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Ord 30-08 i ORDINANCE NO. 30-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTION (D), "DUTIES, POWERS, AND RESPONSIBILITIES", TO PROVIDE CONSISTENCY WITH THE REQUIREMENTS LISTED IN OTHER SECTIONS IN THE LDRS, AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS" SUBSECTION (D), "REVIEW AND APPROVAL PROCEDURES", (E), "DEVELOPMENT STANDARDS", (F'}, "RESTRICTIONS ON DEMOLITIONS", (H), "UNDUE ECONOMIC HARDSHIP" AND (I), "HISTORIC PRESERVATION BOARD TO ACT ON SITE PLANS, LANDSCAPE PLANS, AND ARCHITECTURAL ELEVATIONS", TO REQUIRE THAT RELOCATION OF A STRUCTURE NOT OCCUR UNTIL THE BUILDING PERMIT FOR THE REDEVELOPMENT PLANS HAVE BEEN ISSUED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 18, 200$ and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4}(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 2.2.6, "The Historic Preservation Baard" Subsection (D), "Duties, Powers, and Responsibilities" of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: f ` Section 2.2.b The Historic Preservation Board (D} Duties, Powers, and Responsibilities r {1) Develop, maintain, and update a survey of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make mare accurate the survey as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will work with the City Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintauiing this survey. (2} Nominate properties far designation, and regulate such properties, structures, buildings, sites, districts, and the like so designated as historic sites and/or historic districts. {3) Participate in the National Register program to the greatest possible extent, as defined by the 1981 and subsequent amendments to the Historic Preservation Act of 1966 and regularions and rules drafted pursuant hereto by the National Park Service and the State Bureau o£ Historic Preservation (4} Act as a regulatory body to approve, deny, or modify Certificates of Appropriateness as specified in Section 2.4.6{H}. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in Section 4.5.1{E)($} with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, ,and other criteria set forth in Section 4.5.1. (5) Make recommendations concerning land development code amendments to the Planning and Zoning Board, and concerning building code amendments to the Chief Building Officaal, as they apply to Histaric structures and districts. (6) Act in lieu of Board of Adjustment. The Historic Preservation Board shall act in lieu of the Board of Adjustment and is empowered to grant variances from existing ordinances fox properties designated as historic sites, within designated historic districts or listed on the Local Register of Historic Places. In addition, the Board is empowered to grant variances from the sign code for those nonconforming signs which existed at the time of enactment of the sign code and relief to Section 4.6.16 through the waiver process [Section 2.4.7{B)]. ('7} Develop, establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for ~ ro hi Individuall Des' ated and/or located within historic districts. Such guidelines will be subject to review by the ~ Planning and Zoning Board, and will be subject to approval by the Commission. The Board's consideration and approval of Certificates of 2 oRD. No. ~a-o$ I ~ Appropriateness under these guidelines shall be in lieu of consideration and approval by the Site Plan Review Board. (8) Make recommendations to the Commission about facade easements, the imposition of other restrictions, and the negotiation of contracts for the purposes of historic preservation. (9) Increase public awareness of the value of historic preservation by developing, conducting, and participating in public education programs. {1 D) Make recommendations to the Commission concerning the use of grants from federal and state agencies, and the use of City funds to promote the preservation and conservation of historically and aesthetically significant archaeological sites, historic sites, and historic districts. {ll) Evaluate, comment upon, and make recommendations to the Commission concerning the deliberations and decisions of other public agencies affecting the physical development and appearance of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (12) Contact public and private organizations, businesses, and individuals and endeavor to arrange agreements to help insure the conservation and preservation of historically and aesthetically significant sites, buildings, structures, and districts for which demolition or destruction is proposed. {13) In the name of the City, and only with the express approval of the Commission, seek, apply for, solicit, receive, and expend any federal, state, or private grant, gift, or bequest of any funding, property, or interest in property to further the purposes of historic and heritage conservation and preservation. {14) Make recommendations to the Commission, and by referral to the Planning and Zoning Board, to make historic preservation concepts an integral and ongoing part of all City planning and zoning codes, the City land use plan, and any comprehensive use planning required by this state. {15) Create and approve standardized historic markers and plaques and issue recognition to designated historic sites and historic districts witlvn the City. (16) Advise the Commission on all matters related to the use, administration, and maintenance of city-owned designated historic sites and historic districts. (17) Execute any ather functions which may be approved by ordinance or resolution of the Commission. 3 ORD. N0.3D-08 f \. i (18) Demonstrate a spirit of cooperation with and provide administrative assistance to property owners in the conservation and preservation of historic sites and properties within historic districts. (19) Develop and maintain a Historic Preservation Manual for the City to help property owners fulfill the regulations and requirements of this section and the regulations for historic preservation developed by the Historic Preservation Board and approval by the Commission. Section 2. That Section 4.5.1, "Historic Preservation Sites .and Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 4.5.1 Historic Preservation Sites and Districts: {D) Review and Ayyroval Procedures: Once property is placed within a Historic District or designated as a Historic Site no development order shall be issued without first obtaining a Cerrificate of Appropriateness ~9~r3 pursuant to Section 2.4.6$}~H from the Historic Preservation Board. Obtaining a Certificate of Appropriateness r-~~ is required in addition to any other process which is required for the development application. (E} Development Standards: All development regardless of use within individually designated historic properties and/or properties located within historic districts, whether contributing or noncontributing, residential or nonresidential, shall comply with the goals, objectives, and policies of the Comprehensive Plan, these regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (1) Exterior .Architectural Features. For the purpose of this Section, exterior architectural features shall include, but not be limited to the following: {a) The architectural style, scale, general design, and general arrangement of the structure's exterior; {b} The type and texture of building material; and {c) The type and style of all roofs, windows, doors, and signs. {2) Major aad Minor development: For purposes of this section, major and minor development standards shall be applied as noted in the following table: 4 ORD. NO. 34-08 ~. {l8) Demonstrate a spirit of cooperation with and provide administrative assistance to property owners in the conservation and preservation of historic sites and properties within historic districts. {19} Develop and maintain a Historic Preservation Manual for the Ciry to help property owners fulfill the regulations and requirements of this section and the regulations for historic preservation developed by the Historic Preservation Board and approval by the Commission. Section 2. That Section 4.5.1, "Historic Preservation Sites .and Districts", of the Land Develapment Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 4.5.1 Historic Preservation Sites and Districts: (D} Review and Approval Procedures: Once property is placed within a Historic District or designated as a Historic Site no development order shall be issued without first obtaining a Certificate of Appropriateness {~9:~r~ pursuant to Section 2.4.G~ H~ from the Historic Preservation Board. Obtainuig a Certificate of Appropriateness E9:~ is required in addition to any other process which is required for the development application. (E) Development Standards: All development regardless of use within individually designated historic properties and/ot properties located within historic districts, whether contributing or noncontributing, residential or nonresidential, shall comply with the goals, objectives, and policies of the Comprehensive Plan, these regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (1) Exterior Architectural Features. For the purpose of this Section, exterior architectural features shall include, but not be limited to the following: (a) The architectural style, scale, general design, and general arrangement of the structure's exterior; (b) The type and texture of building material; and (c) The type and style of aA roofs, windows, doors, and signs. (2) Major and Minor development: For purposes of this section, major and minor development standards shall be applied as noted in the fallowing table: 4 ORD. N0.30-08 ~ ~. '1 Zonlnp Dlstrlct Use ModNicstion of Contrlbutinq Structures Modiflcatlon of Non-Contrtbuting Structures EJnder 255E Over 2555 Under 25Y. Over 255: CBD & CF Multi-Famil Minor Minor Minor Minor Minor Non-Residential Minor Minor Minor Minor Minor R-1-A, R-1-AA, Sin le Famil !Du fex Ma or Minor Ma'or Minor Ma'or RO, OSSHAD, Multi-Famil Ma'or Minor Ma'or Minor Ma'or RL, ~ RM, Nan-Residential Ma'or Minor Ma'or Minor Ma or Notes: 1. All development on individually designated properties in all zoning districts is Minor 2. All development on properties in the OSSI-IAD district which are subject to C$D regulations pursuant to Section 4.4.24{B) (12) is Minoa. (a) For the purposes of this section, "residential" includes single family, duplexes and multifamily in all historic districts and all development, regardless of use, in the Residential Office (RO) zoning district. {b} Major development shall be considered: 1. New construction in all historic districts except CBD and CF zoned properties and properties zoned OSSHAD subject to CBD design guidelines; or , 2. The construction, reconstruction, or alteration of in excess of twenty-five percent {25%} of the existing floor area of the building, and all appurtenances, except for properties zoned CBD or CF and properties zoned OSSHAD subject to CBD design guidelines. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008; or, 3. The construction, reconstruction, or alteration of any part of the front facade of an existing contributing residential or non- residential structure and all appurtenances, except for properties zoned CBD ar CF and properties zoned OSSHAD subject to CBD design guidelines. For purposes of this section, aA limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008. {c) Minor development shall be considered: 5 ORD. NO. 30-08 i 1 1. All new construction in all historic districts on property zoned CBD and CF as well as all properties in the OSSHAD zoned district subject to the CBD design guidelines; ox, 2. All modifications to existing contributing and noncontributing structures in all historic districts on property zoned CBD and CF as well as all properties in the OSSHAD zoning district subject to the CBD Design Guidelines; ar, 3. The construction, reconstruction, or alteration of any part of the front fa4ade of an existing noncontributing residential ar non- residential structures and all appurtenances; or, 4. The construction, reconstruction, or alteration of less than twenty-five percent (25%) of the existing floor area of the building and all appurtenances. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008. 5. Any changes to Individually Historically Designated properties, whether already on site ox newly designated, to help facilitate the move of a historic structure into a historic district. (3) Buildings, Structures, Appurtenances and Parking. Buildings, structures, appurtenances and parking shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner that will preserve the historical and architectural character of the building, structure, site, or district: (a} Appurtenances: Appurtenances include, but are not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures. 1. Fences and Walls: a. Chain-link fences shall be clad in a green or black vinyl and shall only be used in rear yards, or where they are not visible from the street. b. Swimming pool fences shall be designed in a manner that integrates the layout with the lot and structures without exhibiting a utilitarian or stand-alone appearance. 6 ORD. NO. 30-08 ~~ i~ c. Fences and walls over four feet (4'} shall nat be allowed in front or side street setbacks. d. All other provisions in Section 4.6.5 shall apply. 2. Garages and Carports: a. The following compatibility standards shall apply for major development, where applicable: i. Garages and carports are encouraged to be oriented and entered from the side or rear and out of view from the public right of way. However, if this is not possible, the orientation of garages and carports shall be consistent with the majority of such structures within the district. ii. Garage doors should be designed to be compatible with the architectural style of the principal structure and include individual openings for vehicles rather than two car expanses of doors. Metal two car garage doors are discouraged. (b) Parking: 1. Where feasible, alternative methods of meeting minimum parking standards contained in Sections 4.6.9{C)(8) and/or 4.6.9(E), as applicable, shall be explored to avoid excessive use of historic properties and/or properties located in historic districts for parking. Parking lots shall strive to contribute to the historic nature of the properties/districts in which they are located by use of creative design and landscape elements to buffer parking areas from historic structures. At a minimum, the following options shaA be considered: a. Locate parking adjacent to the building ox in the rear. b. Screen parking that can be viewed from the public right- of-way with fencing, landscaping, or a combination of the two pursuant to Section 4.6.5. c. Utilize existing alleys to provide vehicular access to sites. 7 ORD. NO. 30-08 f d. Construct new curb cuts and street side driveways ozily in areas where they are appropriate or existed historically. e. Use appropriate materials for driveways, such as concrete pouted in ribbons. £ Avoid wide driveways and circular drives. 2. Waivers may be granted by the Historic Preservation Board for relief from the number of parking spaces required in Section 4.6.9 upon presentation of confirmation that adequate parking for a proposed use may be achieved by alternate means which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation Design Guidelines. {4) Alterations. In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors. (5) Standards and Guidelines. A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior s Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. (G} Relocation. ~~' (a) Relocation of historic buildings and structures, whether contributing, non-contributing, or individually designated. to other sites shall not take lace unless it is shown that eir r rv ~ n n xistin or o sites is not consistent with the followine: 1. the purposes of this Section; 2. would cause undue economic hardship to the property owner in accordance with e definition of undue economic h~x~ship found in Section 4.5.1 (H}: or, 3. a building permit has been issued for the Historic Preservation Board approved redevelopment. S ORD. NO. 30-08 ( `'~. d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historicaIly. e. Use appropriate materials for driveways, such as concrete poured in ribbons. f. Avoid wide driveways and circular drives. 2. Waivers may be granted by the Historic Preservation Board for relief from the number of parking spaces required in Section 4.6.9 upon presentation of confirmation that adequate parking for a proposed use may be achieved by alternate means which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation Design Guidelines. (4) Alterations. In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factoxs. (5) Standards and Guidelines. A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards fox Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. (6) Relocation. (a) Relocation of historic buildings and structures, whether. contributing, non- ontributin or individuall deli ated to other i s h not e place unless it is shown that their preservation on the _existing or original sites is not consistent with the followine: 1. the purposes of this Section; 2. would cause undue economic hardship to the property owner in accordance with the definition of undue econom}~ hardship found in Section 4.5.1 ~* fir, 3. a building vermit has been issued for. the Historic Preservation Board approved redevelopment. S ORD. NO. 30-08 r All struc es a raved for relocation nd awaitin issuance of buildin ermit for the red velo ment sh ll be maintained in a m nn r similar. to that in which it existed at time of application. (7) Demolition. Demolition of historic or archaeological sites, or buildings, structures, improvements and appurtenances within historic districts shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition of any structure, whether cantributing or non-contributing, shall not occur until a building permit has been issued for the HPB approved redevelopment. All structures approved for demolition and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at time of application unless the Chief Building Official determines that an unsafe building condition exists in accordance with Section 4.5.1(G). {8} Visual Compatibility Standards. New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided far in this Section with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, ~ ,and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E}(2) shall be determined by utilizing criteria contained in {a)-(m) below. Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site. (a} Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with respect to the height of residential structures, as defined by 4.5.1{E)(2)(a), shall also be determined through application of the following: 1. Building Height Plane (BHP}: The building height plane technique sets back the overall height of a building from the front property line. a. The building height plane line is extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established at a two to one (2:1) ratio. See illustration below. 9 ORD. NO. 30-0$ r~ zl NO BUILR MAX 35' HT ~~ 20NE rl wl ~ ~ Ok / 22-5'• HISTO_RIE al ~~______.,__,_2 STORY HT _______ OI ~~ 77,5' rFEAA ~ p.~ 15 1 SETBACK uko7'y/ 25.0' - 50.0' - -~5 0' 750 0' BUILDING HEIGHT PLANE AT 2:1 RATIO b. A structure relocated to a historic district or to an individually designated historic site shall be exempt from this requirement. 2. First Floor Maximum Height: a. Single-story or first floor ]units shall be established by: i. Height from finished floor elevation to top of beam (tie or band) shall not exceed fourteen feet (14'}. ii. Mean Roof Height shall not exceed eighteen feet (18'). iii. Any portion exceeding the dimensions described in i. and ii above shall be considered multi-story strllGtlireS. iv. See illustration below: v. Sections i. and ii., above may be waived by the Historic Preservation Board when appropriate, based on the architectural style of the building. 3. Upper Story Height: 1 Q ORD. NO. 30-08 f ` r a. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond} shall not exceed twelve feet (12~. (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible withixi the subject historic district. (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. {~ Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. (h) Roof Shapes: The roof shape, including type and slope, of a building ox structure shall be visually compatible with the roof shape of existing historic buildings ox structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. 19 ORD. N0.30-08 (i) Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. (j) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. To determine whether the scale of a building is appropriate, the following shaA apply for major development only: 1. For buildings wider than sixty percent (60%) of the lot width, a portion of the front facade must be setback a minimum of seven (7) additional feet from the front setback line: a. Lots sixty-five (65) feet ox less in width are exempt from this requirement. b. To calculate how much of the building width must comply with this provision, multiply the lot width by 40% and subtract the required minimum side setbacks (example: 100' lot width x 40% = 40' - 15' side yard setbacks = 25'). c. Any part or parts of the front far~ade may be used to meet this requirement. d. See illustration below: lz ol~. No. 3o-os ~\ r 1 e. If the entire building is set back an additional seven (7) feet, no offset is required. 2. For buildings deeper than fifty percent (50%) of the lot depth, a portion of each side facade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line: a. To calculate how much of the building depth must comply with this provision, multiply the lot depth by fifty percent (50%) and subtract the required minimum front and rear setbacks {example: 120' lot depth x 50% _ 60' - 25' front yard setback - 10' rear setback = 25'}. b, Any part or parts of the side far~ades may be used to meet this requirement. d. If the entire building is set back an additional five {5} feet from the side, no offsets are required on that side. 3. Porches may be placed in the offset portion of the front or side facades, provided they are completely open except for supporting columns and/or railings. 13 ORD. NO. 30-08 c. See illustration below: visually compatible with the buildings, structures, and sites within a historic district far all development with regard to its directional character, whether vertical ar horizontal. (1) Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. (m) Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished as follows: 1. Additions shall be located to the rear ox least public side of a building and be as inconspicuous as possible. 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. 3. Characteristic features of the original building shall not be destroyed or obscured. 4. Additions shall be designed and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed. 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building nor replicate the original design, but shall be coherent in design with the existing building. 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building. (9} Visual Compatibility Incentives. In order to provide design flexibility for residential structures, as defined by LDR Section 4.5.1{E)(2)(a), that otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1(E)(8}, incentives for development shall include the following: {a) Open Air Spaces: 'The ratio of the Building Height Plane (BHP) can increase from two to one (2:1) to two to one and a half (2:1.5) fox open air spaces limited to: first or second floor front porches (separation must 14 ORD. NO. 30-08 i` BUILDING HEIGHT PLANE NORTH {SIDE) ELEVATION be provided between floors), first or second floor side porches (separation must be provided between floors), balconies, and overlooks with open railings (see illustration below); and {b} Front Elevation: Up to twenty five percent (25%) of the front elevation(s) can extend above the Building Height Plane (BHP) to a maximum height of thirty five feet (35~, provided twenty five percent (25%) or more of the front elevation{s) remains one (1) story as defined by LDR Section 4.5.1 (E}(8)(a)(2). The total width of extension shall not exceed eighteen feet (1 $') along the front elevation{s}. See illustration below. 15 ORD. NO. 30-08 I ~ i SIDE VIEW CAM /E A/OVE '~ /ii1LOiN0 N[IONT PLAN! F 35' MAX.' FRONT VIEW ~=ALLOWED ABOVE BNP, NOT TO EXCEEd 35' MAX = MUST BE UNDER BHP = 25% OR MORE OF FRONT FACADE(S) MUST REMAIN 1 STORY (F} Restrictions an Dernolitians: No structure within a Historic District or on a Historic Site shall be demolished without ftrst receiving a Certificate of Appropriateness pursuant to Section 2.4.6(H). The Historic Preservation Board shall be guided by the following in considering such a request. (1) The Historic Preservarion Board upon a request for demolition by a property owner, shaIl consider the following guidelines in evaluating applications for a certificate of appropriateness for demolition of designated historic sites, historic interiors, or buildings, structures, or appurtenances within designated historic districts; (a) Whether the structure is of such interest or quality that it would reasonably fulfill criteria for designation for listing on the national register. (b) Whether the structure is of such design, craftsmanship, ox material that it could be reproduced only with great difficulty or economically nonviable expense. {c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the city. 1 G ORD. NO. 30-08 ~ ~ ~ {d) Whether retaining the structure would promote the general welfare of the city by providing an opportunity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. {e) Whether there are approved plans for immediate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on the surrounding area. {2) No decision of the Board shall result in undue economic hardship for the property owner. The Board shall determine the existence of such hardship in accordance with the definition of undue economic hardship found in Subsection (H}. (3) The Board's refusal to grant a Certificate of Appropriateness requested by a property owner for the purpose of demolition will be supported by a written statement describing the public interest that the Board seeks to preserve. (4) The Board may grant a Certificate of Appropriateness as requested by a property owner, for demolition which may provide for a delayed effective date. The effective date of the certificate will be determined by the Board based on the relative significance of the structure and the probable time required to arrange a possible alternative to demolition. The Board may delay the demolition of designated historic sites and contributing buildings within historic districts for up to six months while demolition of non-contributing buildings within the historic district may be delayed for up to three months. {5) As a condition of the_ Certificate of A ro riateness a royal for demolition the Board makreguire that the a~h'cant take such steps as it deems necessary to preserve the structure wed r uested for emolition: includein , ,consultation with community groups, public agencies, and interested citizens, recommendations for acquisition of property by public or private bodies, or agencies; and exploration of the possibility of moving one or more structures or other features. (G) Unsafe Buildings: In the event the Chief Building Official determines that any structure within a designated historic site or designated historic district is unsafe pursuant to the applicable Code of Ordinances, the Chief Building Official will immediately notify the Board of his findings. Where appropriate and in accordance with applicable ordinances, the Chief Building Official will attempt to have the structure repaired rather than demolished, and will take into consideration any comments and recommendations by the Board. However, the provisions contained within division (A) of this section shall not apply to the Chief Building Official's declaration that a building is unsafe, nor will the Chief Building Official be precluded from taking whatever steps, as may be required by applicable ordinances to protect the public health and safety of the community. The Board may also endeavor to negotiate with the owner and interested parties, provided such actions do no interfere with procedures in the applicable ordinances. 17 ORD. N0.30-08 i i 1 (H) Undue Economic Hardship: In a~ all instances where there is a claim of undue economic hardship, the property owner t shall submit, within a reasonable period of time, prior to a meeting with the Board, the following documentation: (1) For All Property: (a} The amount paid for the property, the date of purchase, and the party from wham purchased; {b) The assessed value of the land and improvements thereon, according to the two most recent assessments; (c) Real estate taxes for the previous two yeazs; (d) Annual debt service or mortgage payments, if any, for the previous two years; {e) All appraisals, if any, obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property; {f) Any listing of the property for sale or rent, price asked, and offers received, if any; and (g} Any consideration by the owner as to profitable adaptive uses for the property, including but not limited to possible fair market rents for the property if it were rented or leased in its current condition. {2) For Income Property (Actual or Potential}: (a) The annual gross income from the property for the previous two years, if any; (b} The annual cash flow, if any, for the previous two years; and (c) The status of leases, rentals, or sales for the previous two years. {3) Aan applicant may submit and the Board may require that an applicant furnish additional information relevant to the Board's determination of any alleged undue economic hardship. The Board may also require, in appropriate circumstances, that information be furnished under oath. 18 ORD. N0.30-08 ~` '1 {I} Historic Preservation tfoarU to Act on x uc~ one us 1 ui- u ~.c~ u A ro ri tene s , Pursuant to the powers granted in Section 2.2.b(D), the Historic Preservation Board shall act on all development ,, u: ~~..:,, c:... applications for ro erties located within a Historic District or --~ for Indiwid Designated Sites as listed on the Local Register of Historic Places, subject to processing under Sections 2.4.5(F),(G),(H), and {I) which otherwise would be acted upon by the Site Plan Review and Appearance Board or the Planning and Zoning Board. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, ox word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PA SED AND ADOPTED in regular session on second and final reading on this the ~ day of 2008. ATTEST MAYO R ~. ~~~ City Clerk First Readin ~ O~ Second Readin 19 ORD. NO. 30-08 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 9, 2008 SUBJECT: AGENDA ITEM 14.J. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2008 ORDINANCE N0.34-48 SECOND READING/SECOND PUBLIC HEARING ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to the Land Development Regulations by amending Section 2.2.6, "The Historic Preservation Board", Subsection {D), "Duties, Powers, and Responsibilities", to provide consistency with the requirements listed in other sections in the Land Development Regulations, Amending Section 4.5.1, "Historic Preservation Sites and Districts" Subsection {D), "Review and Approval Procedures", {E}, "Development Standards", (F), "Restrictions an Demolitions", {H}, "Undue Economic Hardship" and (T}, "Historic Preservation Board to Act on Site Plans, Landscape Plans, and Architectural Elevations", to require that relocation of a structure not occur until a building permit has been issued for the associated Redevelopment Plans. BACKGROUND At the first reading on September 3, 2008, the Commission passed Ordinance No. 30-08. RECOMMENDATION Recommend approval of Ordinance No. 30-08 on the second and final reading. ORDINANCE NO.30-08 AN ORDINANCE OF THE CITY COMNIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE QTY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.2.6, `"THE HISTORIC PRESERVATION BOARD", SUBSECTION {D), `DUTIES, POWERS, AND RESPONSIBILITIES", TO PROVIDE CONSISTENCY WITH THE REQUIREMENTS LISTED IN OTHER SECTIONS IN THE LDRS, AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS" SUBSECTION (D}, "RE VIE W AND APPROVAL PROCEDURES", (E ), "DEVELOPMENT STANDARDS", (F), "RESTRICTIONS ON DEMOLITTONS", (I~, "UNDUE ECONOMIC HARDSHIP" AND {I), "HISTORIC PRESERVATION BOARD TO ACT ON SITE PLANS, LANDSCAPE PLANS, AND ARCHITECTURAL ELEVATIONS", TO REQUIRE THAT RELOCATION OF A STRUCTURE NOT OCCUR UNTIL THE BUILDING PERMIT FOR THE REDEVELOPMENT PLANS HAVE BEEN ISSUED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pz.~aant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text aniendrnent at a public hearing held an August 1$, 2008 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Plaruling Ageiv~~y, has deternvrtied that the change is consistent with and f~ntheis the goals, objectives and policies of the Comprehensive Plan; and WI~REAS, the City Conurriss-ion of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the orclinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Section 2.2.6, "The Historic Preservation Board" Subsection {D), "Duties, Powers, and Responsibilities" of the Land Development Regulations of the City of Delray Beach, Florida, be and the Satre is hereby amended to read as follows: Section 2.2.6 The Historic Preservation Board (D) Duties, Powers, and Responsibilities {1) Develop, maintain, and update a survey of archaeological sites, properties, buildings, structures, and clistricts of special historic, aesthetic, arrlmitertural, cultural, or social value or interest. The Board will endeavor to improve, expand and make mare accurate the survey as additional its, information, oral histories, and other such materials may became available, and it will. periodically reevaluate the survey. The Board will work with the City I~istorical Society, the State Bureau of Idistoric Preservation, and other appropriate public and nonprofit organizations in maintaining this survey. (2) Nominate properties for cle~ignation, and regulate such properties, structures, buildings, sites, districts, and the like so designated as historic sites and/or historic districts. (3) Participate in the National Register program to the greatest possible extent, as defined by the 19$1 and subsequent ameimc~rents to the I-lastoric Preservation Act of 1966 and regulations and naies drafted pursuant hereto by the National Park Service and the State Bureau of Historic I'resenration {4) Act as a regtilatory body to approve, deny, or rrw~~fy Certificates of Appropriateness as specified in Section 2.4.6(H}. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the vLSUaI corrpat~bility standards provided for in Sectan 4.5.1(E)(S) with regard to height, width, mass, scale, facade, openings, rhytlmrry material, color, texture, roof shape, direction, ,and other criteria set forth in Section 4.5.1. (5} 1VIalcP recornmertdations conceming land development code arr>endnments to the Plaruling and Zoning Board, and conceming building code arrendmerlts to the Chief Building Official, as they apply to Historic stnactures and districts. {6) Act in lieu of Board of Adjustment. The Historic Preservation Board shall act in lieu of the Board of Adjustment and is empowered to grant variances from existing ordirmances for properties designated as historic sites, within designated historic districts or listed on the Local Register of Historic Places. In addition, the Board is empowered to grant variances from the sign code for those nonconforming signs wlmich existed at the time of ~t of the sign code and relief to Section 4.6.16 through the waiver process [Section 2.4.7(8)]. (7) Develop, establish, and reguate guidelines concerning contempor~eous archifiectural styles, colors, building materials, and so forth for le-s~ all. properties which are Individually De~gnated and/or located within historic districts. Such guidelines will be subject to review by the Planning and Zoning Board, and will be subject to approval by the Commission The Board's consideration and approval of Certificates of Appropriateness under these guidelines shall be in lieu of consideration and approval by the Site Plan Review Board 2 ORD. N0.30-08 (8) Malae recormrrerrdations to the Cornnvssian about facade easements, the imposition of other restrictions, and the rtiegotiation of contracts for the purposes of historic preservation (9} Irunease public awar~etvess of the value of historic preservation by developing, conducting, and participating in public education programs. (10) Mahe recomrr~erdations to the Comrrus~4on concerning the use of grants from federal and state agencies, and the use of City fund to promote the preservation and conservation of historically and aesthetically significant anchaeoiogical sites, historic sites, and historic districts. (~ 1) Evaluate, comment upary and make recorrrnrenndations to the Commission concealing the clel>7~erations and decisions of other public agencies affecting the physical development and appearance of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (12) Contact public and private oxg<anizations, businesses, and individuals and endeavor to arrange agreements to help insane the conservation and preservation of historically and aesthetically significant sites, buildings, stnactzu~es, and districts for which demolition or destruction is Proposed. (13) In the name of the City, and only with the express approval of the Corrnrnssian, seek, apply for, solicit, receive, and expend any federal, state, or private grant, gift, or bequest of any frmding property, or interest in property to fiu~ther the purposes of historic and heritage conservation and preservation (14} Make r~ecomrr~endations to the Comrrvss~ion, and by referral to the Planning and Zoning Board, to make historic presen~ation concepts an integral acrd ongoing part of all City planning and zoning codes, the City land use plan, and any cor~el~nsive use planning regtrired by this state. {15) Create and approve standardized historic markets and plaques and issue recognition to designated historic sites and historic districts within the City. (16) Advise the Commission on all matters related to the rase, ~tian, and maintenance of cityowned desigc~ated historic sites and historic districts. {1~ Execute any other functions which maybe approved by ordinance or resolution of the Corrm~ission (18) Derronshate a spirit of cooperation with and provide administrative assistance to property owners in the conservation and preservation of historic sites and properties within historic districts. 3 ORD. N0.30-08 (19) Develop and maintain a I~istoric Pi~ervation Manual for the City to help property owners fulfill the regulations and r~rerr~tlts of this section and the regulations for historic preservation developed by the I-3'istaric Preservation Board and approval by the Corz~r~~sion Section 2. That Section 4.5.1, "I~rstoric Preservation Sites and Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 4.5.1 Historic Preservation Sites and Districts: {D} Review and Approval Procedures: Once property is placed within a Historic District or designated as a I-Lrstoric Site no development order shall be issued without first obtaining a Certificate of Appropriateness ~~ pursuant to Section 2.4.6~}~H from the Historic Preservation Board Obtaining a Certificate of Appropriateness C$~ is regirired in addition to any other process which is regtrired for the development application (E) Development Standards: All c~velopment i~rdless of use within individually c~signated historic properties and/or properties located within historic districts, whether contributing or noncontributing, t~esideritial or nonresidential, shall comply with the goals, objectives, and policies of the Cori~pi+ehe<isive Plan, these regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Stanclaxds for Rehabilitation {1) Exterior Architectural Features. For the purpose of this Section, exterior architectural features shall iruchide, but not be limited to the follawin~ (a) The architectural style, scale, gerrer~al design, and general ~t of the structure's exterior; (b) The type and texture of btrilding mateiial; and (c) The type and style of all roofs, wincbws, doors, and signs. (2} Major and Minor development: For purposes of this section, major and minor development standards shall be applied as noted in the following table: 4 ORD. N0.30-0$ ~. ZAning gLstrlct Uso Modltlcatlon nt Comrllxrtin{~ Strveturos t`Wtllfica8on of Non-Contributing Structures . Undar'26`h gver~6'!r Under 2674 t3var!26%' CBS & CF Multi-Famil Minor Minor Minor Minor Minor Non-Residential Minor Minor Minor Minor Minor R-1-A, R-1-AA, Sin le Femi1 1Qu ex Maw Minor Ma'or Minor Ma'w Rq, g55HAD, Multi-Famil Ma'w Minor Ma'w Minor Ma'or RL, & RM, Non-Residential Ma or Minor Ma'w Min°r Ms'or Notes: 1. All development on udividuallY ~~~~ P~P~~ ~ ~ ~m$ districts is Muwr 2. All development on pmperEies in the OSSHAD district which are subject to CBD regulations pursuant to Section 4.4.24(B) (12} is Mmor. {a) For the proposes of this sectiory "residenntial" inclucil~ single family, duplexes and multifamily in all histaric districts and all development, regtidless of use, in the Residential Office (RO) zoning district. (b) Major development shall be considered: 1. New coz~stnx~tion in all historic distric#s except CBD and CF zoned propextles and properties zoned OSSHAD subject to CBD desig~l guidelines; or , 2. The corrlstrlacbian, reconstnaction, or alteration of in excess of t~rnt~five percent (25%} of the e~dsting floor area of the building, and all appurtenances, except for properties zoned CBD or CF and properties zoned OSSHAD subject to CBD design guideiirles. For purposes of this sectiory all limitations and regulations shall be reviewed in a currnilafive manner from the date of passage of this ordinance in 2008; or, 3. The c~ion, reconstn~ction, or alteration of any part of the front facade of an existirng contributing residential ar non residential ~ and ail appurtenances, except for properties zoned CBD or CE' and properties zoned OSSHAD subject to CBD cosign gtziclelines. For purposes of this section, all limitations and regulations shall be reviewed in a ctmuilative maruner from the date of passage of this ordinance in 2008. (c} iVfunar development shall be considered: ~ ORD. N0.30-0$ All new cor~sh,xiion in all historic districts on property zoned CBD and CF as well as all properties in the OSSHAD zoned district subject to the CBD design guidelines; or, 2. All modifications to existing contributing and noncontributing structures in all historic clistnicts on property zoned CBD and CF as well as all properties in the OSSHAD zoning district subject to the CBD Design Guidelines; or, 3. The construction, reconstnx~ion, or alteration of any part of the front facade of an e~asting noncontnbukirig residential or non- residential structures and all appurtenances; or, 4. The construction, reconstruction, or alteration of less than twenty~five percent (25%) of the eadsting floor area of the building and all appurtenances. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative m~runer from the date of passage of this ordinance in 2008. 5. Any changes to Individually I~istorically Designated properties, whether already on site or newly designated, to help facilitate the Trove of a historic structrme into a historic district. (3) Buildings, Structures, Appurtenances and Parking. Buuldings, structures, appurtenances and parking shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a mariner that Wilk preserve the historical and architectural character of the biulclir~ sht~cturre, site, or district: (a) A~nurtenances: App~utenances irudude, but are rvot limited to, stone walls, fences, light fixtimes, steps, pavirr~ sidewalks, signs, and accessory structures. 1. Fences and Walls: a Quin link fences shall be clad in a green or black vinyl and shall only be used in rear yards, or where they are not visrble from the street. b. Swarrirring pool fences shall be desig~ued in a manner that integrates the layout with the lot and struchues without exhybitung a utilitar5an or stand-alone appearance. 6 ORD. NO.30-OS c. Fences and ~nralLs over four feet (4~ shall not be allovred in front or side street setbacks. d All other provisions in Section 4.b.5 shall apply. 2. Garages and Carports: a The following cornpatrbility standards shall apply for maj or development, where applicable: Gags and carports are encouraged to be oriented and entered from the side or near and out of view from the public right of way. Hov~ever, if this is not possible, the orientation of gages and carpox~s shall be consistent with the maj ority of such sbruchmes within the district. ii. Garage doors should be designed to be compatible with the architectural style of the principal structure and include individual openings for vehicles rather than twv car ~ of doors. Metal two ear garage doors are discouraged. (b) Parking: 1. 'Where feasible, alternative n~thods of n~ee~ing nvniirnun parking standards contained in Sections 4.6.9(0(8) and/or 4.6.9(E), as applicable, chalk be explored to avoid excessive use of historic properties and/or properties located in historic districts for parking Parking lots shall strive to eorttrlbute to the historic nature of the properties/districts in which they are located by use of creative design and landscape elerr~lts to buffer parking areas from historic structures. At a minimums the following options shall be considered: a Locate parking adjacent to the building or in the rear. b. Screen parking that can be viev~ed from the public right- of-way with fencing, landscaping, or a combination of the twn pcrosuant to Section 4.6.5. c. Utilize existing alleys to provide vehicular access to sites. 7 ORD. N0.30-08 d Constr~yct new curd cuts and street side driveways only in areas where they are appropriate or existed historically. e. Use appropriate materials for driveways, such as concrete poured in nbbons. Avoid wide driveways and cincrrlar drives. 2. Waivers maybe granted by the Historic Preservation Boarcl for relief from the number of parking spaces regained in Section 4.6.9 upon presentation of confirir~ation that adequate parlang for a proposed use may be achieved by alternate means which are found to be in keeping with the provisions and intent of the Delray Beach I~rstoric Preservation Design Guidelines. (4) Alterations. In considering proposals for alterations to the exterior of historic buildings and sinrhmes and in applying developgr~~t and preservation starrdarcL, the doclmiented, original design of the building maybe considered, arrong other factors. {5) Standards and Guidelines. A historic site, building, siruchrre, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demoliahecl, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. {6) Relocation. {a) p~unless it is shown that their privation on the existing or on,_giir~al sites is not consistent with the following 1. the pt~oses of this Section; 2. would calrse undue economic har~dshr,~ to the proper owner in a~cor~arrce with the definition of undue economic hardship found in Section 4.5.1 ; or. 3. a btnlding pern7it has been issued for„the Historic Preservation Board approved redevelopment. 8 ORD. NO.30-08 similar to that in which it e~dsted at tore of application. (~ Demolition. Demolition of historic or archaeological sites, or buildings, structures, imgnnvements and apputtenarues within historic districts shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1{F}. Demolition of any stn~cture, whether contnbuting or non-contributing, shall not occ~ until a building pernut has heal issued for the HPB approved redevelopment. All sh-uct~u7es approved for demolition and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at titre of application unless the Chief Building Official cleterniiries that an unsafe building condition exists in accordance with Section 4.5.1(G). (8} Visual Compatibility Standards. New Consh't~rtion and all improvements to both contributng and noncontnbuting buildings, stxvetimes and appurtenances thereto within a designated historic district or on ar- individually c~signated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply flue visual compatibility si-andards provided for in this Section with regard to height, width, mass, scale, far~ade, openir-gs, rhythm, material, color, texture, roof shape, direction, ~ ,and other criteria set forth elsewliei~e in Section 4.5.1. Visual compatibility for minor and moor development as referenced in Section 4.5.1(E}(2) shall be determined by ntilizing criteria contained in (a}-(rn) below Visual compatibility for all develapmerit an individually c~signated properties outside the district shall be Wined by comparison to other structures within the site. (a} Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buldings in a historic district for all major and nminor development. For major development, visual compatibility with respect to the height of resideamtial structure`s, as defined by 4.5.1(E){2)(a), shall also be deterrnizled through application of the following 1. Building Height Plane (BHP): The building height plane technique sets back the overall height of a building from the front property line. a The building height plane line is extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established at a ttiw to one (2:1) ratio. See illustration below. 9 ORD. N0.3(]-08 12 ROOF PITCH MAY 1~ARY 6 r.r ~MIEi4N Ft00F HT. ~'7'~P Q~ BEAM rt 'a' F~E.1=. i~ NO BUILD MAX 75' WT. ~~ ZONE ~I Wf ~ ' ~I _ ______ 22.5'x HISTDRIC_______ yl ~~~ 2 STORY NT. QI 1T.5' /'REAR rc ~$~' ~gy / SETBACK wl ~ 25.p' BUILDING MEIGM7 PLANE AT 2:i AATIO b. A struct~tne relocated to a historic distriet or to an individually designated historic site shall be exempt from this rprnrirem~~t. 2. First Flaar ]VfaxirYUan Height: a Single-story or first floor limits shall be established by. i. Height from finished floor elevation to top of beam {tie or bond) shall not exceed fourteen feet (14'}. ii. Mead Roof Height shall not exceed eighteen feet (18'}. iii Any portion exceeding the dimensions de<sct7bed In L and ll abOVe Shall be COTLS1deP2d multi-Story Sti lICtLIf~ES. iv. See illustration below. v. Sections i. and ii, above may be waivlecl by the Historic Preservation Board when appropriate, based on the architectural style of the building. 3. Upper Story Height: 7a oRD. lvo. sans a. Height from finished floor elevation to fuvshed floor elevation or top of beam (tie or bond} shall not exceed twelve feet (12~. {b) Front Facade Proportion: The front facade of each building or structure shall be visually compatble with and be in direct relationship to the width of the building and to the heig~tt of flue front elevation of other existing sttvctY mes and birildingS within the subject historic district. (c) Proportion of Openings (Windows and Doors): The openixlgS of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. {d} Rhythm of Solids to Voids: The relationship of solids to voids of a building or sttvchue shall be visually compatible with existing historic buildings or structLmes within the subject historic district for all development, with particular attention paid to the front facades. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structtmes within the subject historic district. (f) Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a bi,rilding shall be visually compatible with e~dsting architecttual styles of entrances and porch projections on e~dsting historic buildings and structures within the subject historic district for all development. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic builcling~s and structures within the subject historic district. {h) Roof Shapes: The roof shape, inching type and slope, of a building or structure shall be visually compatible with the roof shape of e~dsting historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural. style of the buildir~ 11 ORD. N0.30-0$ (i} Walls of Continuiity: Walls, fences, e~~xgneen landscape noses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic builclingS or stnactixres within the subject historic district and the stxuchu~e to which it is visually related (j) Scale of a Buil The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and struct~mes within a historic district for all developrnent. To deternline whether the scale of a building is appropriate, the following shall apply for major development only. 1. For btrilding~s wider than sixty percent {60%} of the lot widtry a portion of the front facade must be setback a minirrnml of seven (~ additional feet from flue front setback line: a Lots sixty~five (65) feet or less in width are exempt from this requilt. b. To calculate how nArh of the blrilcihng width rrntist corr~ly with this provision, multiply the lot width by 40% and subtract the rec~.rirecl mu~nm1 side setbacks (example: 100' lot width x 40% = 40' - 15' side yard setbacks = 25~. c. Any part or parts of the front far~ade may be used to meet this regrrit+eirient. d See illustration below 12 ORD. N0.30-08 e. If the entire building is set back an additional seven (~ feet, no offset is regirined. 2. For buildings deeper than fifty percent (50%) of the lot depth, a portion of each side facade, which is greater Chart one story high, rru.~t be setback a rrdxtimurn of five (5) additional feet from the side setback line: a To calculate how n~ch of the building depth must comply with this provision, multiply the lot depth by fifty percent (50%} and subtract the regtrired mirtirrumt front and rear setbacks {exarr~le:120' lot depth x 50% _ 6t}' - 25' front yard setback -10' rear setback = 25~. b. Any part or parts of the side facades may be used to meet tins nequ;remer-t. d If the entire building is set back an additional five (5) feet from the side, no offsets are req~red on that side. 3. Porches maybe placed in the offset portion of the front or side far~ades, provided they are completely open except for supporting colurtms and/or railings. 13 ORD. N0.30-08 c. See illt~stralion below. (k} Directional Expression of Fxont Elevation: A building Shall be visually compatble with the buildings, stn~chmes, and sites within a historic district for all development with regar~ci to its directional character, whether vertical or horizontal (1) Architectural Style: All major and rivnor development shall consist of only one (1) architectural style per structure or property and not introduce elements defuutive of another style. (m) Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts. Visual Compatbility shall be accomplished as follows: Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building 3. Q~acfieristic features of the original building Shall not be destroyed or obscured. 4. Additions shaIl be desig~ued and constructed so that the basic form and character of the historic building will remain intact if the addition is ever rerroved. 5. Additions shall not introdtre a new architectural style, mimic too closely the style of the eadsting building nor replicate the original desigry but shall be coherent in design with the e~dsting building 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building (9) Visual Compatibility Incentives. In order' to provide design flexibility for residential structtu~es, as defined by LDR Section 4.5.1(E){2){a), that othervvlse satisfy the Visual Compatbility Standards outlined in Section 4.5.1(E)(8}, incentives for development shall include the following {a) Open Aix Spaces: The ratio of the Building I~eight Plane (BHI') can increase from two to one (2:1) to two to one and a half (2:1.5) for open air' spaces limited to: first or second floor front porches (separation must 14 ORD. NO.30-48 BUILpING HEIGHT PLANE NORTH (SIDE) ELEVATION be provided between floors), fast or second floor side poaches (separation mast be provided betw~a floats), balconies, and overlooks with open railings (see illttst~on below); and (b) Front Elevation: Up to twenty five percent (25%) of the front elevation(s) can extend above the Bwilding Height Plane (BHP} to a maxinnml height of thirty five feet (35~, provided twenty five pea`ent {25%) or nnore of the front elevations} remains one {1) storyas defined by LDR Section 4.5.1 (E)(8)(a}(2). The total width of extension shall not exceed eighteen feet (18') along the front elevation(s). See illtstriation below 15 ORD. N0.30-08 51DE VIEW cue ee Heave euc-orxa xua ~LANe ~~ []= AILOWED ABOVE BFiP, NOT TO EXCEED 35' FAAX ®=MUST BE UNDER BHF S = 25°6 OR MORE OF FRONT FACADE{S) MUST REMAIN 1 STORY (F} Restrictions on Demolitions: Na structlme within a Historic District or on a Historic Site shall be demolished without first receiving a Certificate of Appropriateness pursuant to Section 2.4.6(H}. The Hstoric Preservation Board shall be guided by the following in considering such a request. (1) The I~istaric Preservation Board upon a request for demolition by a property owner, shall consider the following guidelines in evaluating applications for a certificate of appropriateness for demolition of designated historic sites, historic interiors, or bLrildings, structures, ar appluter~lces within cl~ignated historic districts; (a) Whether the stnrhrre is of such interest or quality that it would reasonably fulfill criteria for designation for listing on the national register. (b) Whether the structure is of such design, ship, or material that it could be reprod~xed only with great difficulty or economically nonviable expense. (c) j+Vhether the stnx:hme is one of the last remaining e7carriples of its kind in the designated historic district within the city. 16 ORD. NO.30-0$ FR©NT VIEW (d) Whether retaining the stnact~me would promote the general welfare of the city by providing an opportunity to shady local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. (e) Whether there are approved plans for irnmecliate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on the surnounding arm. (2) No decision of the Board shall result in undue economic hardship for the property owner. The Board shall ~ri#~L-te deterrrrine the existence of such hardship in accordance with the definition of undue economic hardship found in Subsection (I-~. (3} The Board's refusal to gr-~tt a Certificate of Appropriateness reque5~ted by a property owner for the purpose of demolition will be supported by a written statement desc~nbirag the public interest that the Board seeks to preserve. (4} 'The Board may grant a Certificate of Appropriateness as requested by a property owner, for demolition which may provide for a delayed effective date. The effective date of the certificate will be determiruecl by the Board based on the relative significance of the structure and the probable time regtrired to arrange a possible alternative to demolition. The Board may delay the demolition of designated historic sites and contnbuting buildings within historic districts for up to six months while demolition of non-contributing buildings within the historic district may be delayed for up to three months. {5) As a condition of the Certificate of A~ropriateness approval for demolition, the Board may recltrire that the applicant take such stems as it cleerr>s necessary to preserve the structure ~ requested for derrolitiort Suersteps irrcl ,consultation with cor7urv.mity groups, public agencies, and interested citizens, recommendations for acquisition of property by public or private bodies, or agencies and exploration of the possibility of moving one or more structures or other features. {G) Unsafe Buildings: In the event the Chief Building Official determines that any structure within a designated historic site or designated historic district is unsafe pursuant to the applicable Code of Ordinances, the Chief Building Official will irrnr~diately notify the Board of his findings. Where appropriate and in accordance with applicable orduances, the Chief Building Official will atterr~pk to have the structure repaired rather than denwlished, and will take into consideration any comments and recommendations by the Board However, the provisions contained within division (A) of this section shall not apply to the Chief Bulding Official's declaration that a building is unsafe, nor will the Chief Building Official be precluded from taking whatever steps, as may be required by applicable ordinances to protect the public health and safety of the community. The Board may also endeavor to negotiate with the owner and interested parties, provided such actions do no interfere with procedures in the applicable ordinances. 17 ORD. NO.30-08 (Ii) Undue Economic Hardship: In at~* all instances where there is a claim of undue economic hardship, the property owner may shall submit, within a reasonable period of time, prior to a meeting with the Board, the following docurr~ltation: (1) For All Property: (a) The amourrt paid for the property, the date of purchase, and the party from whom p~urhasecl; (b) The assessed value of the land and improvements thereon, according to the tvw most recent assessments; (c} Rol estate taxes for the previous two years; (d) Annual debt service or mortgage payments, if any, for the previous tvw Y~% {e) All appraisals, if any, obtained within the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property; (f} Any listing of the property for sale or rent, price asked, and offers received, if any, and (g} Any consideration by the owner as to profitable adaptive uses for the property, including but not limited to possible fair market rents for the property if it were rented or leased in its current condition. (2} For Income Property {Actual or Potential}: (a} The annual gross income from the properly for the previous tvw years, if any, (b) The annual cash flow, if any, for the previous two years; and (c) The status of leases, rentals, or sales for the previous two years. (3) An applicant may submit and the Board may raegirire that an applicant famish additional infam~ation relevant to the Boards deterrniriation of any alleged tmdue economic hardship. The Board may also Vie, in appropriate circumstances, that information be famished under oath. 18 ORD. N0.30-08 (I) Historic Preservation Board to Act on A~iplications Other than Certificates of At~uroariateness_ , , PLU5L7arit t0 the pourers granted in Section 2.2.6{D), the Historic Preservation Board shall act on all c~velopment applications for~moperties located within a Historic District or for Individuallsv Designated Sites as listed on the Local Register of Hilt n~c Places, subject to processing tmde~r Seciiorls 2.4.5(F),(G),(H}, and (I) which otlverwi~se would be acted upon by the Site Plan Review and Appearance Board or the Planning and Zoning Board. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such clecis~ion shall not affect the validity of the remainder hereof as a whole or part thereof othQr than the part declared to be invalid Lion 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are Y ~ Section 6. That this ordinance shall become effective irrrcrediately upon its passage on second and final reaclin~ PASSED AND ADOPTED in regular session on second and final reacling on this the day of .2008. ATTEST MAYOR City Qerk First R ' Second Reading 19 ORD. N0.30-08 MEMORANDUM TO: Mayor and City Commissioners FROM; AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: August 27, 2008 SUBJECT: AGENDA ITEM 10.G. -REGULAR COMM=,~„~~ON MEETING OF SEPTEMBER 3, 2008 QRDINANCE 30-08 FIRST READING/FIRST PUBI,~~ HEARINGI The item before the City Commission is aCity-initiated amendment to LDR Sections 2.2.6{D) to provide consistency with the requirements listed in other sections of the Land Development Regulations, and amending Sections 4.5.1 {D), 4.5.1{E), 4.5.1(F}, 4.5.1{H), and 4.5.1{I) to require that relocation of a structure not occur until a building permit has been issued for the associate redevelopment plans. The primary purposes of these amendments are both corrective and to add language to require that the relocation of structures not occur until building permits for associated redevelopment plans have been issued. This would apply similar regulations to both relocations and demolitions. A complete outline and analysis of the subject amendments is provided in the attached Planning and Zoning Board Staff Report. REy.;EW BY OTHERS The Historic Preserr-ation Board (HPB} considered the subject amendments at its meeting of August 6, 2008 and recommended approval. The Pineapple Grove Main Street committee considered the subject amendments at its meeting of August 6, 2008 and recommended approval. The Downtown Development Authority (DDA) considered the subject amendments at their August 11, 2008 meeting and recommended approval. The West Atlantic Redevelopment Coalition (WARC) considered the subject amendments at their August 13, 2008 meeting and recommended approval. The Planning and Zoning Board considered the subject amendments at its meeting of August 18, 2008 and recommended approval. http://www.mydelraybeach.com/Agendas/Bfuesheet.aspx?ItemID=1409&MeetingID=151j9/9/zd08 14:16:38 AM] RECOMMENDATION By motion, approve on first reading Ordinance No. 30-08, amending the Land Development Regulations (LDRs) by adopting the findings of fact and law contained in the staff report and finding that the text amendments are consistent with the Comprehensive Plan and meet the criteria set forth in LDR Section 2.4.5{M). http://www.mydelraybeach.com/Agendas/Bluesheet.aspx?ItemID=1409&MeetingID=151[9/9/2008 10:16:38 AM] MEETING OF: AUGUST 18, 2048 AGENDA NO: IV.F. ITEM: CITY INITIATED~AMENDMENTS PERTAINING TO THE LAND DEVELOPMENT REGULATIONS {LDR) SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTION (D), "DUTIES, POWERS, AND RESPONSIBILITIES", TO PROVIDE CONSISTENCY WITH THE REQUIREMENT'S LISTED IN OTHER SECTIONS IN THE LDRS, AMENDtNG SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DI5TRICTS" SUBSECTION {D), "REVIEW AND APPROVAL PROCEDURES", {E), "DEVELOPMENT STANDARDS°', {F), "RESTRICTIONS ON DEMOLITIONS", (H), "UNDUE ECONOMIC HARDSHIP" AND (n, "HISTORIC PRESERVATION BOARD TO ACT ON SITE PLANS, LANDSCAPE PLANS, AND ARCHITECTURAL ELEVATIONS", TO REQUIRE THAT RELOCATION OF A STRUCTURE NOT OCCUR UNTIL THE BUILDING PERMIT FOR THE REDEVELOPMENT PLANS HAS BEEN ISSUED. .__..._._...._v:..~.'}, Y~:~i.-S.~_..»-M1..:-z_.:_..'h-.ti-x-S:-.w^i n...:L ].M .:.-[~-:-_:~~. ..»...~':.T^'1..:1:._. - _ .._........_....__.... .~- . .....-.n~.:.......-._~s_:n: = _.: ~:.., », ... . ,.,.... ~ ..,: ... _.._..._....__..~._.._m..c::an.,n:~.:ct.:;; r:F.;~~ti-.-.gc~sC=ice W?"YEi`=::.? ~ ...r- ._........ _..__. .~ v..~3-~.x._.,...i.,.~~.....,ers,~...Y.,..,........~....e._..~.:~..es__..~_z._.._..__.. -~....._~::::r.;c_.._...._.:::r::=.~::s::.;:-:..~:: ~_.:::_~...~. .:._... ...~e_: .._.._....._._._.~..__._......_. r__.._.. _.e... .e ~~i~o~~i:-:e:.-r::e:::::r.5:::::::ie?3~-:a:::G-::::::-x-a,,:..r~,;o.c°.;~::-::::::a_ •-_e1~ The item before the Board is that of making a recommendation to the City Commission regarding City- initiated amendments to LDR Sections 2.2.6(D), 4.5.1 {E), 4.5.1 {F}, 4.5.1 {H}, and 4.5.1(1) as detailed in the above caption. The primary purposes of these amendments are both corrective and to add language to require that the relocation of structures not occur until building permits for associated redevelopment plans have been issued. This would apply similar regulations to both relocations and demolitions. Pursuant to Section 1.1.6{A}, an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. ---....._....._...__...:. _-:__-: ~_ ~W _ _.__ ._.. _ -:.-~.::~::~:w :._~_~__:__ ....- -~ .._._ ., a~-.._.__._ ::-: The proposed amendments are summarized below: LDR Section 2.2.6(D)(4), The Historic Preservation Board, Duties, Powers, and Responsibilities • Removes language referring to lot coverage and square footage which is not applicable, and was not deleted in the adoption of previous revisions within Ordinance 38-07; • Deletes references to "historic sites° and replaces with "all properties which are Individually Designated and/or located within historic districts"; • Corrects and removes reference of the 5i#e Plan Review and Appearance Board regarding review of the guidelines applicable to the properties reviewed by the HPB. LDR Section 4.5.1(D), Review and Approval Procedures • Removes the reference of the COA acronym; • Corrects and references the correct LDR Section 2.4.6{H), Certificate of Appropriateness for Individually Designated Historic Structures and all Properties Located within Historic Districts, as opposed to LDR Section 2.4.6(J}, Drainage Plans. Planning and Zoning Board Meeting August 1 B, 200$ Ordinance 30-05 LDR Section 4.5.1{E)(B}, Development Standards: Relocation • Requires that the relocation of a historic structure not take place until the building permit for the redevelopment plans is issued (similar to how demolitions are addressed); • Provides for the maintenance of the structure while awaiting issuance of the aforementioned relocation permit. LDR Section 4.5.1(E}(8), Development Standards: Visual Compatlbllity Standards Removes language referring to lot coverage and square footage which is not applicable, and was not deleted in the adoption of previous revisions within Ordinance 38-07. LDR Section 4.5.1{F)(2), Restrictions on Demolition • Removes "have authority to" since this was deemed unnecessary wording within sentence. LDR Section 4,5.1{F){5), Restrictions on Demolition • Clarifies existing language in accordance with recent amendments made regarding the demolition of structures. LDR Section 4.5.1(H), Undue Economic Hardship • Clarifies existing language with minor edits to provide that in all instances claiming economic hardship, the property shall submit specified documentation. LDR Section 4.5.1{I}, Historic Preservation Board to Act on Sit® Plan, Landscape Plans, and Architectural Elevations • Clarifies existing language regarding the ability of the HPB to act on applications other than Certifica#es of Appropr'~ateness. The attached ordinance {30-fl8) is now before the Board for recommendation to the Planning and Zoning Board. The primary purpose of the subject amendments is to provide criteria that relocations of any structures not occur until the building permit is issued for redevelopment of the originating site. The requirements are similar to those for buildings approved for demolition. While this has not been an issue, there are no regulations providing this type of protection for the original property and its streetscape, as the creation of an empty lot affects the historic streetscape. The amendmen#s also require that the building be maintained in a manner similar to that which existed at the time of application. This will provide for further protection and assure that the structure has not been partially demolished by neglect prior to relocation. The balance of the amendments intend to either "clean up" the existing language as it may be incorrect, ar clarify existing language. LDR Section 2.4.5(M)(51 lFindings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in additlan to LDR Section 7.1.6(A}, the City Commission must make a finding that the tent amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: 2 Planning and Zoning Board Meeting August 98, 20D8 Ordinance 30-08 FUTURE LAND USE ELEMENT: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Objective A-4 The redevelopment of land and buildings shalt provide far the preservation of historic resources. The objective shall be met Through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policy~A-4,~1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the °Delray Beach Design Guidelines". Future Land Use Policy A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. The Future Land Use Element of the City's Comprehensive Plan calls for the enhancement of the existing qualify of life and mandates that redevelopment shall provide for the preservation of historic resources. These requirements are strengthened in the proposed amendments to protect the city's designated historic areas from the impact of relocating historic properties without an assurance of imminent redevelopment_ Therefore, positive findings can be made that the proposed LDR text amendments are consistent wifh and further the Goals, 06jectives and Policies of the Comprehensive Plan Future Land Use Element. HOUSING ELEMENT: GOAL AREA "A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY PRESERVING EXISTING STABLE NEIGHBORHOODS, STABIf*IZING AND ENHANCING NEIGHBORHOODS THAT ARE IN TRANSITION, AND RESTORING AND REHABILITATING NEIGHBORHOODS THAT HAVE DECLINED. Housinu Element,,, Objective A-11} The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housing Element Policy A-1,0_1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Housino Element Pollcy A-14.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic strudtres. Housing Element Objective A-12 To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. 3 Planning and Zoning Board Meeting August 9 $, 2008 Ordinance 30-08 Housing Element Policv A-12=4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. The proposed LDR amendments comply with the Housing Element as noted above in that they will further strive fo sta6iiize and enhance existing historic neighborhoods through the prevention of the relocation of viable historic structures without a commitment to redevelop the property. Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Gaols, Objectives and Policies of the Comprehensive Plan Housing Element. Coastal Manag®ment_Element_Pollcy_8-2.7 The Marina Historic D[strict shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C- 9for the specii'ic implementation program. Coastal Management Element _Policv . B-2.2 Individual historic structures shall continue to be designated pursuant to the City's Historic Preserva#ion Ordinance. Coastal Management Element Obiective C-1 The retention, rehabilitation, and protection of historic resources as provided far in the City's Historic Preservation Ordinance shall continue to be applied in the Coastal Planning Area. The Marina Historic District shall continue to be redeveloped with a sympathetic blending of the demands of economic development and historic preservation. Coastal Management Element Policv C-1.1 The northern portion of the Marina District nearest Atlantic Avenue shall be developed with the active participation of both the Historic Preservation Board and the Community Redevelopment Agency. Coastal Mana ement Element Polk C-1.2 The middle and southerly portions of the Marina District shall continue to be enhanced through the renovation of existing single family and multi-family structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to the historic district. The proposed LDR amendments comply with the Coastal Management Elemenf of the Comprehensive Plan in that they are sensitive to the fwo designated historic disfricts wifhin this area: Nassau Street acrd Marina. Overall, fhe protection of the historical resources located in the aforementioned historic districts will continue to be enforced by providing that relocations of historic structures will require fhat permits for redevelopment wit! be issued prior fo the removal of existing structures. Upon consideration of fhe above, positive Endings can be made fhaf the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan Coastal Management Element. =E'~~-~:;h:4sE~~=i~~~3e~"~t~ ':."_KbxE~;i~~t . 5,<=,:...~i. Yw:-.~..~~ - - - - ~ t,"~~~ ~ _~~~`m~~r The Comprehensive Plan calls for the preservation of historic resauroes, the rehabilitation of historically significant housing, and the promotion of historic designations as a revitalization tool. The proposed amendments achieve the aforementioned goals and policies by placing additional emphasis on the importance of maintaining the historic s#ree#scapes within the designated districts. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. 4 Planning and Zoning Board Meeting August 18, 2008 Ordinance 3008 The Historic Preservation Board {HPB) considered the subject amendments at its meeting of Augus# 6, 2008 where a recommendation of approval was made. The Pineappie Grave Main Street committee considered the subject amendments at its meeting of August 6, 2008 where a recomrnendatian of approval was made. The Downtown Deveiopment Authority (DDA} considered the subject amendments at their August 11, 2008 meeting, where a recommendation of approval was made. The West A#Iantlc Redevelopment Coalition (WARC) considered the subject amendments at their August 13, 2008 meeting, where a recommendation of approval was made. First Reading by the City Commission is anticipated far the regular meeting of Wednesday, September 3, 2008, with Second Reading to occur at the City Commission meeting of Tuesday, September 16, 2008. Letters of objection and support, if any, will be presented at the meeting __ ~. _... ...... ...............-...___.___....w~::.~ .'..,..._u:-•,:c~:- s,.. _:~ ~r~~_.:~ ,F--.,M. - - - w °'_ • -•';d~~F~ aa=Er.:~°~?r ~ :._-z? ' .L.;..--.- . ~::_ • ,~,... ... .. .. .. ,•:._:::::~:::_.:-:;e-:::: _::=•.e.:a_.._._..___... a%;;aw:~.r :n;:.v;=-r-..:. .. ... ... ~ ,~~.nx~ar' 4 _ nix..:, vY_j~ti? ~%L?,?v:~7~~?iEE:''.~'~::~.=:=31~:~w A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 30-08 by adapting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. C. Move a recommendation of denial to the City Commission of the amendments to the Land Development Regulations {LDRs) associated with Ordinance 30-08 by adopting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensive Plan. (Motion to be uhrased in the affirmative-,See above.) Move a recommendation of approval to the City Commission of the amendments to the Land Development Regulations {LDRs) associated with Ordinance 30-08 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. PreAared t,y: Array E. Alvarez, Historic Preservation Planner Attachments: • Proposed LDR Amendment Ordinance 30-08. 5 aI M' CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO REQUIRE THAT RELOCATION OF A STRUCTURE NOT OCCUR UNTIL THE BUILDING PERMIT FOR THE REDEVELOPMENT PLANS HAS BEEN ISSUED The Ciiy Commiss~ of the City of Delray Beach, Florida, proposes to adopt ifre following ordinance: ORDINANCE N0.30.08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RMEND4NG THE IAND Dt=VELOPMENT REGi3LAT10NS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.2.fi, "THE HISTORIC PRESERVATION BOARD". StBSECTION (D}, "DUTIES, POWERS, AND RESPONSIBILITIES", TO PROVIDE CONSISTENCY WITH THE REOUIREMENT5 LfSTED IN OTHER SECTIONS IN THE LDRS, AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS' SUBSECTION (D}, °REVIEW AND APPROVAL PROCEDURES", (E}, "DEVELOPMENT STANDARDS", (F), "RESTRICTIONS ON DEMOLITIONS", (H), °UNDUE ECONOMIC HARDSHIP" AND {I}, "HISTORIC PRESERVATION BOARD TO ACT ON SITE PLANS, LANDSCAPE PLANS, AND ARCHITECTURAL ELEVATIONS", TO REOU IRE THAT RELOCATION OF A STRUCTURE NO` OCCUR UNTIL THE BUILDING PERMIT FOR THE REDEVELOPMEN- PLANS HAS BEEN ISSUED; PR0VIDINGASAVING CLAUSE,AGENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on W DNESD PTEtN6 8 AT 7:00 ~9 in the Commission Chambers at City Ha11,100 N.VY. 1st Avenue, Delray Beach, Florida. It the proposed ordinance is passed on f€rst reading, a second Public Hearing will be held an TUESDAY, SEPT_EINBER 16.2008 AT 7:00 P.M. (ar at any enntinuaiion of such meeting which is set by the Commission) in the Commission Chambers at Cily Hall, 100 N W. 1st Avenue, Delray Beach, Florida. RII interested citizens are invited to attend the public he~ings and comment upon the proposed ordinance or submit their comments in writing an or before the date of these hearings to the Planning and Zoning Department. For further ir€iarmatinn or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Halt. 100 N.W. 1st Avenue. Delray Beach, Flnrida 33444 (email at pzmail a~mydeiraybeach.com] or by calling 5611243-704fl}, between the hours of B:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. Please be advised that it a person decides to appeal any decision made by the City Commission with respect to any matter considered at these hearings, such person may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to ~ based. The City does nci provide nor prepare such record pursuant to F.S. 286.0105, CITY OF DELRAY BEACH Chnvel!e D. Nubin, CMC Ciiy Clerk PUBLISH Tuesday. August 26, 2008 Tuesday, September 9, 2008 Boca RatonlDehay Beach News C~,~.~-,c(~aJ