The Town CouncilThe Town Council should not remove the should not remove the

“Under 50 year” rule from “Under 50 year” rule from the Town of Palm Beach’s the Town of Palm Beach’s

Landmarks Preservation Ordinance.Landmarks Preservation Ordinance.

A Presentation of The John L. Volk Foundation, Inc.

to the Palm Beach Town Council

March 13, 2001

The Town CouncilThe Town Council should not remove the should not remove the

“Under 50 year” rule from “Under 50 year” rule from the Town of Palm Beach’s the Town of Palm Beach’s

Landmarks Preservation Ordinance.Landmarks Preservation Ordinance.

A Presentation of The John L. Volk Foundation, Inc.

to the Palm Beach Town Council

March 13, 2001

Michael W. MorellAttorney & Counselor

• Administrative, Governmental & Regulatory Law

• Land Use, Zoning, Planning and Redevelopment Law

• Local Government Law• Historical Preservation Law• Consumer Law

Purposes of thePurposes of the John L. Volk Foundation, Inc. John L. Volk Foundation, Inc.

Purposes of thePurposes of the John L. Volk Foundation, Inc. John L. Volk Foundation, Inc.

Support, educate and

encourage landmark

preservation efforts

within the

Town of Palm Beach

Preserve the architecture

and life work of John L.

Volk

Provide scholarships in

the study of architecture

3 reasons why the Volk Foundation3 reasons why the Volk Foundation opposes removing the opposes removing the “Under 50 year” rule “Under 50 year” rule

3 reasons why the Volk Foundation3 reasons why the Volk Foundation opposes removing the opposes removing the “Under 50 year” rule “Under 50 year” rule

(1) The Town would lose its ability to designate properties

and sites of “exceptional importance” which are

“unique” and which have achieved significance within

the last 50 years.

(2) There are some properties and sites which are so

“exceptionally important” and “unique” that they should

be recognized as landmarks now!

(3) The Council’s decision to remove the “Under-50” rule

has not been reviewed by the Landmarks Preservation

Commission -- which is comprised of residents and

experts with a special knowledge of and known interest

in landmarks preservation issues.

The Volk Foundation’s 4 The Volk Foundation’s 4 recommendations onrecommendations on

Proposed Ordinance No. 8-01 Proposed Ordinance No. 8-01

The Volk Foundation’s 4 The Volk Foundation’s 4 recommendations onrecommendations on

Proposed Ordinance No. 8-01 Proposed Ordinance No. 8-01

(1) Oppose the newly proposed changes to our current

ordinance.

(2) Table and refer to Landmarks Preservation

Commission for further study by experts.

(3) If the Town Council rejects study by experts, add

an “exceptional importance” criteria for “under 50

year” properties and sites.

(4) Keep both the “Under-50” and the “Over-50” rules.

An alternative to changing the Town’s An alternative to changing the Town’s current ordinance: Add current ordinance: Add

an “exceptional importance” criteria for an “exceptional importance” criteria for “Under-50 year” properties and sites.“Under-50 year” properties and sites.

An alternative to changing the Town’s An alternative to changing the Town’s current ordinance: Add current ordinance: Add

an “exceptional importance” criteria for an “exceptional importance” criteria for “Under-50 year” properties and sites.“Under-50 year” properties and sites.

Sec. 54-161. Criteria for landmarks and landmark sites.

(a) General Criteria. A landmark or landmark site shall meet at least one of the following criteria:

(1) Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state, county or town.

(2) Is identified with historic personages or with important events in national, state or

local history.

(3) Embodies distinguishing characteristics of an architectural type or is a specimen

inherently valuable for the study of a period, style, method of construction or use of

indigenous materials or craftsmanship.

(4) Is representative of the notable work of a master builder, designer or architect whose

individual ability has been recognized or who influenced his age.

(b) Properties not generally considered; exceptions. A property or site that has achieved significance within the last fifty (50) years, will not normally be considered for designation as a landmark. However, a property or site achieving significance within the last fifty (50) years will qualify if it is an integral part of a district that does meet the criteria specified in Section 54-162(a), or if it is of exceptional importance. A less-than-fifty-year-old property or site must not only meet the general criteria specified in (a) above, but in addition the property or site must be of exceptional importance.

The Town should keep both rules and add The Town should keep both rules and add an “exceptional importance” criteria for an “exceptional importance” criteria for

Under-50 year properties and sites Under-50 year properties and sites

The Town should keep both rules and add The Town should keep both rules and add an “exceptional importance” criteria for an “exceptional importance” criteria for

Under-50 year properties and sites Under-50 year properties and sites OVER-50 RULE

Applies to: properties

or sites which achieved

significance fifty or

more years ago

Criteria: Property or

site must meet General

Criteria in §54-161(a)

UNDER-50 RULE

Applies to: properties

or sites which achieved

significance within the last

fifty years

Criteria: Property or site

must meet General Criteria

in §54-161(a)

AND

Property or site must be of

“exceptional importance.”

The 3 reasons why the “exceptional The 3 reasons why the “exceptional importance” standard for “Under-50” importance” standard for “Under-50”

properties is sound legally & politicallyproperties is sound legally & politically

The 3 reasons why the “exceptional The 3 reasons why the “exceptional importance” standard for “Under-50” importance” standard for “Under-50”

properties is sound legally & politicallyproperties is sound legally & politically

1. There are professional standards which are generally

accepted within the field of historic preservation as to

what is “exceptionally important.”

2. Florida law, National Register of Historic Place

Guidelines and landmarks preservation literature

make clear that the “exceptional importance”

standard is best suited for development through

case-by-case adjudication rather than general rule.

3. Adding a new “exceptional importance” criteria

means that “less than 50 year old” properties

will not normally be considered for designation.

The Florida Courts recognize thatThe Florida Courts recognize that “Exceptional, by its own definition, “Exceptional, by its own definition,

cannot be fully catalogued or anticipated”cannot be fully catalogued or anticipated”

The Florida Courts recognize thatThe Florida Courts recognize that “Exceptional, by its own definition, “Exceptional, by its own definition,

cannot be fully catalogued or anticipated”cannot be fully catalogued or anticipated”“The National Register...encourages nomination of recently significant

properties if they are of exceptional importance to a community, a State, a

region, or the Nation. The criteria do not describe exceptional, nor should

they. Exceptional, by its own definition, cannot be fully catalogued or

anticipated. It may reflect the extraordinary impact of a political or social

event. It may apply to an entire category of resources so fragile that survivors

of any age are unusual. It may be the function of the relative age of a

community and its perceptions of old and new. It may be represented by a

building or structure whose developmental or design value is quickly

recognized as historically significant by the architectural or engineering

profession. It may be reflected in a range of resources for which a community

has an unusually strong associative attachment. Thus a complete list of

exceptionally significant resources cannot be prepared or precise indicators

of exceptional value prescribed.”

Metropolitan Dade County v. P.J. Birds, 624 So. 2d 170, 178 (Fla. 3rd DCA 1995)(“The

Parrot Jungle Case”) (Quoting the U.S. Department of the Interior, Guidelines for Evaluating

and Nominating Properties that have Achieved Significance within the Last 50 Years, at 3,

National Register Bulletin No. 22)

Conclusion: The Town should Conclusion: The Town should keep the “Under-50 year” rulekeep the “Under-50 year” ruleConclusion: The Town should Conclusion: The Town should keep the “Under-50 year” rulekeep the “Under-50 year” rule

(1) Oppose newly proposed changes to our

current ordinance.

(2) Table and refer to Landmarks Preservation

Commission for further study by experts.

(3) If the Town Council rejects study by

experts, add an “exceptional importance”

criteria for “under 50” properties and sites.

(4) Keep both the “Under-50 year” and “Over-

50 year ” rules.

Professional standards,Professional standards, National Register Guidelines and National Register Guidelines and

examples of properties listed which examples of properties listed which attained significance in less than 50attained significance in less than 50

Professional standards,Professional standards, National Register Guidelines and National Register Guidelines and

examples of properties listed which examples of properties listed which attained significance in less than 50attained significance in less than 50