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Ord 23-09ORDINANCE NO. 23-09 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 ARTICLE 2.2, "ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS", SECTIONS 2.2.6, "THE HISTORIC PRESERVATION BOARD", 2.4,3, "SUBMISSION REQUIREMENTS", 2.4.4, "GENERAL PROCEDURES PERTAINING TQ APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS" 2.4.5, "PROCEDURES FOR OBTAINING DEVELOPMENT APPROVALS"; TO PROVIDE MASTER DEVELOPMENT PLAN APPROVAL AUTHORITY TO THE HISTORIC PRESERVATION BOARD; 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 April 20, 2009 and voted 6 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 Comtx~ission 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: ection 1. That the recitations set forth above are incorporated herein. Section 2. That Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", Section 2.2.6, "'The Historic Preservation Board", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.2.6 The Historic Preservation Board: (A} Creation: A Historic Preservation Board for the Ciry of Dekay Beach is hereby created The purpose of this Board is to foster and promote the recognition, protection, enhancement and use of historic resources in the City of Delray Beach and to have a lay body which shall have authority to act on matters pertiaining to historic preservation. (B} Corn~osition and Special ualifica 'ans: {1} The Historic Preservation Board shall consist of seven members, {2} Each of five seats on the Board must be filled with either an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. The appointing body shall endeavor to appoint as may disciplines as possible to the Board, Lay persons of knowledge, experience and judgment who have an interest in historic preservation shall make up the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. (C) Meetings and uorurn: (1) The Historic Preservation Board shall hold at least one regularly scheduled business meeting each month and it shaIl be held in the evening hours. {2) Four members of the Board shall constitute a quorum. {3} An application for a Certificate of Appropriateness shall be approved by a majority of the members present and voting. (D) Duties, Powers, and Res~ansibilities: (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 more accurate the survey as additional documents, information, oral histories, and other such materials may become available, and it wi]l 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 maintaining this survey. (2} Nominate properties for 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 regulations and rules drafted pursuant hereto by the National Park Service and the State Bureau of 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}{8} with regard to height, width, mass, scale, far~ade, openings, rhytlun, material, color, texture, roof shape, direction, and other criteria set forth in Section 4.5.1. Act as a regulatory body to approve, deny,, or modify a Master Development Plan. {§} ~ Make recommendations concerning land development code amendments to the Planning and Zoning Board, and concerning building code amendments to the Chief Building Qfficial, as they apply to Historic structures and districts. {{~} .(~ 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 far properties designated as historic sites, within designated historic districts ar 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.~{B)]. Any appeal from the approval ar denial of a variance by the Historic Preservation Board shall be directly to the City Commission. {-~}.~ Develop, establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for all properties which are Individually Designated and~or located witlzis~ 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. {~.{~.Make recommendations to the Commission about facade easements, the imposition of other restrictions, and the negotiation of contracts far the purposes of historic preservation. {9-}Increase public awareness of the value of historic preservation by developing, conducting, and participating in public education programs. ~I-9} 11 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. X1-3-} 12 Evaluate, comment upon, and make recommendations to the Commission concerning the deliberations and decisions of other public agencies affecting the physical development 3 CtRD. N{~. 23-09 and appearance of historically and aesthetically significant archaeological sites, historic sites, and historic districts. 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. ~~} ~,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, ar bequest of any funding, property, or interest in property to further the purposes of historic and heritage conservation and preservation. {-~4} ~15~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. {~-~} ,( 6~Create and approve standardized historic markers and plaques and issue recognition to designated historic sites and historic districts within the City. {~Er 17 Advise the Commission on all matters related to the use, administration, and maintenance of city-owned designated historic sites and historic districts. f ~ 1$ Execute any other functions which may be approved by ordinance or resolution of the Camnussian. {4-8} j~,Demonstxate 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. {-1-9-} 2~0 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. ecti n 3. That .Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", Section 2.4.3, "Submission Requirements", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. 4 C-RD. NC}. 23-Q9 (1) Devele~ment Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. (a) Comprehensive Plan Amendment $ 2,500 (b) Review of a ADA/DRI $ 3,640 Modification of a DRI $ 1;215 (c) Voluntary Annexation with Zoning $ 1,105 (4) (d) Rezoning of Land $ ~ 2,000 {e) Modification of a SAD Ordinance to add a use or uses $ 2,000 {f) Conditional Uses, New Application $ 1,500 Modification requiring Board Review $ 610 {g) Master Development Plans $ 1,215 {1) Master Development Plan Modification (5) {h) Formal review of a Sketch Plan [Section 2.4.1(B)] $ 610 (i) Similarity of Use $ 305 (j) Site Plan Review: Class I {Non-Impacting Modification) $ 110 Class II {Non-Impacting with Board Review)$ 225 Class III (1Vlinor Modification) $ 550 (1) Class IV (Major Modification) $ 915 {1) Class V {New Submission) $ 1,215 (1) (k) Extension requests for a previous conditional use, site plan or master development plan (12) Class I Site Plan Modification $ 55 Class II Site Plan Modification $ 115 Class III Site Plan Modification $ 275 Class IV Site Plan Modification $ 430 Class V Site Plan $ 610 Master Development Plan $ 1,215 Master Development Plan modification $ ~~ Conditional Use $ 750 5 ORD. NO.23-09 Conditional Use Modification $ 30S Certificate of Appropriateness for Minor Development $ 30 Certificate of Appropriateness for Major Development $ 280 {1) Plats Minor Subdivision $ 915 {1} Major Subdivision $ 1,825 (1) Plat Recording Fee (3} (m} Abandonments Right-of=way $ 750 General Easements $ 370 Specific Easements $ 185 {n} Master Sign Pragrarn $ 150 (o) Variances Board of Adjustment $ 500 Historic Preservation Board $ 250 {p} Formal interpretation by the Board of Adjustment $ ~0 (per item} $ 60 (q) Certificate of Appropriateness by Board (14) Minor Development $ 60 (2) Major Development $ 555 (1} (r) Certificate of Appropriateness by Staff $ 0 (13) (s) Request for Historic Designation $ GO {per proper ty) Request for Change of Historic Designation or Classification $ GO (per proper ty} (t) Hearing before the Board of Adjustment $ C~0 (per item) $ 60 (u) Temporary Use Request involving City 6 ORD. NtJ. 23-09 I Conunission Action $ 130 (v) Water Service Agreement Request - - without concurrent site plan $ 130 - - with concurrent site plan $ 0 {w) Land Development Regulations Text Change $ 1,500 (x) Waivers and Internal Adjustments $130 per request (6) $250 per request (7) (y} Appeals by Applicant $ 335 (8) (z) Advertising {9} {aa) Zoning Verification Letter $ 120 (bb) North Beach jSeagate and Ocean Neighborhood $ 1,560 {1) Qverlay District Review (cc) Application Fee for In-Lieu Of and Public Parking Fee $ 225 {10) Requests (dd} Ad Valorem Tax Exemption {Review Concurrent with CC~A Review) $ 0 Ad Valorem Tax Exemption (Review after CC- received for approved development) $ 60 NOTES: (1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which may be applicable to the request. {3) $30,00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from time to time by Palm Beach County, payable to Palm Beach County. (4) Fee may be waived by the City Manager, for properties that have already been developed, or for sites under one {1) acre in size. {5) Same fee that would apply for site plan modification. 7 CARD. N0.23-0~ {6} For requests made during the site plan j master plan review process. {7} Far requests made subsequent to the site plan j master plan review process, ($} Includes appeals of both administrative decisions and Board actions. (9} The Applicant shall be responsible for all advertising fees including newspaper publications. The applicant shall provide pre-addressed envelopes with the required postage for mailed notices. If the required advertising fees are not paid at least four days (4} prior to the hearing, the presiding body, shall postpone action on the application until such fees are paid. In the event such postponement results in additional mailing or publication costs, the applicant shall be responsible for the additional fees. (10} If approved, this fee will be credited toward the associated site plan modification. (11} Recording fees of any documents shall be paid by the Applicant, {12} Two fees are required if both a Conditional Use and Site Plan or Site Plan Modification are being extended for one project. (13} There is no fee if the item is listed as an application permitted for Staff approval. (14} Certificates of Appropriateness not associated with a Site Plan, Site Plan Modification, and/or Conditional Use. Section 4. That Article 2,2, "Establishment of Boards Having Responsibilities for Land Development Regulations", Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (E} Expiration of Approvals: (1} Conditional Uses, Site Plans, Site Plan Modifications, Preliminary Subdivision Plats: ...All approval expiration dates far Conditional Use, Site Plan, Site Plan Modification, and Preliminary Subdivision Plat shall be determined as follows: {a} Approvals of Class IV and '~ Site Plans, Conditional Uses, and Major Conditional Use Modifications shall be valid for a period of twenty-four {24} months. Class I-III Site Plan Modifications and Minor Conditional Use Modifications to an approved and established project, shall be considered a new approval and have an additional twenty-four (24} month approval period. Class I-III Site Plan Modifications and Minor Conditional Use Modifications to an approved, yet unestablished project, shall be valid until the expiration date for the original Site Plan andjor Conditional Use approval. 8 ORD. N0.23-09 {2) Certificates of Ap~roPriateness: Certificates of Appropriateness approvals associated with a Site Plan, Site Plan Modification and/or Conditional Use application shall follow timelines provided in Section 2.4.4(E)(1}. All approval expiration dates for Certificates of Appropriateness not associated with a Site Plan, Site Plan Modification, or Conditional Use shall be determined as follows: (a) New Certificates of Appropriateness approvals or any revision as defined by Section 4.5.1 {E)(2} of an approved and established project shall be valid for a period of twenty-four (24) months. Any major revision, as defined by Section 4.5.1{E)(2}, of an approved, yet unestablished Certificate of Appropriateness, shall be considered a new approval and have an additional twenty-four {24) month approval period. Any minor revision, as defined by Section 4.5.1(E}(2), of an approved, yet unestablished Certificate of Appropriateness shall be valid for the original Certificate of Appropriateness approval period. 2.4.4(F). {3) Extensions of approved applications may be granted pursuant to LDR Section (4) R,~lief from Parking Requirements Waivers. Adjus ents: These approvals, associated with a specific development application, shall remain valid for the same period as said development application, do not run with the land, nor are they transferable to another development proposal. (5} Abandonments, Final Plats, Variances: {a) Once approved by the City Commission, the final plat must be recorded within eighteen (18} months. If the final plat is not recorded within eighteen {18} months, the approval expires. (t~) A final plat may be vacated by action of the City Cointnission jSee Section 2.4,5{L)~. {c) Abandonments, Final Plats, and Variances are final actions which run with the land. (~ Master Development Plans: Master Development Plans approved either by the Plannine and Zoning Board or the Historic Preservation Board shall be valid for a period of two {~. ors. Section 5. That Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", Section 2.4.5, "Procedures for Obtaixung Development Approvals", of the Land Development Regulations of the City of Dekay Beach, Florida, be and the same is hereby amended to read as follows: ORD. N0.23-09 {F} Site and I3eveloument and Master Develr~nment Plans (ME?P): {1) Rule: Site and development plans are divided into five {S} classifications. Class I -Class IV are modifications to site and development plans and are further described in Section 2.4,5{G). The Site Plan Review and Appearance Board, ar the Historic Preservation Board, as applicable, may approve, approve subject to conditions or deny a Class V site and development plan. A Class V Site and Development Plan is described as follows: {a) Class V: New application for development of vacant land, or for modification of a developed property when no valid site plan of record exists and which requires full review of Performance Standards found in Section 3.1.1. {2) Required Information: The following information must be presented in a site and development plan or a Master Development Plan submittal: * Standard Application Items pursuant to 2.4.3(A); * Standard Site Plan Items pursuant to 2.4.3(8), ~ Standard Landscaping flan Items pursuant to 2.4.3(C); ~ Preliminary Engtineering Plans pursuant to 2.4.3{D)• * Traffic Statement, Study, Report pursuant to 2.4.3{E}. * Standard Architectural Elevation Items pursuant to 2.4.3(G); {3} Procedure: A site and development plan shall be processed through the following sequence: (a} Receipt and certification as complete; {b} Consideration at a public meeting before the Plannuzg and Zoning Board, the Site Plan Review and Appearance $aard, or the Historic Preservation Board as appropriate, at which time action may be taken. (4) Conditions: Conditions may be imposed pursuant to Section 2.4.4(C). {5} Fin in~-s: In addition to provisions of Chapter Three, the approving body must make a finding that development of the property pursuant to the site plan will be compatible and 1 a oRD. No. 23-a~ harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. {6) Master Development Plans, Special Provisions: ~, A Master Development Plan {MDP) for pro_p~ty not located within a designated historic district and not located on an individually listed fro-Petty shall be approved by the Planning and Zoning Board. A MDP shall be the guide for any subsequent site plan or subdivision action. A site plan sha]1 be required for any phase or the entire area encompassed by a MDP. Individual site plans shall be processed pursuant to Section 2.4,5(G), (H), and (I) with approval authority of the Site Plan Review and Appearance Board. ,(fib A Master Development Plan jMDP, for property located within a designated historic district or on an individually listed property shall be approved bathe Historic Preservation Board. A MDP shall be the guide for any subsequent site elan, subdivision, andlor certificate of appropriateness. individual applications for which shall be ap rp~ owed by the Historic Preservation Board. Variances and waivers to the requirements of base district standards and supplemental district regulations, referred to herein, may be granted by the Planning and Zoning Board concurrent with approval of the Master Development Plan {MDP) without the requirement of a public hearing. ection 6. That should any section or provision of this ordinance ar any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall pat affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading. 11 CARD. I'~1C~. 23-09 PASSED AND ADOl'''TED in regular session on second and final reading on this the day of 2009. ATTEST MAYQR City Clerk First Reading Second Reading; l2 R.D. N0.23-09 MEMQRANDTJ~ TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 12, 2009 SLIBTEC'I", AGENDA ITEM -MEETING OF MAY 19, 2409 ORDINANCE NO, 23-09 ITEM BEFORE COMMISSION This ordinance is before Commission far second reading to consider aCity-initiated amendment to the Land Development Regulations (LDR), amending Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", Sections 2.2.6, "The Historic Preservation Board", 2.4.3, "Submission Requirements", 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications" 2.4.5, "Procedures for Obtaining Development Approvals"; to provide master development plan approval authority to the Historic Preservation Board, with associated fees and processes. BACI~+GROUND At the first reading on May 5, 2009 the Commission passed Ordinance No. 23-09. RECOMMENDATION Recommend approval of Ordinance hlo. 23-09 on second and final reading. MEMOP-ANI~LIM TO; Mayor and City Commissioners FROM: MARK MCD4M~TELL, AICP, ASST. DIRECTOR PLAZ~TI~ING A,~~D ZOI~TI]~1G THROUGH: CITY MANAGER DATE: April 29, 2009 SUBJECT: AGENDA ITEM 12.B. - REGULAR COAZMISSION MEETING OF MAY 5 2009 ORDINANCE NO, 23-09 ITEM BEFORE COMMISSION Consideration of achy-initiated amendment to the Land Development Regulations to provide Master Development Plan (MDP) approval authority to the Historic Preservation Board. BACKGROUND Master Development Plans are currently identified in the LDRs and are required in some zoning districts with exclusive review and approval authority given to the Planning and Zoning Board. Master Development Plans are the guide for any subsequent site plan or subdivision action. The amendment revises the LDRs to do the following: • Gives the HPB the authority to approve Master Development Plans for properties located within designated hist©ric districts or on individually historically listed properties; • Provides for a fee for the initial MDP and any subsequent modifications; • Provides for an approval duration period. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on April 20, 2008. The Board unanimously recommended approval on a 6 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, recommend approval on first reading of Ordinance No. 23-09 for achy-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M} ofthe Land Development Regulations. ORDINANCE N0.23-09 AN ORDINANCE OF THE CITY COIt%MSSION OF THE CITY OF DELRAY BEACH, FLORIDA, A~IVIENDING THE LAND DEVELOPIt!IENT REGULATIONS OF THE CITY OF DEL~RAY BEACH, FLORIDA, BY ~~~ENDING ARTICLE 2.2, "ESTABLISF~VIENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS", SECTIONS 2.2.6, "THE HISTORIC PRESERVATION BOARD", 2.4.3, "SUBMISSION REQUIREMENTS", 2.4.4, "GENERAL PROCEDLTFZES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS" 2.4.5, "PROCEDURES FOR OBTAINING DEVELOPMENT APPROVAZS"; TO PROVIDE R~'TER DEVELOPMENT PLAN APPROVAL AUTHORITY TO TIC HISTORIC PRESERVATION BOARD; PROVIDING A SAVING CLAUSE, A GENET;AL REPEALER CLAUSE, A~1D AN EFFECTIVE DATE. WHEREAS, pur~,~taar-t to LDR Section 1.1.6, the Planning and Zoning Board revie~d the proposed text arr~endment at a public hearing held an April. 20, 2009 and voted 6 to 0 to recommend that the clh~~nges be approved; and WHEREAS, purs<~~nt to Flaric~ Statute 163.3174(4)(c), the Planni~~tg and Zoning Board, sitting as the Local Pli~-~rdng Agency, has determ~d that the cl~~nge is consistent with and fiirthers 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 Pl~~r~izig 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 QTY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Lion 2. That Article 2.2, "Establishment of Boards Flr~~ing Responsibilities far Land DevelaT~ner~t Regulations", Section 2.2.6, "'The Historic Preservation Board", of the Land Development Re;~.ilations of the City of DelrayBeackr, Florida, be and the s~~me is hereby amended to Head as follows: Section 2.2.6 The Historic Preservation Board: (A) Creation: A F[istoric Preservation Board for the City of Delray Beach is hereby cheated The purpose of this Board is to faster and promote the recognition, protection, enhancement and use of historic resources in the City of Delray Beach and to have a lay body which shall have authority to act on matters pertaining to historic preservation. {B} Composition and Special 4ualifications: {1) The Historic Preservation Board shall cam of seven rnernbeis. (2} Each of five seats on the Board must be filled with either an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, architectural historian, pn~ervationist, land planner or interior designer. The appointing body shall endeavor to appoint as may disciplines as possible to the Board Lay persons of knowledge, experience and judgment who have an interest in historic preservation shall ntiike up the balance of the Board Preference should be given to professional. and lay persons who own property within historic districts or whale property rs individually listed in the Local Register of Historic Places. (C) Meetings and Quorum: {1) The F[istoric Pr~:rvation Board shall hold at least ors r~~;ularly scheduled business meting each month and it shall be held in the everting hours, (2) Four rnernbers of the Board ~ha11 constitute a quortmi. (3) An application for a Certificate of A~>propriateness shhall be approved by a majority of the members presE~-tt and votirt~ (D) Duties, Powers, and Responsibiliries: {1) Develop, maintain, and update a survey of archaeological sites, properties, buildings, structures, and districts of s)?t~ial historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the stu~vey as additional docurrx~tts, information, oral histories, and other such materials may became available, and it will. periodically reevaluate the survey. The Board will wt~rk with the City Historical Society, the State Bureau of Historic Prc.~;ervatian, and other appropriate public and nonprofit arl~>-tr. ti~~afions in maint<~zing this survey. {2) Nominate properties for designation, and r~}gulate such properties, stn.tcturc, buildings, sites, districts, and the like so designated as historic sites andlor historic districts. {3) Participate in the National R~'gister program to the gmatest posst~ble extent, as defined by the 1981 and subsequent amendments to the Historic Preservation Act of 1966 and 2 orzD. Na. x-09 n~;ulations and rules drafted pcusuarit hereto by the National Park Service and the State Bureau of Historic P<~6an (4) Act as a n~;ulatory body to a]aprove, deny, or modify certificates of appropriateness as specified in Section 2.4.6(H}, In addition to the Zoning District l~egutatior~s, the Historic Pre~;ervation Board shall apply the visual carr~patbility standards provided far in Section 4.5.1(E)(8) with regard to height, width, mass, scale, facade, openings, rhyi~ material, valor, texture, roof shape, direction, and other criteria set forth in Section 4.5.1. Act as a r~~3u~lator~ dy to approve, den, r~or mc~difv a It!laster Develop Plan. {~} .~ l~~~Ce recommendations corrceming land development code amendments to the Plarnrting and Zoning Board, and concerning building code amendments to the Chief Building C}fficial, as they apply to pfistoric matures and districts. {£~} ,~ Act in lieu of Board of Adjustment, The Pistoric F'retservation Board ~ act in lieu of the Berard of Adjustment and is empowered to grant variances from existing ordinances for properties designated as historic sites, within designated historic districts or listed on the Local Register of P[istoric Places. In addition, the Board is empored to grant variances from the sign Cade for those nonconfornvng sigc~s which existed at the Time of enactrr~ent of the sign code and relief to Section 4.6.16 through the waiver process [Section 2.4.7tB)]. Any alpl~~al from the approval. or c~nial of a variance by the Elistaric PrrTation Berard shall. be directly to City Cammissian. ~l~ Develop, establish, and ~~ guidelines concerning conteamparaneous architectural styles, colors, building materials, and so forth for all properties which are Individually Designated and/or located within historic districts. Such guidelines will be subject to review by the P]t~nning 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 Berard {$}~I~Take recomrrrerrdatiorrs to the Commission about facade easements, the imposition of other restrictions, and the negotiation of contracts for the purposes of historic preservation. {9} 10 Increase public awareness of the value of historic preservation by develop2ng. conducting, and participating in public education progcarns. {49} 11 I~~1aal4e recornmerrdations to the Commission concerning the use of gz from federal. and state agencies, and the use of City funds to promote the preservation and conservation of historically and aesthetically significant a~rchaealagical sites, historic sites, and historic districts. f t~} 12 Evaluate, comment upon, and make recomrnenc~tions to the Commission concerning the deliberations and decisions of other public agencies affecting the physical develoT~r~ent 3 QRD. NCJ, 23-09 and appearance of historically and aesthetically siS~ificant archaeological sites, historic sites, and historic districts. ~l-~} 1~ 3)Contact public and private o~zations, businesses, and individuals and endeavor to arran~~e agc~eements to help insure the conservation and preservation of historically and aau~thetically significant sites, buil~, stnicturE.~s, and districts for which lition or destruction is proposed {:~} 14 In the name of the City, and only with the express approval of the Commission, seek, apply for, solicit, receive, and upend any federal, state, or private grant, gift, or bad of any funding property, or interest in property to f~xrther the purposes of historic and heritage conservation and presc~rvatian {~4} Make recomrr~endations to the Cornmissior4 and by referral to the Planning and Zoning Board, to n~~ce historic preservation concepts an integral and ongoing part of all City planning and zoning codes, the City land use plan, and any comprehensive use plCrrulir~g x~equirc~cl by this state. {:t~} 1b Create and approve standardized historic markers and places and issue recognition to designated historic sites and historic districts within the City. (~&~1' ),Advise the Commission on all matters related to the use, admuvstration, and maintenance of city-ac~?r~d designated historic sites and historic districts. ~t~ 1$ Execuke any other fi~mctions which. ~r~ny be approved by ordinance or .resolution of the Commission {:!-~} 19 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, ~~}} 20 Develop and maintain a 1=listoric Preservation R~lanual for the City to help property owners fulfill the ri~;ulations and rE~c~airements of this section and the r~~;ulatians for historic preservation developed by the Historic Preservation Board and approval by the Commission Section 3. That Article 2.2, "Establifvment of Boards Having Responsibilities far Land Development Regulations", Section 2.4.3, "Submission Regtrirnrnents", of the Land Develo~rnent Reggulations of the City of Delray Beach, Florida, be and the same is he,~elay amended to read ~ follows: {K) Fees: Processing fees shall be colle~~ted for development applications. The fees shall be as establi;sh£~d herein and as modified by ordinance of the City Con:~mission 4 C}RD. NO.2;3-09 (1} Development Applications: The follo~+airt fees shs~ll. be charged for development applications. All fees are cumulative and s~~arate unless otherwise indicated. Coxrtksirted applications slhall provide multiple fees. (a} Comprehensive Plan Amendment $ 2,500 {b} Reviewof a ADAJDRI $ 3,640 Modification of a DRI $ 1,215 (c) VolutttaryArtnexation with Zaning $ 1,105 (4) (d} Rezoning of Land $ 2,000 (e} Modification of a SAD Ordinance to add a use ar uses $ 2,000 (f} Conditional Uses, New Application $ 1,500 Modification regtririrtg Board Review $ b10 (g} Iti!Iaster Development Plans $ 1,215 (1) Master Development Plan Modification (5) (h} Fartnal review of a Sketch Plan [Section 2.41(B)] $ 610 (i) Similarity of Use $ 305 {j) Site Plan Review Class I (Norrlmpac~ting Modification) $ 110 Class II (Non-Irrtpacting with Board Review)$ 225 Class III (1Vfinar Modification} $ 550 (1) Class IV (1-~5ajar Modification) $ 915 (1} Class V (New Submission) $ 1,215 (1) (k) Extension requests for a previous conditional use, site plant or xa~aster development plan (12) C:Lass I Site Plan Modification $ 55 C II Site Plan Modification $ 115 Gass III Site Plan Modificatian $ 275 Class IV Site Plan Modification $ 430 C~~ss V Site Plan $ 610 Master Development Plant $ 1,215 Master Development Plain modification ~ ~~ Conditional Use $ 750 5 ORD. NO.23-09 Conditional Use 1Vlodification $ 305 Certificate of ApPmPriateness for NTuzor DEVelapl2`le[1t $ ~~} Certificate of Appropriateness for IV>ajor Development $ 280 {l) Plats 14'Tittor Subdivision $ 915 (1} Major Subdivision $ 1,825 (1} Plat Recording Fee {3} (m} Abandanmc~#s Right-af-way $ 750 General Easerr~.snts $ 370 Specific Easements $ 1.85 {n} 1~!laster Sign Program $ 150 (o} Variances Board of Adjusts $ 500 Historic Pz~servation Board $ 250 {p} Formal interj?~retation by the Board of Adjustrrbent $ {,t} {per item} $ 60 {c~} C:ertificate of p-f'prapriateness byBoard {14} 1V1inor Development $ 60 {2} It?lajar Development $ 555 {1} {r} C~~tificateofAppropriat~byStaff $ 0 {13} {s} Request far Historic Designation $ 60 {per Prop~Y} Request for C1-~ange of I-iLStoric Designation ar Clas~~ification $ 60 {per l~~ {t} Hearing before the Board of Ac1justmr~nt $ 60 (per item} $ (0 (u} Teamporary Use Request involving City 6 ORD. NO.23-09 Caxnmission Action $ 130 {v} Water Service A.gneerr~~t Request - - without concurx~nt site plan $ 130 - - with concurrent site plan $ 0 (w} Land Development Re;,~alatians Text C1-~ange $ 1,500 (x} Waivers and Intexnak Adj ustrne~ts $130 per reckuest (6} $250 per x+ecluest (~ (y} Appeals by Applicant $ 335 {$} (z) Advertising (9} {~} Zoning Verification Letter $ 120 (bb} North BeachJS~eag~te and Qcean Neighborhood $ 1,560 (1} Qverlay District Review (cc} Application Fee far In-Lieu Of and Public Parking Fee $ 225 (10} Regti~sts {dc~ Ad Vakarem Tax Exemption {Review Concurrent with CQA Review) $ 0 Ad Valorem Tax E xenian {Review after CO received for approved development} $ 60 Nt)TES: {1} Plus an additional fee of $100 per acre, ar any Exaction thereof, beginning at 3.01 acres, up to a maxurnam of $3,000 per project. (2} This fee slhall be credited ag~insE any other processing fee which may be applicable to the r~~c[ueist. {3} $30.00 for fixst sheet of the plat, $15.00 for each additional sheet, ar as modified frcam time to tixr~e by Palm Beach County, payable to Palm Beach County. {4} Fee maybe waived by the City 141anager, far Finaperties that have already been developed, ar f or sites under one (1} acre in size. (5} Ba~~ne fee that vwuld apply for site plan modification. 7 C}RD. NO.23-09 {~) For requests made during the site plan. /master plan reviewprocess. {7} For requests made subs4'quent to the site plan /master plan review process. (S} Inches a~piaeaals of both acln~irii.stratiive decisions and Board actions. (9) The Applicant shall be responsible for all adverixsirig fees including ne~n~pap~~ publications. The applicant shall provide pre-addressed envelopes with the required postage for rriailed notices. If the required. advertisiu~g fees are not paid at least four days {4) prior to the hearing, the presiding body, shall go:stpane action on the application until such fees are paid In the event such postponement results in additional. n~~ling ar publication costs, the applicant shall be responsible for the additional fees. {10} If approved, this fee will be credited toward the associated site plan modification. (11 } Recording fees of any documents shall be paid by the A~ppli.cant. {12) Twv fees are required if both a Conditional Use and Site Plan ar Site Plan Modification are being extended for one project. (13} There is na fee if the item is listed as an application pernvtted for Staff approval. {14) C..ertificates of ~'~pi"opriateness not associated with a Site Plan, Site Plan. Modification, and~ar Conditional Use. Section 4. That Article 2.2, "Establislttxtent of Boards Having Responsibilities far Land Develapmarit Re~r.~ations", Section 2.4.4, "General Pcedurt~ PerEain~ing to ~~iproval of Land Use and Developrnalt Applications", of the Land Developir~ent Re;~r.i]atians of the City of Delray Beach, Florida, be and the same is hereby amended to read ass follows: {E) Expiration of Approvals: (1} Conditional Uses. Site Plans. Site Plan Modifications. Preliminary Subdivision Plats: All approval es~pir'ation dates for Conditional Use, Site Plan, Site Plan Modification, and Pr:linvnaty Subdivision Plat shall be c~tenriined as follows: {a) Approvals of Class IV and V Site Plans, Conditional Uses, and R?lajor Conditional Use Modifications shall be valid for a period of twent}~four (24) months. Class I-III Site Plan Modifications and Minor Conditional Use Modifications to an approved and established project, shall be considered a new approval and have an ac~litianal t~rit~four (24} month approval. period Class I-III Site Plan Modifications and IVTnar Conditional Use Modifications to an approved, yet unestablished project, ~ be valid until the expiration date for the original. Site Plan andJor Conditional Use approval. 8 ORD. NC}. 23-09 (2) Certifxcates of ApproFriateness: Certificates of Appro~`riateness approvals associated with a Site Plan, Site Plan Modification and/or Conditional Use application shall fallow timelines provic~d in Section 2.4.4{E}(1). All approval expiration dates far Certificates of .P'ppre'Priateness not associated with a Site Plan, Site Plan Modification, or Conditional Use shall be c~termined as follows: (a} New Certificates of ~-pprapriateness appro~ or any revision as defined by Section 4.5,1{E)(2) of an approved and astablished project shall be valid for a period of t~rit~-fai,~ {24} months. Any nor revision, as defined by Section 4.5.1{E}{2}, of an approved, yet unestablished Certificate of Appropclatene.ss, shall be considered a new approval and .leave an additional tc~nty-four {24} rruanth approval period Any minor revision, as defined by Section 4.5.1{E}{2}, of an approved, yet unestablished Certificate of Appropriateness shall be valid for the original.. Certificate of Appropriateness approval period 2.4.4(F}. (3) Extensions of approved applications maybe gc~nted pursuw~mt to LDR Section (4) Relief from Parking Requirements, Waivers. Adjustments: These appro~, associated with a sly'-cific development application, shall rexr~ain valid for the same period as said development application, do nat nm with the land, r~r are they txa~sferable to another devela~mc~ent proposal. (5} Abandonments Final Plats Variances: (a) Once approved by the City Corrnalission, the final plat must be record within. eighteen.. (18} rr~nths. If the final plat is rat recorc~d within. eighteen (1$) months, the approval expires. (b} A final plat may be vacated by action of the City Commission [See Section 2.4.5(L}]. (c) Abandonments, Final Plats, and Variances are final actions which nm with tree land Section 5. That Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", Section 2:4.5, "I'racedures for Obtaining Development Approvals", of the Land Development Re;~alations of the City of Delray B~ Florida, be and the same is hereby arr~lded to read as follows: 9 ORD. N0.23-t {F) Site and Development and Master Development Plans {MDP): {1) Rule: Site and develaprr~ent pl~~ns are divided into five {5) classifications. Glass I -Class IV are rr~difications to site and develap~ment plartis and are further described in Section 2.4.5{G), The Site Plan Review and ~~I'T''ance Board, or the l listoric Preservation Board, as applicable, may al?Prave, approve subject to conditions ar clexiy a Class ~ site and development plan. A Class V Site and Development Plan is d~cr~.~cl as follows: (a} Class V: New application far c~velopcnent of vacant land, ar far nwdification of a gaped property when no valid site plan of record exists and which requires full review of Perfom}ance Standards faurzd in Section 3.1.1, {2) Required Information: The fallowing information must be presented in a site and developn-~ent plan ar a Master Develo~~nent Plan submittal.: Standard Application Items pursuant to 2.4.3(A); * Standard Site Plan Items pursuant to 2.4.3(B}; ~ Standard Landscaping Plan Items pursuant to 2.4,3{C); * Preliminary Engineering P1~-ns pursuant to 2.4.3(D}; ~ Traffic Statera~erct, Study, Report pursuant to 2.4.3{E). * Standard Architectural. Elevation Items pursuant to 2.4.3(G); {3) Procedure: A site and development plan shall be processed through the fallowing sequr~ce: (a} Receipt and certification as complete; {b) Cansicieratian at a public :meeting before the Pl~~rming and Zoning Board, the Site Plan Review and ~~?pearance Board ar the 1`listoric Pres~;~vatian Board as appropriate, at wi~ich time action may be ti~ken. {4) Conditions: Conditions may be imposed pursuant to Section 2.4.4{C). (5) Findings: In addition to provisions of C~u~~pter `T'hree, the approvrng body must nuke a finding that develaprnent of the property pursuant to the site plan. will be can~k~'le and 10 t7RD. NO.23-09 harn~nious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. (6) Master Development Plans. Special Provisions: ~ A Master Develo~~ment Plan (MDP) for n~%periv not located witl~it~ a designated historic district and not located on an individuall~eci ~ro~ err shall be appz~oved by the Pl~u~uling and Zoning Board A I1~IDP sl~~ll be the guide for any subsequent site plan or subdivision action. A site plan ~haIl be required for any phase or the entire area encompassed by a MDP. Individual site plans shall be processed pursuant to Section 2:4,5(G}, (H}, and (I) with a)aproval authority of the Site Plan Review and ~~~peatance Board. Variances and waivers to the requ'~remer~ts of base district standards and supplerr~ental district rf~ulations, refearr~d to hc.~ein, maybe granted by tl~e P)~~-~rmcYg and Zoning Board concurrent with approval of the 1~?laster Development Plan (MDP) without the requirement of a public hearing Section 6. That should any section or provision of this ordinance or any portion triereof, any paragraph, sentence, or word be declared by a court of competent j urisdiction to be invalid, such decision s~fiall riot affect the validity of the rerr~~inder hereof as a whole or part thereof other than the part declared to be invalid ion 7. T'l~at all ordinances or parts of ordinances in conflict her~cuith be, and the sarr~e are hereby n~ealed Section S. That this ordinance shall become effective immediately upon its pa]saage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on tins the day of 2009. ATTEST MAYOR 11 OItD. NO, 23-09 City Clerk Fizst Reading Second Reading PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: APRIL 20, 2009 AGENDA NO: IY.E. AGENDA ITEM: CONSIDERATION OF A CITY•INITIA'fED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR}, AMENDING ARTICLE 2.2, "ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS", SECTIONS 2.2.6, "THE HISTORIC PRESERVATION BOARD", 2.4.3, "SUBMISSION REQUIREMENTS", 2.4.4, "GENERAL PROCEDURES PERTAINING TQ APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS" 2.4.5, "PROCEDURES FQR OBTAINING DEVELOPMENT APPRQVALS"; TO PRQYIDE MASTER DEVELOPMENT PLAN APPROVAL AUTHORITY TO THE HISTORIC PRESERVA'I"ION BOARD, WITH ASSOCIATED FEES AND PROCESSES. ~^ ~ ITEM BEFQRE THE E3{3ARD The item before the Board is to make a recommendation to the Gity Commission regarding acity- initiated amendment to Land Devebpment Regulations (LDRs) that will provide authority to the Historic Preservation Board to review and approve Master Development Plans {MDPs) far projects located within historic districts ar on individually histarically designated properties. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGRbtJND1ANALYSIS Master Development Plans are currently identified in the LDRs and are required in some zoning districts and are given exclusive review and approval authority to the Planning and Zoning Board. Master Development Plans are to be the guide for any subsequent site plan ar subdivision action. The amendment revises the LDRs to do the following: • Give the HPB the authority to approve Master Development Pions for properties located within designated historic districts or on individually histarically listed properties; • Provides for a fee for the initial MDP and any subsequent modifications; • Provides for an approval duration period; ~- _ _ REQUIRED FIN©INGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Following are relevant sections of the Comprehensive Plan: Planning and Zoning Board Meeting, April 20, 2009 LDR Amendment -Master Development Plans for Historic Districts and properties 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 Ordinance and, where applicable, to architectural design guidelines through the fallowing policies: Policv A-4.1 Prior to approval or recommending approval of any land use or development application far 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". Policv 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 at least once every five years. The amendment will allow far a process far the Historic Preservation Board to review, approve or deny a master plan. A master plan is a valuable, comprehensive plan that can address structure relocations, produce a consistent streetscape, establish a group of uses complimentary to each other, establish a theme far architectural treatments, landscaping, pavers, etc. This amendment is consistent with the Comprehensive Plan in that a comprehensive approach to preserving multiple properties can result. REVIEW BY OTHERS The Historic Preservation Board will be making a recommendation an the proposed ordinance at their May 6, 2009 meeting. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNAI"IYE ACTIONS ` A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Sections 2.2.6, "The Historic Preservation Board", 2.4.3, "Submission Requirements", 2.4.4, "General Procedures Pertaining To Approval Of Land Use And Development Applications" 2.4.5, "Procedures For Obtaining Development Approvals", To Provide Master Development Plan Approval Authority To The Historic Preservation Board, by adopting the findings of fact and law contained in the staff report, and finding that the tent amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in CDR Section 2.4.5{M) 2 Planning and Zoning Board Meeting, April 20, 2Q09 LDR Amendment -Master Development Plans far Historic Districts and properties C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Sections 2.2.6, "The Historic Preservation Board", 2.4.3, "Submission Requirements", 2.4.4, "General Procedures Pertaining To Approval Of Land Use And Development Applications" 2.4.5, "Procedures For Obtaining Development Approvals"; To Provide Master Development Plan Approval Authority To The Historic Preservation Board, by adopting the findings of fact and law cantained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5{M) (motion to be made in the atfirrrrative~. _ REC~NfMENDED ACTION D. Recommend approval of the amendment to Land Development Regulations, Sections 2.2.6, "The Historic Preservation Board", 2.4.3, "Submission Requirements", 2.4.4, "General Procedures Pertaining To Approval Of Land Use And Development Applications" 2.4.5, "Procedures For Obtaining Development Approvals"; To Provide Master Development Plan Approval Authority To The Historic Preservation Board, by adopting the findings of fact and law contained in the staff report, and finding that the text. amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5{M} Attachment: ^ Proposed ordinance 3