,DESIGNATING THE FOLLOWING AS HISTORIC :T BUILDINGS AND LANDMARKS WITHIN THE CITY OF IE DANIA BEACH:THE NYBERG-SWANSON HOUSE,THE 9t DANIA BEACH HOTEL B�HE HOTEL POINCIANA AND 3- MARTIN C. FROST RESIDENCE,ALL AS MORE FULLY 1T DESCRIBED IN ATTACHMENT A:PROVIDING FOR CON- E FLICTS;PROVIDING FOR SEVERABILITY;AND PROVID- )F ING FOR AN EFFECTIVE DATE. E H Exhibit A '0 Site: Nyberg-Swanson House ,E Folio f umber: 5042-34-01-2060 Legal Description:TOWN OF DANIA B-49 D UNNUM- BERED BLK LABELED PARK,LYING S OF BLK 14&N OF T DAAdidresss: 101 WestEDania BeachOBoulevardHEREOF d Site: Dania Woman's Club Folio Number. 5042-34-01-2060 Legal Descri lion:TOWN OF DANIA B-49 D UNNUM- DANIEAD BLK BLVD, LESSRW LYING0 F EF250KTHEREOF E Address: 117 NW 1st Avenue DSite: Bank of Dania T Folio Numbeppr. 5042-34-01-318 LEGS ST RD Description: TOWN OF DANIA B-49 D LOT 1 &2 D Address: 2 South Federal Highway i Site: Dania Beach Hotel Folio Number.5042-34-10-0010 T Leeggaal Descrl tion:ALL OF BLK 1 of the DANIA BEACH RECORVDED IN PLARECORDED BOOK 81 AT PAHE GE 1 OFETHE PUB- RECORDED LIC RECORDS OF BROWARb COUNTY, FLORIDA J Address: 180 East Dania Beach Boulevard F Site: Hotel Poinclana Folio Number. 5042-34-01-1320 BLK Legal Description:TOWN OF DANIA B-49 D LOT 1,2,3,4 S r Address: 141 NW 1st Avenue. J Site: Martin Frost Residence i Folio Number- . 5142-03-04.0080 Legal Description:DANIA HEIGHTS 3-22 B LOT 1 LESS ST RD.2 LESS ST RD, 3 LESS ST RD BLK 2 Address:.400 South Fed" Highway 1 laccord�g tstmo With l persons assianoe t�iipateinan I�lircon1� naBm i p Services Dietr00Daiaeach Blvd;. ' Beach,FL 33004,(964)924-=8 at least 72 hours prior to meeting. Any e n who decides to appeal any decision mad the itv Commission with regard to anv matter AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. • 1. DATE OF COMMISSION MEETING: 09/12/00 2. DESCRIPTION OF AGENDA ITEM: 2ND READING PUBLIC HEARING ORDINANCE - REQUEST TO DESIGNATE HISTORICAL PROPERTIES WITHIN THE CITY OF DANIA BEACH 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE 2ND READING 4. SUMMARY EXPLANATION & BACKGROUND: 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST): STAFF MEMORANDUM 6 DESIGNATION APPLICATIONS FOR HISTORIC BUILDINGS PUBLIC HEARING NOTICE 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount:,$ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds,AICP, Director Date 09-6-00 Growth Management Department City Manager Date LAW OFFICES FOWLER, WHITE, BURNETT, HURLEY, BANICK& STRICKROOT A PROFESSIONAL ASSOCIATION ZAEL AGLIATA CHARLES GULLETTE DE LED RORY E.JURMAN RONALD D.SHINDLER BANK OF AMERICA TOWER RT H.ALTMAN RICHARD E. DOUGLAS ALLAN R. KELLEY SARA SOTO SEVENTEENTH FLOOR RICHARD S. BANICK BRIAN D. ELIAS CHRISTOPHER E. KNIGHT STEVEN E.STARK 100 SOUTHEAST SECOND STREET DAVID O.BATISTA DAVID ELTRINGHAM MICHAEL N. KRETTZER JOHN C.STRICKROOT MIAMI,FLORIDA 331 3 I NELSON C. BELLIDO JOHN H. FRIEDHOFF DONALD E. KUBTT NORMAN 1.WEIL TELEPHONE(305)789-9200 PAUL S. BERGER DAVID A. FRIEDMAN JAN M. KUYLENSTIERNA ALAN G.WILLIAMS FACSIMILE(305)789-9201 MARIANA C. BLANCO MICHAEL A.GARCIA FRED K. LICKSTEIN RICHARD A.WOOD EDWARD J. BRISCOE PATRICK E.GONYA,JR. PATTI A.MEEKS NORTHBRIDGE CENTRE PETER M.BROOKE HOWARD W,GORDON ALIX C. MICHEL CODY FOWLER(1 892-1 978) 5 1 5 NORTH FLAGLER DRIVE MORTON P. BROWN ALAINE S.GREENBERG JAMES P. MURRAY MORRIS E.WHITE(1 892-1 988) SUITE 300 PAVILION MICHAEL B. BUCKLEY S.JOANNE GREER RONALD G. NEIWIRTH JAMES L. HURLEY(1 920-1 989) WEST PALM BEACH, FLORIDA 33401 HENRY BURNETT BRIAN P. HILL FRED R.OBER TELEPHONE(561)602-9044 WILLIAM R.CLAYTON MARIA ISABEL HOELLE J.MICHAEL PENNEKAMP FACSIMILE(SG 1)802-4 1 07 KIMBERLY A.COOK JUNE GALKOSKI HOFFMAN ALAN J.PERLMAN JAMES D.DECHURCH JAMES N. HURLEY BRAD K.SAUNDERS WWW.FOWLER-WHFTE.COM PETER J. DELAHUNTY ELIZABETH P.JOHNSON BARRY N.SEMET REPLY TO MIAMI OFFICE September 11, 2000 City Commission of Dania Beach, Florida 100 West Dania Beach Boulevard Dania Beach, Florida 22004 Dear Commissioners: This firm represents Gilbert Berken, M.D. who owns the building in Dania Beach, Florida which you have referred to in a pending and proposed ordinance as the Bank of Dania Building. Dr. Berken objects to and opposes the proposed ordinance, insofar as it concerns designating his building as an historic landmark. Recognizing the limitations on time that you have available during a public hearing and the fact that there are several other buildings under consideration(as well as a host of other agenda items), we are writing this letter to set forth our client's objections to the proposed ordinance. We would request that you include this letter in your record and that you consider the points and issues raised herein in your consideration of the proposed ordinance. Respectfully, we would urge you to disapprove the proposed ordinance. We appreciate your attention and consideration. This letter constitutes one Owner's Objection to: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, SITTING AS THE CITY HISTORIC PRESERVATION BOARD, DESIGNATING THE FOLLOWING AS HISTORIC BUILDINGS AND LANDMARKS WITHIN THE CITY OF DANIA BEACH: THE NYBERG-SWANSON HOUSE, THE DANIA WOMAN'S CLUB, THE BANK OF DANIA, THE DANIA BEACH HOTEL, THE HOTEL POINCIANA AND MARTIN C. FROST RESIDENCE, ALL AS MORE FULLY DESCRIBED IN ATTACHMENT A; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 INTRODUCTION Gilbert Berken, M.D. (who this Objection will refer to as "Owner") is the owner of the building known as The Bank of Dania building. The Bank of Dania building is one of the buildings which the proposed ordinance in question would designate as an historic landmark. Owner's Objection is limited to the designation of the Bank of Dania building and not to any of the other buildings included within the scope of the proposed Ordinance. The reasons for this Objection are detailed below. L The City Commission of the City of Dania Beach has not afforded proper notice or hearing, nor otherwise complied with the terms of the Ordinance by which it may have authority to designate buildings as landmarks. As of the time that this Objection is prepared, as of the time that notice of public hearing on this proposed Ordinance was given, as of the time that any prior reading of this proposed Ordinance may have occurred, as of the time that this proposed Ordinance was crafted, and as of the time that any application for designation was prepared, there was in effect no ordinance nor other legal authority which entitled or empowered the City Commission or its agents to take any steps to designate the Bank of Dania building as an historic landmark. In fact, this Objection contemplates that the Dania Beach Historic Preservation Ordinance will only be enacted on September 12, 2000, when the City Commission considers it for final approval. Assuming the ordinance is approved on September 12, 2000, it will therefore only be effective as of September 12, 2000, or such future date as the City Commission may decide. The ordinance may not properly be deemed to have its effective date relate back in time. • FOWLER,WHITE, BURNETT, HURLEY, BANICK&STRICKROOT A PROFESSIONAL ASSOCIATION Page 3 • Accordingly, there cannot be any proper application, notice or other action taken under the Historic Preservation Ordinance, because that ordinance did not even exist when these attempted steps were taken. There is no authority permitting the City Commission to act in anticipation of the approval of an ordinance which, once enacted, would then give the commission the legal right to act. II. The Historic Preservation Ordinance is not a proper or legally valid ordinance. The Historic Preservation Ordinance provides that the City Commission recommends the designation of properties, regulates alterations, and adopts guidelines (Section 4(A)). The City Commission reviews nominations of local properties to the National Register of Historic Places (Section 4(B)). The application for designation may • be initiated by the property owner, or by the city, "through its staff or city commission." (Section 4.1(A). The City Commission decides whether its recommendations for landmarks get approved as landmarks (Section 4.1). The City Commission, after public hearing, "makes its recommendation" whether a property should be designated as a landmark(Section 4.1(D)). The City Commission is the body to whom a person appeals the decision and the City Commission is the body that grants or denies appeals (Section 4.1(E)). In short, the investigatory, legislative, executive, and judicial elements — including appeal rights— involved in designating a building as an historic landmark are all reserved to the City Commission. Since the City Commission initiated the application with respect to the Bank of Dania Building, initiated this ordinance, and will be the body that approves this ordinance (assuming it does), it makes the ostensible process of dealing 10 with the City Commission for appeals and future issues concerning the implementation of FOWLER, WHITE, BURNETT, HURLEY,BANICK&STRICKROOT A PROFESSIONAL ASSOCIATION Page 4 the ordinance pointless, or at the very least, gives the Owner no opportunity for fair, impartial review. By cloaking the City Commission with the undefined and unexplained description of"The City Historic Preservation Board" in no way alters the impropriety of the Historic Preservation Ordinance as enacted. Procedurally monopolizing all executive, Judicial and legislative aspects of the ordinance, the City Commission would clearly be acting in a manner antithetical to all principles of our government. In Burney v. Polk Community College, 728 F.2d 1374 (1 lth Cir. 1984),the Court reiterated the fundamental principle that"an impartial decision maker is a basic constituent of minimum due process." See also McKinney v. Pate, individually and in his official capacity as Commissioner of'the Osceola County Board of Commissioners, 20 F. 3d 1550 (11th Cir. 1994) ("It is axiomatic that, in general, the Constitution requires that the state provide fair procedures and an impartial decision maker before infringing on a person's interest in life, liberty, or property.") The executive, administrative, and legal advisory powers of the city are supposed to be vested in and exercised the Executive and Administrative division of the city government. Charter and Code of Dania Beach, Part III, Art. 1, Sec. 1. The Executive and Administrative division consists of the Mayor-commissioner, they city manager, the city attorney, and advisory boards. Id. The City Commission comprises the Legislative Branch of the government. Id.,Part II, Art. 1, Sec. 1. Therefore, by conferring in the City Commission the rights to initiate an application for landmark designation and the initial designation recommendation rights,the Historic Preservation Ordinance improperly fuses the duties of separate branches of the city government, in this instance, to the deprivation FOWLER,WHITE, BURNETT, HURLEY, BANICK&STRICKROOT A PROFESSIONAL ASSOCIATION Page 5 of a property owner. Combining that usurpation of the executive's authority with the surprising right that the City Commission has granted itself to decide the appeals of its own decisions renders the procedure involved in designating properties as a landmark surprisingly undemocratic and certainly without any meaningful opportunity for an owner to obtain unbiased consideration of his objections. The City of Dania Beach has numerous boards—the Planning and Zoning Board, the Code Enforcement Board, the Safe Neighborhood Improvement District Advisory Board the Marine Advisory Board, and the Dania Unsafe Structures Board, to name a few examples—which provide advise and assist with the executive administration of the city's affairs. In all of these instances, citizens other than the City Commission itself comprise these boards. It is only the so-called City Historic Preservation Board which consists of the members of the City Commission itself. The administrative structure by which the L-Iistoric Preservation Ordinance is to operate is inherently flawed, and the flaw in this case works to the dire prejudice of the Owner. III. The Historic Preservation Ordinance is vague and ambiguous, at least with respect to the standards it seeks to apply to the Bank of Dania building. The Historic Preservation Ordinance establishes eight separate criteria by which the City Commission may recommend the designation of a property as a landmark or landmark site. Historic Landmark Ordinance, § 4.1(C). The Application under which the Bank of Dania Building comes under review claims that four of these criteria pertain. These criteria are not, in fact, applicable to the Bank of Dania Building, except to the extent that • FOWLER,WHITE, BURNETT, HURLEY, BANICK&STRICKROOT A PROFESSIONAL ASSOCIATION Page 6 they are so vague and ambiguous (and therefore constitutionally unenforceable)that they can be said to apply to most any building. A. "Significant reminder of the cultural or archeological heritage of the city, county, state, or nation." The application does not state why the Bank of Dania Building is a significant reminder of the cultural or archeological heritage of the city, county, state or nation. It just states that it is. The application acknowledges that the structure is"patterned after the Neo- Classical style." But it is not Neo-Classical. The Neo-Classical period occurred during the early part of the United States' history and is the style with which the White House and other historic buildings found in Washington, D.C. and the eastern seaboard were built. Dania Beach, respectfully, and the Bank of Dania Building in particular, were not developed in that period or under that style. The remainder of Dania Beach does not reflect the Neo-Classical style, as the Application freely points out. The building is imitative and, as the Application also points out, incorporates aspects of other architectural styles as well. It certainly looks different than other buildings, but that does not make it a significant reminder of anything. If the standard for historic preservation were that the building had to be more than a certain age, the ordinance would have stated as much. But the requirement imposes something different than mere age; it imposes an obligation that the building constitute a reminder of the cultural or archeological heritage of the city, county, state, or nation and the Application has offered nothing in support of how the Bank of Dania Building . constitutes such a reminder. FOWLER,WHITE, BURNETT, HURLEY, BANICK&STRICKROOT A PROFESSIONAL ASSOCIATION Page 7 If the mere fact that some of the town's earliest citizens worked in the building suffices to constitute such a"reminder," then, again, the language of the ordinance ceases to have any specific meaning and instead allows the vaguest of associations to create compliance. Every old building housed people of an earlier time. There must be something more. When we look at places such as Monticello,the Hermitage or Gettysburg, it becomes clear that historic preservation involves something greater and more substantive than the mere age of the building. There are plenty of old buildings that can best serve a city, state or nation with their demolition; their age alone does not render them untouchable landmarks. No one is suggesting that the Bank of Dania Building be demolished, nor is it an eyesore; rather, the point is simply that there is nothing in particular about the building . that renders it an historic landmark; subject to the onerous and depriving aspects of the Historic Preservation Ordinance. B. "Identified with a person or persons who significantly contributed to the development of the city, state, or nation." The Application describes the bank's founders and architects. It describes, briefly, other principals of the bank and subsequent uses of the building (although, interestingly, it fails to describe the current use of the building). But it never identifies the building with anyone who contributed to the development of the city, state, or nation. Aside from running a bank, did A.C. Frost have any involvement in the development of Dania Beach or Florida? The Application is silent and the Owner is unaware of any such contribution. Once again,the Application has attempted to bootstrap the building's existence into proof of its compliance with the criteria of the Historic Preservation Ordinance. This building FOWLER, WHITE, BURNETT, HURLEY, BANICK&STRICKROOT A PROFESSIONAL ASSOCIATION Page 8 is not like Mount Vernon, which is identified with George Washington; this building is just an old eclectically built bank building that has nothing to do with anybody but has simply been around for 75 years. C. "Value as a building recognized for the quality of its architecture, and retains sufficient elements showing its architectural significance." The Bank of Dania Building is a good building. It is, as far as we know, a well- built building and it serves the needs of the Owner or its tenants. Those facts do not render it an example of quality or significant architecture. Rather than accept these terms as nice sounding rhetoric that just so happens to constitute historic landmark criterion, one should consider for a moment what should exist in a building in order to claim that it has architectural quality or significance. Frank Lloyd Wright strove to maintain the integrity of his designs, both within the design itself and in its environment. His works are architecturally significant, not because they look different,but rather because he managed to coalesce form, function, appearance and environment in each of his buildings. He knew how to use space and materials to accomplish these objectives. In fact, Frank Lloyd Wright's use of open spaces is almost universally pervasive in South Florida homes. His buildings far more readily meet the Historic Preservation Ordinance criteria because they are fundamental to the archeological heritage of the city, county and state. Unfortunately, he had nothing to do with the design of the Bank of Dania Building. In the book, The Fountainhead, Ayn Rand tackles the subject of architecture and what "quality of architecture" and "architectural significance" means. One particularly FOWLER, WHITE, BURNETT, HURLEY, BANICK&STRICKROOT A PROFESSIONAL ASSOCIATION Page 9 relevant portion of the story involves the design of a bank building. The architect/protagonist in the book, Howard Roark, believes firmly in the principle of building integrity. Early in the book, Roark, explaining the uselessness of imitative coluinns and false Greek styling(i.e.,patterning a building in a Neo-classical style), says: The famous flutings on the famous columns [on the Parthenon] —what are they there for? To hide the joints in wood — when columns were made of wood, only these aren't,they're marble.' The triglyphs,what are they? Wood. Wooden beams, the way they had to be laid when people began to build wooden shacks. Your Greeks took marble and they made copies of their wooden structures out of it, because others had done it that way. Then your masters of the Renaissance came along and made copies in plaster of copies in marble of copies in wood. Now here we are making copies in steel and concrete of copies in plaster of copies in marble of copies in wood. Why? When Roark designs the bank,building,he designs a building that is intended to serve and to depict a twentieth century bail,. The board that he faces, however, wishes to modify the building by addict a "Classic motive to the facade." Roark argued in vain to have them preserve the integrity of his design. He explained why this structure could not have a Classic motive on its facade. He explained why an honest building, like an honest man, had to be of one piece and one faith; what constituted the life source, the idea in any existing thing or creature, and why—if one smallest part committed treason to that idea — the thing of the creature was dead; and why the good, the high and the noble on earth was only that which kept its integrity. • 'The colturins on the Bank of Dania Building are probably concrete or another substitute material. FOWLER,WHITE, BURNETT, HURLEY, BANICK&STRICKROOT A PROFESSIONAL ASSOCIATION Page 10 The fictional board that destroys Roark's design may just as easily have been the non-fictional designers and subsequent alterers who are responsible for the current mish- mash style that describes the Bank of Dania Building. The point is not that the building is unseemly or uninteresting or unusable; it is attractive and interesting and functional. But those descriptions are irrelevant. What is relevant is that this building, for all of its attributes and qualities, is not architecturally significant and is not an example of quality architecture. It is just an unusual building. McDonalds and International House of Pancakes and Howard Johnsons and Mobil stations all operate from unusual buildings, but no one is clamoring that their architecture is significant and in need of preservation. D. "Distinguishing characteristics of an architectural style valuable for the study • of a period, method of construction, or use of indigenous materials." The Application admits that the Bank of Dania Building is simply "patterned" after the Neo-Classical style. Therefore, it does not serve as a valuable tool for studying that period. Indeed, it was built a century or more after the Neo-Classical period. The Application is silent on its method of construction and there is no indication that there is any particular or noteworthy use of indigenous materials. IV. There is no legitimate legal basis to designate the Bank of Dania Building as an historic landmark. The City of Dania Beach developed it proposed Ordinance and the Historic Preservation Ordinance with the assistance and consultation of an entity known as Historic Property Associates, which the city paid in excess of$13,000 for consulting services. The most dramatic and astounding reason for the Commission to defeat this proposed • FOWLER, WHITE, BURNETT, HURLEY, BANICK&STRICKROOT A PROFESSIONAL ASSOCIATION Page 11 • Ordinance is that the City's own consultant does not believe it is appropriate to designate the buildings as historic landmarks! In a letter dated March 23, 1998, attaching a detailed memorandum (which is attached hereto as Composite Exhibit "A", William Adams, the director of Historic Property Associates explains to Terry Virta, Growth Management Director for the City of Dania why an Historic Preservation Ordinance is inappropriate for the City of Dania Beach. He writes: The problem in Dania is the lack of a district that meets National Register criteria. If you write an ordinance that includes the threshold of criteria for listing which the National Register prescribes, there will be little in Dania to designate. A lower threshold for listing can be adopted, but it would probably be legally suspect (emphasis added). Mr. Adams continues: In my opinion this area will not qualify for listingin n the National Register of Historic Places as a historic district because of the "loss of integrity"that the buildings within it have experienced. That is, the alterations that have been made to the buildings,particularly the false facades applied to many of them, have either removed or cover the architectural features that give buildings a historic identity (emphasis in original). In his memorandum, Mr. Adams provides a number of alternatives to an historic preservation ordinance, none of which the City pursues with its current Historic Preservation Ordinance. This ordinance was not among Mr. Adams initial recommendations. The City has chosen to proceed with Historical Preservation Ordinance notwithstanding and is now attempting to impose its improper standards on the Bank of Dania Building. FOWLER,WHITE, BURNETT, HURLEY, BANICK&STRICKROOT A PROFESSIONAL ASSOCIATION Page 12 • The proposed Ordinance would directly restrict the use of the Owner's property so that he would be permanently unable to realize a reasonable investment-backed expectation for the existing use or a vested right, or so that the Owner would be left with such unreasonable uses of and restrictions on the property that the Owner would bear permanently a disproportionate share of a burden ostensibly imposed for the good of the public, which in fairness should be born by the public at large. This inordinate burden on the Owner requires that the City Commission defeat the pending proposed Ordinance. The Application, is based on the contention that the building does meet National Register criteria. It ends with the listing of those criteria and begins with a Summary that states that it does meet those criteria. The Application totally disregards the expert advice that the City's own consultant provided. The proposed Ordinance suggest that the Bank of Dania Building is a site worthy of restrictions and impositions of the Historic Preservation Ordinance. From what source does this opinion derive? It derives from a 1993 survey of college students declaring the building a"Very High Priority Site." See letter from William Adams to Mike Smith, City Manager, February 12, 2000, attached hereto as Exhibit `B." Mr. Adams is unambiguous in his criticism of this survey: I note that, with the exception of the first two listed above [the Nyberg-Swanson House and the Woman's Club Building],all of the remaining listings are suspect, given the poor quality of the report and site forms. Those designations were made by inexperienced students, who did not possess the education or experience in historic preservation to make such judgments (emphasis added). • FOWLER,WHITE, BURNETT, HURLEY, BANICK&STRICKROOT A PROFESSIONAL ASSOCIATION Page 13 • The City of Dania Beach ignored its consultant and accepted the judgment of the inexperienced students! That a businessman(sufficiently dedicated to Dania Beach to own and maintain valuable property in the heart of town)will be inordinately burdened was not something the students could possibly have contemplated or considered. It is, however, something that the City Commission must contemplate before it passes a wholly inappropriate ordinance. CONCLUSION The Application, once stripped away of its non-essentials — the checklist of criteria, the National Register criteria(which appears in all applications), and descriptions about the interior—consists of less than one page and that page simply fails to meet the constitutional specificity that the law requires before a government can declare an Owner's property an historic landmark. In short,the Application is, at best, a vague and ambiguous attempt to have the City Commission approve its own recommendation to designate the Bank of Dania an historic landmark. The Owner urges the City Commission to rethink and re-evaluate the criteria as they apply to this building and to vote against the proposed Ordinance, at least with respect to the Bank of Dania Building. Very truly yours, FOWLER, WHITE, BURNETT, HURLEY, BANICK &,S RICKRQOT, P.A. David A. Friedman /Attorneys for Gilbert Berken, M.D. FOWLER,WHITE, BURNETT, HURLEY, BANICK&STRICKROOT A PROFESSIONAL ASSOCIATION HISTORIC OROPERTY ASSOCIATES March 23 , 1998 Historic Preservation Consultants Research Historians Terry Virta, Growth Management Director City of Dania 100 W. Dania Beach Boulevard Dania, Florida 33004 Dear Terry: Enclosed is my report on the potential for historic P.O. Box 1002 preservation action in Dania. I sorry that it lacks Saint Augustine, Florida absolute recommendations regarding a district, but 32085-1002 until a decision is made regarding the direction the City wishes to pursue, it would be, potentially, a 904-794-1826 waste of time delineating precise district lines. If an ordinance is adopted and a historic preservation Fax 904-794-2600 commission named and a historic district designation drafted, that will be the time to draw specific lines. Research of The problem in Dania is the lack of a district that Official Records meets National Register criteria. If you write an ordinance that includes the threshold of criteria for listing which the National Register prescribes, there National Register will be little in Dania to designate. A lower Listing threshold for listing can be adopted, but it would probably be legally suspect. Historic Property On the other hand, the City may wish to adopt a Tax Certification different strategy to accomplish its goals. I only briefly touched upon possible alternatives in the report. Historic Building Of course, the CLG alternative complicates the issue; Survey for, if the City wants to win a closer place at the grants feeding trough, it should adopt an ordinance that meets CLG standards. Preservation Planning Enclosed in this package is a copy oftithe Lake Worth ordinance, which the CLG coordinator at the Grant Writing Department of State gave me to use as the latest model. These models appear to change as often as automobile models. Associate Locations: Deland Please let me know if you wish to proceed with the National Register nominations, which appears to be the Miami next logical task. Tallahassee Terry Virta March 23 , 1998 page two At the present time I have accumulated the following hours (please refer to my February 2 FAX) : 1. Summarize requirements for an ordinance: 4 hours 3. Delineate boundaries: 3 hours 4. PSIQ for National Register listing: 8 hours That is a total of 15 hours to this point. A portion of that time, however, was spent in conducting an on-site analysis of the Swanson- Nyberg House, which will reduce the time required to prepare a National Register nomination. My estimate of the time needed to complete a nomination for that building is 40 hours and for the Woman's Club an additional 35 hours. There would also be photography and mapping expenses of approximately $200. I will await your instruction regarding pursuit of that work before submitting an invoice. From March 27 through April 5 I will be in Washington, D.C. on research and unavailable. If you need to speak with me, please leave a message at the office and I will return your call. Sincerely, ll Z�L William R. Adams { MEMORANDUM March 23 , 1998 To: Terry Virta, Growth Management Director City of Dania From: William R. Adams RE: Historic Preservation recommendations This report contains my findings and recommendations regarding the potential for preservation activity in the City of Dania, specifically with regard (1) to placing on the National Register of Historic Place two buildings owned by the City of Dania: and (2) the feasibility of the city adopting a historic preservation ordinance. I will begin the report by defining the terms that are found throughout it and that should be understood in a discussion of "historic preservation. " Definition of "Historic ResourceB°: The term "historic resource" embraces buildings, archeological sites, objects (such as statutes) , or districts. A historic resource - or building - is legally defined by one of two conditions: (1) It is listed in the National Register of Historic Places (see below for a description of the National Register) ; or (2) it has been designated as r "historic" under a formally adopted local ordinance. Historic survey: The identification of historic resources begins with their documentation through a professional survey conducted under uniform criteria established by federal and state historic preservation offices. Survey is a gathering of detailed information on the structures, objects, and artifacts within a community that have potential historical significance. The information should provide the basis for making judgments about the relative value of the resources. Not all resources identified or documented in the survey process may ultimately be judged "historic. " All such resources should be subjected to a process of evaluation that results in a determination of those which should be characterized as historic under either federal or local criteria. Florida Site File: The Florida Site File (FSF) is the state Is clearinghouse for information on archaeological sites, historical structures, and field surveys. Actually a system of paper and computer files, it is administered by the Bureau of Archaeological Research, Division of Historical Resources, Florida Department of State. The form on which a site or building is recorded is the FSF form. Recording a site or building on that form does not mean that either is historically significant, but simply that it meets a particular standard for recording. A building, for example, should be fifty years old or more before it is recorded and entered into • the FSF. Relatively few buildings or sites included in the FSF are listed in the National Register of Historic Places, the accepted criterion for a "historic resource. " Memorandum March 23 , 1998 page two Dania survey and site Files: A survey of buildings in the incorporated limits of Dania was conducted in 1993 by students of Florida International University. Florida Site File were prepared for approximately 100 buildings in the city and a report was prepared at the end of the study (a copy of which was provided me by the City of Dania) . Because the report contains only a vague description of the methodology the students used in selecting the buildings they surveyed, one cannot know whether they documented all of the buildings in the city that were more than fifty years old at the time of the survey. They failed to consult the Sanborn maps series for the city, for example, which should have provided easy date references for a number of buildings. The report does not contain an inventory of the recorded buildings. Any such inventory would have to be assembled from the individual site file records at the Division of Historical Resources. A copy of the site files should have been deposited with the City of Dania. . A few of the Dania site files contain useful information about buildings, collected through personal interviews which the students evidently conducted with a selected number of older residents. However, the poor quality of this survey leaves it only marginally useful in making judgments about preservation activity in Dania, specifically the potential for creating historic districts or designating individual buildings as historic through either the National Register or under the umbrella of a local ordinance. National Register of Historic Places: The National Register of Historic Places is the official federal list of culturally significant properties in the United States. The Register is maintained by the U.S. Department of the Interior. The buildings, sites, structures, objects, and districts listed in it are selected under criteria established by the department. Listing is essentially honorary, and does not imply federal protection or control over private properties listed unless federal funds or activities are allocated toward them. Under current law commercial and other income-producing properties within a National Register historic district are eligible for federal tax credits and other benefits if they are first certified as contributing to the characteristics of the district. Buildings individually listed in the National Register are automatically considered certified historic structures and, if income-producing, also qualify for federal tax credits and other benefits. Formats for nominating properties to the National Register include the individual nomination; the historic district, which designates a historic area . Memorandum March 23, 1998 page three within defined and contiguous boundaries; and the multiple property group, combines scattered resources that have common links to history, pre-history, or architecture. It must be noted that listing on the National Register provides no protection for historic buildings against private actions. UIt provides protection only against "adverse federal consequences, " that is, activity that involves federal activity or financing. National Register Potential in Dania To develop the findings presented below regarding the potential for preservation activity in Dania, I walked or drove most of the streets on the mainland part of the city, read 1993 survey report, and subsequently, in Tallahassee, reviewed many of the site files which that survey produced. My findings begin with the two buildings I was specifically directed to address: Swanson-Nyberg House: I submitted to the National Register section of the Bureau of Historic Preservation a Preliminary Site Information Questionnaire (PSIQ) for this building. That is a document that presents the staff with sufficient information to permit it to determine whether the building has potential for listing in the National Register of Historic Places. The staff Judged the building eligible for listing. It should be noted here that there are no disadvantages to National Register listing, excepting the cost of preparing and defending the nomination. Listing conveys benefits alone. Since this building is publicly owned, its rehabilitation will not earn the federal tax credits that privately-owned historic buildings do. On the other hand, historic designation does improve opportunities for obtaining federal and state grant assistance for rehabilitating the building and adapting it for use. I will elaborate upon this point below in the discussion of Certified Local Government status. Woman' s Club Building: A PSIQ has also been submitted to the staff for the Woman's Club building. As of this writing the staff has not responded to that inquiry. In view of the fact that a Multiple Property Cover nomination for Woman's Club buildings in Florida has been approved by both the Florida Review Committee and the U.S. Department of the Interior (our firm wrote that nomination) , I am fully certain that it is eligible for listing. As with the Swanson-Nyberg House, such listing will enhance opportunities for grant assistance to improve this building and adapt it for another use. Memorandum March 23 , 1998 page four National Register District Potential: The core of a district encompassing the city's old and historic commercial buildings begins at the intersection of U.S. 1 (Federal Highway) and Dania Beach Boulevard and runs northward one block along Federal Highway to 1st Street. The next block to the north, from 1st Street to 2nd Street, contains three scattered buildings of historic period vintage (pre-1950) . There are few buildings east and west of those along Federal Highway within that area that meet the same criterion. The most notable exception is the Dania Beach Hotel, which may be individually eligible for National Register listing. In my opinion, this area will not qualify for listing in the National Register of Historic Places as a historic district because of the "loss of integrity" that the buildings within it have experienced. That is, the alterations that have been made to the buildings, particularly the false facades applied to many of them, have either removed or cover the architectural features that give buildings a historic identity. Historic Preservation Options in Dania The adoption of a historic preservation ordinance or another form of activity designed to preserve or enhance historic resources within the community should be based on an assessment of the City's objectives in undertaking such action. Does the City seek to stabilize residential neighborhoods? Enhance the architectural appearance of the downtown area? Prevent the further demolition or destruction of potentially historic buildings? Offer incentives to property owners to preserve historic character where it exists or even to restore historic character where that is possible? There are a number of measures that the City can adopt to improve or enhance the architectural quality of its historic commercial area. They include: * Create a redevelopment area with design guidelines, using zoning laws to enforce them. * Create a Conservation District with applicable zoning and architectural design. * Create a tax increment financing district. * Extend facade improvement grants. * Establish an enterprise zone, which contains a variety of tax and economic incentives for redevelopment. * Adopt a Main Street program that can offer various incentives • for architectural improvement (the City has moved to set up such a program) . • Memorandum March 23 , 1998 page five The City of Dania may already have explored one or more of these alternatives or adopted one or more of them; or it may have considered .other or similar measures that accomplish similar ends. It is not my charge to explore such avenues and I suggest them here principally because the alternative I was asked to explore, the historic preservation ordinance, may not prove the optimum instrument in Dania to accomplish the city' s objectives. The Historic Preservation ordinance In view of the quality and character of Dania's potential historic resources, the city might accomplish its goals through adoption of one or more of the programs suggested above, rather than a historic preservation ordinance. Adoption of an ordinance offers, however, the advantage of becoming a "Certified Local Government, " which gives the city greater access to federal and state grants for historic purposes. The historic preservation ordinance is a legal tool for the protection of historic resources, permitting city officials and staff, through their review authority, to control architectural change in prescribed districts or over designated landmarks. In Florida, the home-rule law permits local government to exercise such authority. Before a historic preservation ordinance is adopted, however, municipal authorities should inform the public about its ultimate purpose and value. The historic preservation ordinance is not an arbitrary and capricious exercise of municipal authority, but a necessary action to preserve the community's cultural and architectural heritage and economic value. A local preservation ordinance and its accompanying guidelines should be developed through community participation and should be based on a consensus definition of what is unique about the area and what property owners and residents would like to retain and reinforce within the city's historic areas. In 1995, the Florida Legislature enacted the Private Property Rights Protection Act, which has had a chilling effect on the creation of historic preservation ordinances, and, indeed, on broader land use issues in Florida municipalities. The Act creates a new cause of action where if a state, regional, or local government entity "inordinately burdens" an existing use of real property or a vested right to a specific use of real property, the property owner may. sue in court for compensation for the actual loss to the fair market value of the property. The Act defines "inordinate burden" as any action .of governmental entities that directly restricts the use of property so that the property owner is permanently unable to realize a reasonable investment-backed ® Memorandum March 23, 1998 page six expectation for the existing use or a vested right, or so that the landowner is left with such unreasonable uses of the property that the owner must bear "permanently a disproportionate share of a burden imposed for the good of the public, which in fairness should be born by the public at large. " Commentator Richard J. Roddewig identifies ten basic components contained in most ordinances: 1. Purpose; 2. A statement of powers and authorities; 3 . Creation of a historic preservation commission; 4. Criteria for designation of landmarks or historic districts; 5. Procedures and criteria for nomination and designation of them; 6. Types of actions that are reviewable by the preservation commission and the legal effect of the review; 7. The criteria applied by the commission to the review; 8. Consideration of the economic effect of designation or review; 9. Procedures for appeals from a historic preservation commission decision; 10. Fines and penalties for violation of ordinance provisions. The ordinance should be tailored to the community. The preamble, which contains the purposes of the ordinance, should directly state the city's goals in adopting the ordinance. Likewise the statement of powers attributed to the preservation commission is important. The City Commission should carefully consider the degree of authority it desires to accord that body of citizens. Does the City Commission, for example, want to retain the right of designation for itself, or permit the Preservation Commission to designate? The criteria for designation will be a critical issue in Dania. Most ordinances rely on the National Register criteria, since it has been litigated and proved acceptable to the courts. A lesser threshold might be difficult to defend if a specific designation is subjected to legal challenge. Yet, as I noted above, few of Dania's buildings probably meet the National Register threshold. Perhaps the major question that a City Commission facer. in adopting a historic preservation ordinance is owner consent. There are many compelling reasons to exclude owner consent for an ordinance. For example, we do not allow property owners to "opt out" of local zoning laws. And owner consent clauses may endanger the entire preservation ordinance as a violation of due process and equal protection, since such a provision effectively "privatizes" the benefit of the law, allowing a "citizen veto" over municipal authority. Nevertheless, however compelling the legal arguments, community pressure on the City Commission for inclusion of an owner consent provision will probably occur. Memorandum March 23 , 1998 page seven Certified Local Government (CLG) Program Since its establishment by Congress in 1966, the National Historic Preservation Program has operated as a decentralized partnership, which includes the federal government and the states. The program was charged with the identification, evaluation, and protection of historic properties based criteria used by the National Register of Historic Places. Carried out by the states under the direction of the National Park Service, the program has been extended to most states, including Florida. Participating states receive funding assistance in the form of annual grants from the Federal Historic Preservation Trust Fund to support their efforts. Those funds are normally used to support the staff of the State Historic Preservation Office. A portion of the funds are often regranted for survey and planning activities. The success of that working relationship prompted Congress to extend the partnership to provide for direct participation by qualified local governments. The National Historic Preservation Act Amendments of 1980 (P.L. 96.515) provide the legal basis for the new federal-state-local preservation partnership, commonly ® referred to as the Certified Local Government Program. The amendments direct the State Historic Preservation Officer and the Secretary of the Interior to establish procedures for the certification of local governments to participate in this partnership. The Certified Local Government Program permits the states to delegate limited responsibilities to local governments, which meet specific qualifications for certification and provide limited grant-in-aid funding to assist them in that process. To become a CLG participant, the City of Dania must adopt a historic preservation ordinance that includes establishing a qualified review authority, maintaining a system of survey and inventory of historic resources, and encouraging public participation in the historic preservation program. The present direction of federal and state assistance to communities engaged in a historic preservation program suggests the wisdom of enlisting in the CLG program. CLG communities occupy a place of higher preference in the pecking order when' grant funds are distributed. 4 Recommendations 1. Pursue nomination to the National Register of Historic Places for the Swanson-Nyberg House and the Woman's Club. The relatively small cost of obtaining listing will, in future years, be amply rewarded through improved access to federal and state grants. Memorandum March 23 , 1998 page eight 2 . Consider, though the mechanism of a historic preservation ordinance or conservation ordinance, the adoption of a program of incentives and design standards or guidelines to, at one and the same time, encourage and direct the sensitive "restoration" of the historic facades of buildings along Federal Highway. 3 . Assemble an inventory of buildings in Dania that have (a) been documented through professional survey; and (b) that, using the standard age criterion, are eligible for such documentation. The 1993 survey failed to assemble an inventory. Accordingly, the City does not have access to a list of potential historic buildings within its incorporated limits. 4 HISTORIC ' PROPERTY February 12, 2000 ASSOCIATES \`�l 0' )/, ►' HISTORIC PRESERVATION Mr. Mike Smith, City Manager CO�"UI TANI rSZ City of Dania Beach ►�1 .1:ARCJ i ll(STORIANS 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Dear Mr. Smith. The Growth Management Department has asked me to provide you with a list of buildings in the City of Dania Beach that may be considered "historic." Using the accepted legal definition of the term "historic," as it applies to a building or other tangible resource, there is presently within the PO. Box 1002 city linuts only one historic building: the Nyberg-Swanson House. St. Augustine, Florida 32085-1002 To be legally correct, the term "historic property" or "historic resource" applies to a historic district, site, building, structure, or object that Tel (904) 824-5178 is listed,or eligible for listing, in the National Register of Historic Places. An Fax (904) 824-4880 ordinance of local government may also define historic property or historic e-mail HPA9Cuaol.com resources under criteria contained in that ordinance. To the best of my knowledge, Dania Beach has to this point not adopted any such ordinance, and accordingly has no legal basis for defining a property as"historic." Historic Land Since the Nyberg-Swanson House has been fisted in the National Records Research Register, it meets the commonly accepted legal definition for historic. We ® have also prepared a nomination for listing of the Woman's Club Building, though that proposal has not yet been reviewed. We will submit it for review National Register this year, since it now meets the Register's fifty-year rule. Listing m As you know,we are at this time initiating a project,funded by a state Historic Property grant, to prepare a study or historic preservation plan for the City oif Dania Tax Certification Beach that will define the resources in the city that are potentially eligible for listing under federal or local regulation and thus have the potential for being Historic Building declared "historic." Survey In 1993, a historic-architectural survey of Dania was made under the 1141 auspices of the Florida International University ty (ETC ).4We have the report Preservation Planning from that study. It provides a list of buildings that, in the opinion.of the ,MH surveyors, were considered to possess the potential for listing as"Historic," Publisher of Local History although the survey report did not define that term. Moreover, a review of m that report and of some of the files the survey team produced (found in Tallahassee) arouses suspicion about the merits is the Associate Locations: surveyors might have made. 2 ® Deland D L� VI i Miami Tallahassee Mike Smith CSC February 12, 2000 page two In the course of our present project, we intend to update that survey and provide for the city a definitive list and explanation of buildings, districts or other resources that are potentially historic. In the meantime, provided below is a list of buildings (by address) that were found significant to some degree by the FIU study. Before going to that list, however, let me further explain the process of designating a building as historic: Historic preservation, the process of protecting and maintaining buildings, objects, and archaeological materials of significance, consists of three phases: (1) identification; (2)evaluation; and(3)protection. The identification of historic resources begins with their documentation through a professional survey conducted under uniform criteria established by federal and state historic preset ration offices. 1.Identification: This consists generally of a survey, or a gathering of detailed information on the structures,objects,and artifacts within a community that have potential historical significance. That information should provide the basis for making judgments about the relative value of the resources.Not all resources identified or documented in the survey process may ultimately be judged "historic." All such resources should be subjected to a process of evaluation that results in a determination ofthose which should be characterized as historic under either federal or local criteria. The Florida Site File is the state's clearinghouse for information on archaeological sites, historical structures,and field surveys for such sites. Actually a system of paper and computer files, it is administered by the Bureau of Archaeological Research, Division of Historical Resources, Florida Department of State.The form on which a site or building is recorded is the Florida Site File form. Recording a site or building on that form does not mean that either is historically significant, but simply that it meets a particular standard for recording. A building,for example, should be fifty years old or more before it is recorded and entered into the Florida Site File.Relatively few buildings or sites included in the Florida Site File are listed in the National Register of Historic Places, the accepted criterion for a"historic resource." 2. Evaluation: Evaluation of historic resources, the second part of a comprehensive program of historic preservation,is the process of establishing the relative historical or cultural value of the buildings, monuments or objects, and archaeological sites or materials that constitute a community's historic resources. Until recent decades,judgments about what was"historic"was left largely to conventional wisdom or informal opinion within the community. The growing body of federal,state,and local law and regulation that has developed in recent decades, especially in the wake of the 1966 National Historic Preservation Act, have made it necessary to develop formal criteria for such designations and to establish legal mechanisms under which the designations could be made. Mike Smith , G/ ® February 12, 2000 `�' page three (f The most widely used criterion within the United States for establishing the cultural value of a historic resources is listing in the National Register ofHistoric Places,which is explained below. The National Register is a federal program. Its criteria are widely employed by state and local units of government for evaluation, and listing in the National Register is generally tantamount to local or state designation. Some states have set up their own historic registers under state statute. Florida is not one of them. The Florida Master Site File is not a register of established historic sites, but an inventory of sites that offers a base of information upon which judgments might be made. Local units of government, at the county or municipal level, may also establish their own registers. The usual form of local designation is through an ordinance establishing a review commission or board to make designations under criteria spelled out in the ordinance itself. The National Register of Historic Places 4,s the official federal list of culturally significant properties in the United States..The U.S. Department of the Interior maintains the Register. The buildings, sites,structures, objects,and districts listed in it are selected under criteria established by the department.Listing is essentially honorary,and does not imply federal protection or control over private properties listed unless federal funds or activities are directed toward them. Under current law commercial and other income-producing properties within a National Register historic district are eligible for federal tax credits and other benefits if they are first certified as contributing to the characteristics of the district.Buildings individually listed in the National Register are automatically considered certified historic structures and, if income-producing, also qualify for federal tax credits and other benefits. There are various formats for nominating properties to the National Register. One is the individual nomination. Another is the historic district,which designates a historic area within defined and contiguous boundaries. A third,the multiple property group,combines scattered resources that have common links to history, pre-history, or architecture. A historic district contains a group of buildings that collectively display potential for listing in the National Register of Historic Places. While individually each component of a district may not possess the criteria for eligibility, together, through their association in the development of the community,the harmonious scene they create within their neighborhood, and the manner in which they architecturally complement one another they may contain the attributes that would qualify them for listing. Creating a historic district is not a precise science. One reviewer's opinion of a district's potential may not agree with another's. 3. Protection: This is most effectively provided for under a municipal ordinance. It usually allows the municipality to create a local historic district or to designate local historic landmarks for protection. A local historic district may be synonymous with National Register properties and districts, or geographically distinct from them. Mike Smith February 12, 2000 U page four With that said,the following is a list of properties identified in the 1993 survey as designated or potentially significant: Sites Listed in the Register or Scheduled for Listing: Nyberg-Swanson House Woman's Club Building "Very High Priority Sites" Old Dania Methodist Church 113 S. Federal Hwy. A.C. Frost House 132 NW I'Ave. Martin C. Frost House ® 400 S. Federal Hwy Dania Bank Bld. SW corner of Federal Hwy&Dania Bch. Bvd. Woodlawn cemetery Westlawn Memorial Cemetery Ocean Waterway Mobile Home Park Office bldg. 1500 W. Griffin Rd. Dania Beach Hotel 180 E. Dania Bch. Bvd. "High Priority Sites" Old Electric.Plant (FPL property north of canal) 110 SW 1' Ave. Hotel Poinciana ® 141 NW 1'Ave. Mike Smith • ��, ti:'� February 12, 2000 ��J page five 29 S. Federal Hwy. 118 SW 1" Ave. 124 SW 1" Ave. La Normandie restaurant 129 N. Federal Hwy. A. E. Anderson House 323 SW 1"Ave. John Bryan House Site 110 Bryan Rd. "Sites for Possible Local (Designation" 227 N. Federal Hwy ® Parrish Residence at 134 SW 1"Ave. 10 N. Federal Hwy. 57 N. Federal Hwy. 246 S. Federal Hwy. 725 S. Federal Hwy. SW 1" St between Se I" Ct. & SW 1" Ave. 201 SE 2"d Ave. 215 SW Oh St. 6 SW 7m Ave. 2 SW 7'h Ave. 219 Sw 8 h St. • 27 NW 14" Ave. Mike Smith February 12 200 page six Again, I note that, with the exception of the first two listed above, all of the remaining listings are suspect, given the poor quality of the report and site forms. Those designations were made by inexperienced students, who did not possess the education or experience in historic preservation to make such judgements. I hope that this is helpful at this point. Please give me a call if you have questions. We have assigned an associate, Wendy Shay, to begin collecting materials and begin the initial research for our project. When that is complete,I will give you a.call and set up a meeting to discuss our project and insure that we provide a document that will be useful to the City in its historic preservation efforts. Sincerely, ® William R. Adams