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Ord 09-08AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND .DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTIC)N 4.5.1, `HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5,1{N}, "CRITERIA FOR CHANGE OF HISTORIC DESIGNATION ANDJOR CLASSIFICATION", AND A NEW SUBSECTION 4.5.1 {O}, "PROCEDURES FOR CHANGE OF HISTORIC DESIGNATION AND/C-R CLASSIFICATION", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR A CHANGE OF HISTORIC DESIGNATION AND jOR CLASSIFICATION; 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 1$, 200$ 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 Laval 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 Coinmi.ssion of the City of Delray Beach adapts 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 Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1{N}, "Criteria for Redefining Boundaries of Historic Districts" and 4.5.1 {O), "Procedures for Redefining Boundaries of Historic Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: Criteria far Chan a of Historic D si :nation d or 1 ssific 'on: (1~ A survey of alI historic districts mad be conducted by the_C~i y every five {5~ dears. The survev report may recommend changes to the historic designation and/or classification of.properties located within. or immediately adjacent to a designated historic district. a Part of a historic district that touches the edge of the boundary of the historic district as it existed at the time of anginal designation of that district ar that was ante Part of a Matted lot that touched the edge but has since been subdivided has had its his oric irate irreversibl compromised due to inaPuraPriate development as determined by the survey consultant, then the offending dart of the district mad be removed and the boundary lines of the historic district revised to reflect the removal in accordance with LL}R Section 4,5.1 (C-~. 1. If a Property owner within the Part of the district seeking removal from the historic district desires to retain the historic designation for their ~rofsert~y, then they maw ag~ly to individually designate their ~~erty i~ursuant to LDR Sections 4,5.1 fB, and,~Cl. If a ~ro~erty has received a tax exemption pursuant to LDR Section 4.5.1(Ml as a contributing. structure within a historic district but does not c~ualif~ far individual designation, then the Part of the district seeking to be removed from the district which includes said ~ra,~erty maw not be removed until the tax exem~tian expires Pursuant to LIAR Section 4.5.1(M~~3~. (b) Criteria for Change of Historic Classi£xcation: If aCity-initiated survey conducted within the last five (5} years reveals that a ProPert~ within a historic district should be reclassified as either contributin~ar non-contributing, then the classification may be revised in accordance with LL~R Section 4.5.~D~ and shall be determined as follows: 1. The survey recommends the inclusion of an additional "Period of Significance",, which would reclassify ~ra~erties from non- contributing to contributing, orT 2. The survey recommends that a nronerty or nrat~erties have been so significantly altered that the changes are irreversible and have compromised the structures historic integrity of the structure. which would reclassify the structure from contributing to nan- contributin~. -a- ,{c~ Criteria for Expansion of a Historic District: If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing, then that historic district may redefine its boundaries to include the ad~,acent contributing structures in accordance with LI7R Section 4.5.1 {C7~, ar a new historic district may be CARD. NCt. 09-(}8 LDR Section 4.5.1 fC). ((~) Procedures for Change of Historic Designation andlor Classification. ,~1~ Procedures for Removal from or Ext3ansion of a Historic District: Apt~licatians shall be made to the Historic Preservation Board and may be initiated by written request of: (a) The Historic Preservation Board based upon the recommendations of a survey completed within five (5} years Prior to the application: ~ba The City Commission based unan the recommendations of a survey completed within five (5~ years prior to the ap,_plication: or ,~,}~ Any owners) of a~ro~erty to be removed ar added based upon the recaxnmendation of a City-initiated survey com„~leted within twelve ~12~ months ar less prior to application. AP~lications submitted bro~ert~ owners shall include: 1. photographs and addresses of all Properties that will be either removed from or added to the historic~istrict ands 2. signatures of at least sevendy-five Percent~75°fo~ of the property owners that are located in the area that will be removed from added to the historic district. {2~ Proceduares for Change of Historic Classification: Applications to change the historic classification of a property, or properties within a historic district shall be made to the Historic Preservation Berard and may be initiated by written request af: jai The Historic Preservation Board based upon the recommendations of a City-initiated survey completed within five_{5~years prior to the applicatian• ar (b~._ The City Commission based unan the recommendations of a City- initiated surv~ completed within five ~5,~ years prior to the application: or jc~ Any owner ~ of a Property to be reclassified based upon the recommendation of aCity-initiated surve~carnpleted within twelve (12~ months Prior to the a~nlica~;Ap~lications submitted by_property owners shall include: OIZD. NC-. 0~-08 reclassified as contributing ar noncontributingiond 2. whose Properties are to be reclassified. j3} The Planning and Zonin,~ Director or hislher designee sha11 conduct a' Preliminary evaluation of the information Provided on each a~r}lica~ n to determine if it generally conforms with criteria in LDR Section 4.5.1(N}{1}. The Planning and Zoning Director ar hislher designee shall then Prepare a r~evort which ,hall contain the following: (a} Change of Historic Designation: 1. Proposed revised legal boundaries of the historic district; 2. Analysis of the historic significance and character of the proPert~ies} to be removed from ar added to the historic district• and 3. A staff recommendation as to whether or not the Properties should be removed due to irreversible Loss of historic integrity as a result of ina ro riate develo ment within a historic district ar art of a district or whether ar not the additional Properties should be added to the historic district due to an increase in contributing structures adjacent to the district. (6} Change of hlistaric Classification: 1. Analysis of the Properties to be reclassified: and 2. A staff recommendation as to whether ar not the Properties should be reclassified due to either: a. Loss of historic integrity as a result of irreversible alterations to a contributing,~ralaerty; or b. inclusion of an additional "Period of Significance" Per the survey recommendations. Upon__ com~letian and formal review of the retort. a public hearing shad be held. Notice of said h earing shall be made to the owners of all Properties within the subject historic district and the owner~s,~ of all Pro perties within five hundred feet f500'} of t he affected Properties at Ieast ten 10} days prior to the hearing by reg ular mail. Additional notice shall be given in th e same manner as ,Provided for a rezoni ng action see Section 2.4.2~B},(r1,~ }~ and by native (ORD. NQ. 09-~$ however,,posting,pursuant to 2.4.2 ~(11(b) is not required. that the application fulfills the proffer criteria and all procedures have laeen, followed correctly, it shall vote on the recommendation, A majority of the entire'..., Board, t~resent and voting, must act in the affirmative to approve the application. The decision of the Board, whether the application is approved ar denied, shall then be transmitted to the City Catnrnission. The City Commssion, shall consider the recommendation of the Historic Preservation $oard through' its standard ordinance ada~tian procedures, except that if any.~raperty owner within the subject historic district or within five hundred feet f504') of the edge of the~aroperty seeking a change of historic designation andlor classification' objects; the City Commission ap,.proval shall require a super majority vote of four ~ votes. Section 2 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed, Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. y PASSED AND ADOPTED in regular session on second and final reading on this the l~~day of , 20{}8. ATTEST A R City Clerk First Readin Second Readin ~ ~ ~~ 5 ORD. NO. 09-08 ~~~~~~ ORDINANCE NO. 09-08 {Alt #6} AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, `HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.1 {N}, "CRITERIA FOR REDEFINING BOUNDARIES OF HISTORIC DISTRICTS", AND A NEW SUBSECTION 4.5.1 {O}, "PROCEDURES FOR REDEFINING BOUNDARIES OF HISTORIC DISTRICTS", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR INCREASING AND jOR REDUCING HISTORIC DISTRICT BOUNDARIES, 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, 2008 and voted 0 to 4 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174{4}{c}, the Planning and Zonng 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 Cor~~u-xussion 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 Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1 {N}, "Criteria for Redefining Boundaries of Historic Districts" and 4.5.1 {O}, "Procedures for Redefig Boundaries of Historic Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: ,~Nl Criteria for Redefining Boundaries of Historic Districts: ,{1}_ A sux~=ey of all historic districts may be conducted by the Cites every five {5,~ years. ,~2~ If a surveyreveals that a hart of a historic district that touches the edge of the boundary of the historic district as it existed a the time of original designation of that district ar that was once hart of a platted lot that touched the edee but has been subdivided has had its historic integrity irreversiblTcom~romised due to inappropriate devela~menta then the offending part of the district may be removed and the boundary lines of the historic district reduced to reflect the removal in accordance with the procedures in LDR Section 4.5.1,~0}~ ~, If a Property owner within the ~ rt of the.. district seeking to reduce the boundaries determines that they want to retain the historic designation for their property, then they may a~~ly to individually designate their prapert~pursuant to LDR Sections 4.5.18 and (C). If a property has received a tax exemption pursuant to LDR Section 4.5.1(M~, as a contributing structure within a historic district but does not qualify for individual designation, then the t~arT t of the district seeking to be removed from the district which includes said PraPer may not be removed until the tax exem Lion expires pursuant to LDR ..Section 4_5. ~~M.~,(3..~. ~3) If a survey rev„__ eats that a historic district should expand its baundarv lines due to the increase in structures deemed to be cantributin~, then that historic district may redefine its boundaries to include the adjacent cantributin~ structures in accordance with the procedures in LDR Section 4.5.1 {tJ~. ~O~ Procedures far Rede____ fnin~ Boundaries of Historic Districts. {ll Applications for redefining boundaries of an historic district shall be made to the Historic Preservation Board on an application farm developed and approved by the Board. ~a,~ An application for redefining, boundaries of a historic district may be initiated by written request of 1. The Historic Preservation hoard at and time so long as a C~~ initiated surve~~ has been consulted that was performed within. five~51 vears ar less: 2. The City Commission at any time so long as a City„initiated survey has been consulted that was performed within five (~, years ar less or 3. Any own_ er{sl of~ro~erty{ies~,within a historic district as long as they initiate the process within a twelve (12~, month window from the date of the last City-initiated survey,: CJRD. zoo, a~-o~ a, if an owner(s~ of designated property ies~ seeks to redefine the boundaries of a historic district. then they shall provide: i. photographs and addresses of all proterties that will be either removed from or added to the historic district and' ii. signatures _ of seventy-five percent (75°foLof the broom ert~ owners that are located in e area that will be removed from_ar added to the historic district. 2) The Planning and Zoning Director _ or hislher designee shall conduct _ a Preliminaryevaluation of the information provided on each appltcation seeking to redefine the boundaries to determine if it^generally conforms with criteria for xedefining_ boundaries Provided in Sections 4,5.1(N)l2} and 4.5.1 ~N, (3~, 1. T'he Planning and Zoning Director or hislher designee shall then Prepare a report which shall contain the following: ~ Proposed revised legal boundaries of the historic district: ~b,~A_nalysis of the historic significance and character of the roper ies} to be added or subtracted from the historic district. c) A staff recommendation as to whether or not the boundaries should be reduced to remove proper 'es due to irreversible lass of historic integrity as a result of inappropriate development within a historic district or part of a district or whether or not the boundaries should be ex an ed due to an increase in contributing structures adiacent to the district. 3) Upon completion and formal review of the report, a public hearine shall be held. Notice of said hearing shall be made to th.~owner s of all roperties within the subject historic district and the owner{s,~ of all properties within five hundred feet (500')... of the properties to be added or subtracted at bast en (1~Ldavs ,prior to the hearing b~ re _ ._ mail. Additional notice shall be given in the same manner as Provided for a rezoning action see Section 2.4.2~B~.(1;~,(b)~ and by notice published in the newspaper at least ten (10~days np 'or to the hearing, provided: however, ,posting pursuant to 2.4.2(BZ~1,~(b~ is not required. 4) After conducting the public hearing, if the Historic Preservation Board finds that the apPlicatian to redefine the boundaries fulfills the_praper criteria to add ar subtract properties and all~rocedures have been followed correctly, it shall vote on the recommendation to increase or reduce the baundar~ lines of the historic district. A malty of the entire Board, present and voting,, must act in the affirmative to approve the application seeking to redefine CJRD. NC?. 09-08 then be transmitted to the Cites Commission. The City Corrunission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption rocedures exce t that if an ra er owner within the sub' ct hi oric dis 'ct o within five hundred feet (540' of the edge of the proberty seeking to be added or subtracted from the historic district objects to the new boundaries of the his~:oric district. the City Commission approval sha11 require a super maiorit~vote of four~4~votes. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall became effective immediately upon its passage on second and fuial reading. PASSED ANT} ADOPTED in regular session on second and final reading on this the day of .2048. ATTEST City Clerk C~ First Readin y ~ ~~ Second Readin ~~ MAYOR 4 ORD. NO. 49-48 E a 3 v U N env N ao a 5; v a ~" v 3 a z m `aa 0 4 fD CITI' OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS REGARDING BOUNDARIES, DESIGNATION AND10R CLASSIFICATION OF HISTORIC DISTRICTS OR SITES The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE N0.09-OS (Alternate #fij-VERSION 4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, 'HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.1(N}, "CRITERIA FOR REDEFINING BOUNDARIES OF HtSTOR1C DISTRICTS", AND A NEW SUBSECTION 4,5.1(Oj, "PROCEDURES FOR REDEFINING BOUNDARIES OF HISTORIC DISTRICTS", tN ORDER TO PROVIDE CRITERIA AND A METHOD FOR INCREASING AND/OR REDUCING HISTORIC DISTRICT BOUNDARIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. ORDINANCE N0.09.08 (Alternate #TJ -VERSION 5 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, 'HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.1(N}, "CRITERIA FOR CHANGE OF HISTORIC DESIGNATION ANDlOR CLASS3FICATION", AND A NEW SUBSECTION 4.5,i(O), `PROCEDURES FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", IN ORDER TO PROVIDE CR3TEREA AND A METHOD FOR A CHANGE OF HISTORIC DESIGNATION ANDtOR CLASSIFICATION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. The City Commission will conduct two (2) Public Hearings for fhe purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will beheld on WEDNESDAY. SEPTEMBER 3.2008 AT 7:00 P.M, in the Commission Chambers at City HaII, 100 N.W. 1st Avenue, Delray Beach, Florida. If the proposed ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY. SEPTEMBER ifi, 2008 AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission) in the Gommission Chambers of City Hail, 100 N.W. 1siAvenue, Delray Beach, Florida. All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit (heir comments in writing an ar before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contact fhe Planning and Zoning Department, City Half, tOQ N.W, 1st Avenue, Delray Beach, Florida 33444 (email at pzmail a~mydelraybeach.com} or by salting 5611243-7040j, behveen the hours of &00 am. and 5:00 p.m., Mandaythrough Friday, excluding holidays, Please be advised fhat if a person decides to appeal any decision made by khe City Commission with respect to any matter considered at these hearings, such person may need #o ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The Cify does not provide nor prepare such record pursuant to F.S. 286.0105. CITY OF DELRAY BEACH Chevelle D. Nubin, CMC City Clerk PUBLISH: Tuesday, August 26, 2008 Tuesday, Sepfember 9, 2008 Boca RatontDelray Beach News MEM(JRANDLTM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE; September 9, 200$ SUBJECT: AGENDA ITEM 14,I. -REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2tt0$ ORDINANCE NO, 09-0$ (SECOND READWG/SECOND PUBLIC HEARINGl ITEM BEFORE COMMISSION This ordinance is before Commission for second reading second and second public hearing for a City initiated amendment to the Land Development Regulations (LDR} amending Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", enacting a new Subsection 4.5.1(N}, "Criteria for Change of Historic Designation and/or Classification", and a new Subsection 4,5.1{O}, "Procedures for Change of Historic Designation and/or Classification", in order to provide criteria and a method for a change of historic designation and/or classification. BACKGROUND At the first reading on September 3, 200$, the Commission passed Ordinance No. 09-0$ (Versions 4 and 5}. RECOMMENDATION Recommend Commission discretion regarding Ordinance No. 09-0$ (Version 4 and Version 5} on second and final reading. 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 28, 2008 SUBJECT: AGENDA STEM 10 F -REGULAR C©MMI55ION MEETING tJF SEPTEMBER 3 2008 D - ITEM BEFORE COMMISSI{}N The item before the City Commission is aCity-initiated amendment to LDR Sections 4.5.1 to provide criteria and a method for the removal from, or expansion of, an historic district, as well as a procedure for the reclassification of contributing and non-contributing properties within a historic district, pursuant to LDR Section 2.4.5(M). The subject amendments were initially in response to concerns raised by City residents that new development both immediately adjacent to and within the Marina Historic District has either removed or significantly impacted the historic integrity of the 300 block of SE 7th Avenue. Therefore, the City Commission requested that Staff look into preparing an Ordinance which would allow areas to be removed from existing historic districts. At the workshop meeting of February 12, 2008, the City Commission discussed two (2~ versions of the subject ordinance. After the workshop, a third version was introduced by the City Attorney's Office as an additional option. The three versions were reviewed by the required advisory boards. The Planning and Zoning Board considered this request at their April 21, 2008 meeting and made a recommendation to support "Version 2" with further revisions. Those revisions were incorporated to create Version 4 of the Ordinance. Additional changes were made by Staff to provide for the change of classification with respect to contributing and non-contributing structures, and these additional revisions were incorporated into Version 5. At the City Commission workshop of July 8, 2008, both Versions 4 and 5 were reviewed, At this time the Commission directed Staff to take these versions back for review and recommendations by each of the advisory boards. In summary, the two versions were very similar; however, they differ in that "Version 4" refers to the process as "Redefining Boundaries of Historic Districts", while "Version S" refers to "Criteria far Removal from or Expansion of a Historic District" "Version 5" includes an additional process termed "Criteria for Change of Historic Classification" which is further explained and analyzed in the attached Planning and Zoning Board Staff Report. It should be noted that the removal of a historic designation is only available for properties http://www,mydelraybeach.com/Agendas/Bluesheet.aspx?ItemID=1420&MeetingID=151[9/9J2008 9:48:15 AM] within a district that touch the edge of the boundary of the historic district as it existed at the time of original designation or that are part of a platted lot that touched the edge but was later subdivided. The designation for those eligible properties could then be removed solely because the historic integrity has been irreversibly lost due to inappropriate development in that part of the district, in accordance with the procedures in the LDRs. A complete summary of the changes is included in the attached Planning and Zoning Staff report. REVIEW BY C-THERS The Historic Preservation Board {HPB) considered the subject amendments at their August 6, 2008 meeting, where they recommended approval of Version 5. The Pineapple Grove Main Street committee considered the subject amendments at their meeting of August 6, 2008, where they recommended approval of Version 5. The Downtown Development Authority {DDA) considered the subject amendments at their meeting of August 11, 2008 meeting, where they recommended approval of Version 5. The West Atlantic Redevelopment Coalition {WARC) considered the subject amendments at their meeting August 13, 2008 meeting, where they recommended approval of Version 5. The Community Redevelopment Agency {CRA) considered the subject amendments at their August 14, 2008 meeting, where they recommended approval of Version 5. The Planning and Zoning Board considered the subject amendments at their August 1$, 2008 meeting, where they recommended approval of Version 5. By motion, approve on first reading C}rdinance No. 09-08, Version 5, for City-initiated amendments to the Land Development Regulations, which provide criteria and a method for the removal from, or expansion of, a historic district, as well as a procedure for the reclassification of contributing and non-contributing properties within a historic district, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land development Regulations. http;//www.mydelraybeach.comJAgendas/Bluesheet.aspx?ItemID=1420&MeetingID=151j9J9/2008 9:48:15 AMA 4~~t~8 4129/08 VERSIC}N 4 ORDINANCE NO, 09-Q8 (alt # 6) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,, AMENDING THE LAND DEVELOPMENT REGULATIONS BY PENDING ARTICLE 4.5, "OVET:LAY AND EZ\IVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5,1, 'I~STORIC PRESERVATION SITES A,ND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.].{~~, "CRITERIA FOR REDEFINING BOUND~?S:IES OF HISTORIC DISTRICTS", AND A NEW SUBSECTION 4.5.1{O), "PROCEDLII2ES FOR REDEFII\TING BOL~JDARIES OF HISTORIC DISTRICTS", TN ORDER TO PROVIDE CRITERIA AND A METHOD FOR INCREASING ANDJOR REDUCING HISTORIC DISTRICT BOI;~`~TDARIES; PROVIDING A SAVING C:L,AUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 18, 2t10$ and voted 0 to 4 to recorrunand that the changes be approved; and WFIEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zon:'~ng Board, sitting as the Local Planriirrg Agency, has c~ternvned that the change is consistent with and fiarthers the goals, objectives and policies of the Corrlpx~ehensive Plan; and WHEREAS, tl1e City Commission of the City of Delray Beach adopts the findings in the Pl~~nnu~g and Z~ Staff Report; and V'JHE RE AS, the City Commitian of the City of Delray Beach finds the ordinance is consistent wlth the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY "I"11E CITY CO1~tMISSION OF TI-IE CITY OF DELT:AY BEACH, FLORIDA,, AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental I~tfanagement Di~rtricts", Section 4,5.1, "F£istoric Presezvation Sites and Districts", Subsections 4.5.1{I\T}, "Criteria for Re+:~~firung Boundaries of I~~storic Districts" and 4.5.1{O), "Procechu~es for Redefining Boundaries of Historic Districts", of the Land Developrx~nt Regulations of the City of Delray Beach, Florida, be, and the sarr~ is hereby enacted to read as follows: fN} Criteria for Redefining $oundaries of Historic Districts• ~1 } A survey of all historic districts rnay be conducted by the ~;'ity every five (5} ,(a} If a Trl:~awner within. the dart of the district seeking to x~e the boundaries determines that they want to retain the historic designation for their Rra_~~x then they ma~a~~ly to individualla~T designate their 4.5.1(11~f3}}. ~3~ If a survey reveals that a historic district should e;~and its boundary lines due to the increase in stauctures deemed to be contributing then that historic district may redefine its boundaries to include the adjacent contributing structures in accordance with the procedures in LDR Section 4.5.1(0). (O} Procedures far Redefining Boundaries of Historic Districts. (1L_Alications far rede:Finin~ bounc~ries of an historic district shall be made to the I Iistozic Preservation Board on an a~alicatian form developed and a~~roved by the Board 1. The P~i~toric Potion Board at any tirz~ sa long as a City initiated survey has been consulted that v,~ ~erforn~ecl within five (5~ years ar less; 2. The City Corruniss7an at any t%rz~ sa long as a Citesinitiated survey has been consulted that was ~erfomied within five f5} tears or less: or ORD. N0.09-Q8 reduced to reflect the removal in accordance with the procedures in LDR Section 4.5.110}. contnbuting structure within a historic district but does not qualify for 3. An own s of ies within a historic district as lop as a If an owners o) f designated ~ro~ert~(ies seeks to redefine the boundaries of a historic district, then thev shall provide: i ~hotogranhs and addresses of all ~ro~erties that will be either removed from or added to the historic district and ii. signatures of seventhfive percent (75%) of the nro~ert~ owners that are located in the area that will be removed from or added to the historic district. (2) The Planning and Zoning Director or his/her designee shall conduct a provided in Sections 4.5.1~N,Z(2) and 4.5.1(Nl(3). The Planning and Zoning Director or his/her designee shall then ~re~are a report which shall contain the following: ~a) Proposed revised legal boundaries of the historic district; (b) Analysis of the historic significance and character of the ~ro~ert~ies) to be added or subtracted from the historic district. (c) A staff recommendation as to whether or not the boundaries should be (3) Upon completion and formal review of the report, a public hearin sg hall be ~ro~erties to be added or subtracted at least ten (10Lv5 prior to the hearing b~ regular mail. Additional notice shall be given in the same manner as provided for a rezoning action [see Section 2.4.28)C11fb11 and by notice published in the newsnaner at least ten C10) davs prior to ~4) After conducting the public hearing if the Historic Preservation Board finds that the a~lication to redefine the boundaries fulfills the ~ro~er criteria to add or subtract ORD. N0.09-08 to an increase in contributing structures acl~ acent to the district. properties and all proce+~tzres have been followed correctly it shall vote on the recomrr~ldation to incmEase or reduce the bornndary lines of the historic district, A ~ority of the entire Board Section 2. That should any section ar provision of this ordinance or any portion thereof, any paragraph, sentence, ar ward be declrl by a court of content jurisdiction to be invalid, such decision shall. not affect the validity of tl~e r~~xnaindex hereof as a whale or part thereof other Haan the part deelC~red to be invalid Section 3. That all or~~inances or p of orduu~~ces in conflict herewith be, and the same are hereby r~~~ealed Section 4. That this ordinance ~ becorr~ effective urymediately upon its pas:~age on second and firSal reading. P~?~SSED AND ADOPTED in r4:~;ular session on second and final readiing on this the day of . 2008. ATTEST City Clerl~ First Reading Second Rea MAYOR 4 ORD. NO, 09-08 apprc'val shall require a slmer ma~oritvvote of four (4, votes. 4~t-~98 4~9,~8 5/28108 VERSION 5 ORDINANCE NO.49-08 {alt # 7} AN ORDINANCE OF THE QTY COMNIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, .P-IVIENDING THE LAND DEVELOPMENT REGULATIONS BY ~-It,~NDING ARTICLE 4.5, "OVERLAY ACID ENVIRORII~~IENTAL 1~~lANAGEMENT DISTRICTS", SECTION 4.5.1, 'I-11STORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.1{~~}, "CT~ITERIA FOR CI-Ir~1GE OF HISTORIC DESIGNATION AND~OR CLASSIFICATION", ~~ A NEW SUBSECTION 4.5.1{O}, "PROCEDLJI2ES FOR ~TIANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", IN ORDER TO PROVIDE ~TITERIA AND A METHOD FOR A C:ECANGE OF HISTORIC DESIGNATION AND JOR CLASSIFICATION; PROVIDING A SAVING CLAUSE, A GENEZ~;AL REPE~~]~ER CLAUSE A~JD AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.b, the Planning and Zoriu~g Board reviewed the proposed text a~mendn~ent at a public hearing held on Au~~t 1$, 2048 and voted 4 to 0 to recornrnend tfiat the changes be approved; and WHEREAS, pursuant to Florida Statute 1b3.3174{4}{c), the Pl~~rrning and Zoni~lg Board, sitting as tf-e Laval PIC~ruvng Agency, :has determined that the change is consistent with and furthers the goals, objectives and policies of tl Comprehensive F`Ian; and U~I~EREAS, the City Connrrussion of the City of Delray Beach adopts the findings in the PIG~rtrring and Zorti`ng Staff Report; and V'JI~REAS, the City Comrni~~ion of the City of Delray Beach finds the ors~e is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COI~~SSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~tian 1. That Article ~.5, "Overlay and Environcx~ntal Ii~lanagera~ent Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1{I~}, "Criteria for Redefining Botmck~ries of Historic Districts" and 4.5.1{O}, "Procedures far Redefining Boundaries of Historic Districts", of the Land DevelaE~nent Regulations of the City of Delray Beach, Florida, be, and the same is hereby enacted to read as follows: ~itl} Criteria for Change of Historic Designation andlor Classification; andlor cl~sification of prapet~ies located within or irnrrx~diatel~'acerrt to a des%gnated historic district. a Criteria for Removal from a Historic District: If a curve reveals that district or tfrat was once Part of a Platted lot that touched the edge but l1~as since been subdivic~d has had its historic int irrevexsibl contPrortnsed due to ina~ProPriate c~veloPtr~nt as determined by the the removal in accordance with LDR Section 4.5.1{O}. designation for their .P%~aert~ , then they may aiy to individually designate their ProPert;~Pursuant to LDR Sections 4.5.1 ~ and ~C~a ProP' has received a tax exemption Pursuant to LDR Section 4.5.1(NIl as a contributing structure witlli~ a historic di~~ict but does not c~~~lify for individual removed until the tax exentP#.ion expires Pursuant to LDR Section 4.5.1(M~f3). Criteria for Change of Historic Classification: If a City initiated survey conducted within the last five ~L~ reveals that a ProPe:rt~.' within a historic district should be recl~~,sified as either contributing or non contributing then the e~fication may be revised in accordance with LDR Section 4.5.1(O~ and shall be determined as follows: 1. The survey recommends the inclusion of an additional "Period of Significance", which would recl~~~Perties from non- contn'bating to contf~uting, or; 2. The survey recorrnnends that a ProPe~cty or Pro~'sties have been contribtttin~. structures ckemed to be contnbuting then that historic distzact may ORD. l~lfl. 09-08 created to incorporate those identified ,roes in accordance with LDR Section 4.5.1fC). (O) Procedures for Change of Historic Designation andlor Classification. ~l) Procedures for Removal from or Expansion of a Historic District: A~fications shall be made to the l~[istoric Preservation Board and n~be initiated b~written reciuest of: ~) The Historic Preservation Board based upon the zjecommendatior~ of a survey completed within five (5~~eazs Prior to the alication; fib,) The City Commission ba<aed upon the recommendations of a survey completed within five ~~~ prior to the ~lication, ar 2. signatures of at least seventhfive percent (75°lQ} of the pra~erty owners that are located in the area that wall be removed from or added to the historic district. request of: (a) The Historic Preservation Board based ulaon the recarrrrnendations of a Cityinitiated survey completed within five (5) ,~~a sots prior to the a~lication or fib) The City Commission ba`;ed upon the recommeildatior~ of a City initiated survey completed within five l5Zyears Prior to the a~lication• ar months Prior to the a~lication. A~lications submitted b~ Pro~aerty owners slf~all include; ORD. NO, 09-08 . ~a~C~~ of Historic Desi~ n: 1. Pra~osed rf~vised legal boundaries of the historic district; 3. A staff recomrr~ldation as to whether or not the ~roties should be removed due to irreversible loss of historic integcit~ as a result of historic district due to an increase in contributing structures adjacent to the di~ftrict. ,~~ C~~ange of FC2storic ~~issification: 1. Analysis of the ~ro~erties to be reclassified: and 2. A staff recommendation as to whether or not the goes should be recla~ied due to either. a loss of historic integrity as a result of irreversible alterations to a contributing~ro~ert~,, or b. inclusion of an additional "Period of Si,g'tificance" .Per the survey recomn~ndations. ORI~, NC'}. 09-118 ~,) After conducting the public hearing if the l~[istoric Preservation Board finds that the application fulfills the proper criteria and all procedures have been followed- cormctl~ it shall vote on the recordation A maj ority of the entire of the properl:~ king a cJ~ange of historic designation andlor cl~~~ification objects, the City Commission approval sly recatri~.~e a super majority vote of four j4) votes. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be c~clared 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 tr~ereof other than the part decl~~recl to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and tf~e same are hereby n~pealed Section ~, That tlvs or{~inance shall become effective immediately upon its passage on second and fiinal reading PASSED AND ADOPTED in regular soon on second and f7ir~a]. reading on this the day of 20Q8. ATTEST MAYO R City Clerk 1~irst Rea ' Second Rea ' 5 ORD. N0.09-08 shall. consider the recomn~~dation of the pisstoric Preservation Board through PLANNING AND ZONING Bt3ARD MEMORANDUM STAFF REPtJRT MEETING OF: AUGUST 2Q, 2008 AGENDA NO: IV.G. ITEM: CITY INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, `HISTORIC PRESERVATION SITES AND DISTRICTS", ENACTING A NEW SUBSECTION 4.5.1{N}, "CRITERIA FOR CHANGE OF HISTORIC DESIGNATION ANDIOR CLASSIFICATION", AND A NEW SUBSECTION 4.5.1{O}, "PROCEDURES FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR A CHANGE OF HISTORIC DESIGNATION AND1OR CLASSIFICATION. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding City- initiated amendments to LDR Section 4.5.1 as detailed in the above caption. These amendments provide criteria and a method for the removal from, ar expansion of, a historic district, as well as a procedure far the reclassification of contributing and non-contributing properties within a historic district. 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. BACKGROUND The subject amendments were initially in response to concerns raised by City residents that new development bath immediately adjacent to and within the Marina Historic District has either removed or significantly impacted the historic integrity of the 300 block of SE 7~' Avenue. Therefore, the City Commission requested Staff to look into preparing an t~rdinance which would allow areas to be removed from existing historic districts. Following the City Commission Workshop of February 12, 2008, the City Commission discussed two {2} versions of the subject ordinance and a third version was provided as an additional option. The three versions were reviewed by the required advisory boards who recommended the following: • At its meeting of April 2, 2008, the Historic Preservation Board (HPB) recommended the Planning and Zoning Deparkment Staff move forward with the resurvey of the Marina Historic District, review the resurvey results, and consider an overlay district as an alternative to removal of designation, utilizing "Version 2" as a guide. • The Pineapple Grove Main Street committee, Downtown Development Authority fDDA) West Atlantic Redevelopment Coalition ~L'VARC), and the Cammunit Redevelo ment A enc ~CRA} recommended "Version 2" which allows the submittal of an application for removal from a historic district, based upon recommendations from a survey of an historic district, • At its meeting of Apri121, 2008, the Piannina and Zoning Board considered the three versions, and recommended approval of "Version 2" with the following revisions: Planning and Zoning Board Meeting August 18, 2008 Ordinance 09-08 1. Change "Removal" to "Redefining Boundaries for Historic Districts" in order to provide a criteria and a method for removing andlor adding properties fromtto a historic district; 2. Require the City to conduct a survey of the historic districts every five years; 3. Require owners who initiate the process to use a City initiated survey within 12 months of its completion; 4. Permit the City Commission and HPB to initiate the process within five years of a completed survey; 5. Require signatures of at least 75°I° of property owners located in the affected area. Fallowing the Planning and Zoning Board recommendation, those suggested revisions were incorporated to create "Version 4".. "Version 4" was further refined to create Version 5 which included additional language to provide for the reclassification of contributing or non-contributing properties relating to modifying "Periods of Significance". Each version is described and analyzed below, and a detailed outline is provided in Appendix A. At the City Commission workshop of Juiy 8, 2©©8, both Versions 4 and ~ were reviewed. At this time the Commission directed Staff to take these versions back for review and recommendations by each of the advisory boards. Version 4 and Version 5 of Ordinance {Q9-08} are now before the Board for recommendation to the City Commission. CDR TEXT'AMENE}h~ENT DESGI~IP.TIUN AND ANALYSIS The two versions to be compared and considered are very similar; however, they differ in that "Version 4" refers to the process as "Redefining Boundaries of Historic Districts", while "Version 5" refers to "Criteria for Removal from or Expansion of a Historic District". "Version 5" includes an additional process termed "Criteria for Change of Historic Classification" which is further explained and analyzed below. It should be noted that the removal of a historic designation is only eligible for properties within a district that touch the edge of the boundary of the historic district as it existed at the time of original designation or that are part of a platted lot that touched the edge but was later subdivided. The designation for those eligible properties could then be removed safely because the historic integrity has been irreversibly lost due to inappropriate development in that part of the district, in accordance with the procedures in the LDRs {contained within the attached Ordinances}. Both versions also permit the HPB and City Commission to apply far the removal from or addition into the historic district within five years of aCity-initiated historic district survey. Any property owner(s) may apply for either process within twelve months of the City-initiated survey. An application by ,a property owner would also require the submittal of addresses and photographs of those properties to be removed or added in addition to the signatures of seventy-five percent (75%) of the property owners within the area. The previous versions specified the qualifications of the consultant to perform the survey such as experience and expertise in South Florida architectural and developmental history. However, these specifications have been omitted as they are included within the City RFP (Request for Proposals} for all surveys and/or resurveys. The procedures require review by the Historic Preservation Board and a majority vote by the City Commission. However, if a property owner within 5QQ' of a property to be removed or added objects, then a super majority of four (4} votes will be required. These procedures are the same as those followed for the initial designation of any historic districts andlor site. 2 Planning and Zoning Board Meeting August 18, 2008 Ordinance 09-08 In addition to the above, "Version 5,: outlines criteria to change the classification far a property within an existing historic district. A survey of a contributing property may recommend a reclassification to non-contributing if there have been significant alterations which have carripromised its historic integrity. In addition, a survey may recommend the inclusion of an additional "Period of Significance" which would likely reclassify properties from non-contributing to contributing. The term "Period of Significance" refers to a specific timeframe in history with its own importance and special characteristics with respect to architectural styles, cultural influences, people, etc. Contributing properties would relate to the specified period of significance identified in a survey report. In both cases referenced above, the public hearing procedures as discussed above would be followed. While the differences are minor between the two versions under review, Staff would recommend that "Version 5" be supported. ~~~ ~' REQUIRED'FINDINGS LDR Sec#ion 2.4.5(M)15) (Findings): Pursuant to LDR Section 2.4.5{M}{5} {Findings}, in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text 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: 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 shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation ©rdinance and the following policies: Future Land Use Policv A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district ar 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 Policv A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions far 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 provision of historic preservatr`on by redevelopment. However, the subject Ordinance has been created to address the impact of redevelopment ~locafed both within and immediately adjacent fo a historic district) which may have significanfly impacted the historic integrr"ty of properties located within an' historic district. With the recent amendments to the historic district review regulatr`ons, future incompatibilities should be minimized. Further, if incompatible areas of a district are allowed to be removed, the remaining district will strengthen. Therefore, positive findings can be made that these proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of fhe Comprehensive Alan Future Land Use Element. 3 Planning and Zoning Board Meeting August 18, 2Q08 ©rdinance 09-08 HOUSING ELEMENT: GOAL AREA "A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY PRESERVING EXISTING STABLE NEIGHBORHOODS, STABILIZING AND ENHANCING NEIGHBORHOODS THAT ARE IN TRANSITION, AND RESTORING AND REHABILITATING NEIGHBORHOODS THAT HAVE DECLINED. Housing Element Objective A-10 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 Policv A-10.1 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. Housing Element Policv A-10.2 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 structures. 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 Chase described in the following policies. .Housing Element Policy A-12.4 The City will provide planning and technical assistance to implement neighborhood-supporked 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 LL?R amendments comply with the Housing Element in that they will stabilize and enhance existing historic neighborhoods with the removal t~f areas that have lost their historic integrify. Therefore, pt~sitive findings can be made that fhe proposed LL?R text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan Housing Element. Coastal Management Element Policv 8-2.1 The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C-1 for the specific implementation program. Coastal Management Element Policv 8-2.2 Individual historic structures shall continue to be designated pursuant to the City's Historic Preservation Ordinance. Coastal Management Element Objective 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. 'fhe 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 parkion of the Marina District nearest Atlantic Avenue shall be developed with the active participation of bath the Historic Preservation Board and the Community Redevelopment Agency. 4 Planning and Zoning Board Meeting August 18, 2flfl8 Ordinance fl9-fl8 Coastal Management Element Policy 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 Element of the Comprehensive Plan in fhaf they are sensitive and in fact provide mechanisms fo strengthen the fwo designated historic districts within Phis area: Nassau Street and Marina. Therefore, positive findings can be made fhaf the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan Coastal Managemenf Element, ASSESSMENT The Comprehensive Plan calls for the preservation of historic resources, the rehabilitation of historically significant housing, and the promotion of historic designations as a revitalization tool. Further, the Plan calls for Staff assistance in implementing neighborhood supported initiatives aimed at preserving the character of existing residential areas. The proposed amendments achieve the aforementioned goals and policies by removing or adding development from the historic district designation white strengthening those remaining and qualifying properties. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. REVIEW BY t3THERS The Community Redevelopment Agency {GRA) considered the subject amendments at their July 24, 2008 meeting. Upon discussion of the subject amendments, the board members requested additional time to review the amendments. Upon further consideration at the meeting of August 14, 2008, a recommendation to support Version 5 was made. The Historic Preservation Board (HPB} considered the subject amendments at their August 6, 2008 meeting, where a recommendation to support Version 5 was made. The Pineapple Grove Main Street committee considered the subject amendments at their meeting of August 6, 2008, where a recommendation to support Version 5 was made. The Downtown Development Authority (DDA} considered the subject amendments at their meeting of August 11, 2008 meeting, where a recommendation to support Version 5 was made. The West Atlantic Redevelopment Coalition (WARD) considered the subject amendments at their meeting August 93, 2008 meeting, where a recommendation to support Version 5 was made. First Reading by the Gity Commission is anticipated for the regular meeting of Wednesday, September 3, 2008, with Second Reading to occur at the Gity Gommission meeting of Tuesday, September 96, 2008. Letters of objection and support, if any, will be presented at the meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the Gity Gommission of the amendments to the Land Development Regulations (LDRs) of either Version 4 or Version 5, by adopting the findings of fact 5 Planning and Zoning Board Meeting August 18, 2008 ©rdinance 09-0$ 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) of either Version 4 or Version 5, 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 phrased in the affirmative. See above.) REC{?MMENDATION Move a recommendation of approval of to the City Commission of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 09-08, Version 5, by adopting the findings of fact and law contained in the staff report and finding that the reques# is consistent with the Comprehensive Plan. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: • Appendix A -Ordinance 09-08, Version 4 and 5 Outline * Proposed LDR Amendment Ordinance 09-08 -Version 4 • Proposed LDR Amendment Ordinance 09-08 -Version 5 I--. .~_ ~. - _ _. __ . ~.....,.._, _.. Planning and Zoning Board Meeting August 18, 2QD$ t}rdinance 09-08 A"PPENDIX A -~ Version 4 - "Redefining Boundaries for Historic Districts" Revised Version 2 according to recommendations by Planning and Zoning Board A. Criteria 1. If a survey reveals that a part of a historic district that touches the edge of the boundary of the historic district as it existed at the time of anginal designation of that district or that was once part of a platted lot that touched the edge but has been subdivided and has had its historic integrity irreversibly compromised due to inappropriate development, then the offending part of the district may be removed and the boundary lines of the historic district reduced to reflect the removal. 2. If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing, then that histaric district may redefine its boundaries to include the adjacent contributing structures. B. Removal Initiated By 1. Written Request of Property Owners within 12 months of completed City-initiated survey. 2. Historic Preservation Board dependant upon survey within last 5 years. 3. City Commission dependant upon survey within last 5 years. G. Documentation Required with Property Owner Application 1. Photographs and addresses of those properties to be removed or added 2. Signatures of 75°l0 of property owners to be removed or added. D. Public Hearing 1. HPB provides recommendation to Gity Commission 2. City Commission requires majority, unless a property owner within 500' objects, then a _supermajority_is required. 7 Planning and Zoning Board Meeting August 18, 20{l8 Ordinance 09-08 APPENDIX A Continued;., Version 5 - "Change of Historic designation andlor Classification" Revised Version 2 incorporating the Planning and Zoning Board's recommendations, and adding "Change of Historic Classification". A. Criteria 1. Removal from a Historic District: If a survey reveals that a part of a historic district that touches the edge of the boundary of the historic district as it existed at the time of original designation of that district or that was once part of a platted fot that touched the edge but has since been subdivided has had its historic integrity irreversibly compromised due to inappropriate development, then the offending part of the district may be removed and the boundary lines of the historic district revised to reflect the removal 2. Change of Historic Classification: If aCity-initiated survey conducted within the last five {5) years reveals that a property within a historic district should be reclassified as either contributing or non-contributing, then the classification may be revised. a. The survey recommends the inclusion of an additional "Period of Significance", which could reclassify properties from non-contributing to contributing, or; b, The survey recommends that a property or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic integrity of the structure, which could reclassify the structure from contributing to nan- contributing. 3. Expansion of a Historic District; If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing, then that historic district may redefine its boundaries to include the adjacent contributing structures, or a new historic district may be created to incorporate those identified properties. B. Initiated By Removal from or Expansion into; a. Property Owners within 12 months of completed City-initiated survey. b. Historic Preservation Board or City Commission dependant upon surrey within last 5 years, 2. Chance of Historic Classification; a. Property Owners within 12 months of completed City-initiated survey. b. Historic Preservation Board or City Commission within 5 years of completed City- initiated survey. C. C3ocumentation Required with Property Owner Application 1. Photographs and addresses of those properties to be removed, added, or reclassified. 2, Signatures of 75°fo of property owners to be removed, added, or reclassified. D. Public Hearing 1. HPB provides recommendation to City Commission. 2. City Commission requires majority, unless a property owner within 504' objects, then a supermajority is required. 8