Ord 24-05
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ORDINANCE NO. 24-05
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.5.1,
"HISTORIC PRESERVATION SITES AND DISTRICTS",
SUBSECTION 4.5.1(C), "DESIGNATION PROCEDURES",
BY REMOVING THE RESTRICTION ON ISSUING
BUILDING PERMITS DURING THE DESIGNATION
PROCESS; 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 March 21, 2005, and voted 5 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsection
4.5.1(C), "Designation Procedures", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
(C) Designation Procedures:
(1) Buildings, structures, archaeological sites, or districts which meet the criteria for
historic sites or districts set forth in Section 4.5.1 (B) may be designated as historic sites or
districts, and may be listed on the Local Register of Historic Places.
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(2) Nominations for historical site or district designation shall be made to the
Historic Preservation Board on an application form developed and approved by the Board.
(a) Nominations for historic site status may be initiated by:
(1) The Historic Preservation Board;
(2) The City Commission; or
(3) The property owner.
(b) Nominations for historic district status may be initiated by:
(1) The Historic Preservation Board; or
(2) The City Commission.
(3) The Board shall conduct a preliminary evaluation of the information provided
on each nomination application to determine if it generally conforms with historic status
criteria. The Board shall then prepare a designation report which shall contain the following:
(a) Proposed legal boundaries of the historic building, archaeological site,
structure, or district;
(b) any proposed conditional zoning regulations designed to replace or
complement existing zoning regulations with regard to, but not limited to
use, floor area, density, height, setbacks, parking, and minimum lot size;
(c) Analysis of the historic significance and character of the nominated
property; and
(d) analysis of optional historic interiors for those buildings and structures with
interior features of exceptional architectural, aesthetic, artistic, or historic
significance.
(4) Upon completion and formal review of the report, the Board shall set a public
hearing on each proposed designation. Notice of said hearing shall be made to the owner of
affected property at least ten days prior to the hearing by regular 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 days prior to the hearing,
provided, however, posting pursuant to 2.4.2(B)(1)(b) is not required.
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ORD. NO. 24-05
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(5) Oaee the pUBlie heariag date is estaBlished, ao permits shall Be issued for aay
aew eoastruettoa, altera.tioa, reloeattoa, 01' demolitioa of the real property iaeluded Íft the
aom1aattoa. This delay ia the issuaaee of permits will remaia in effect uatil oae of the
f'6llowiag takes plaee:
(a) The Historie Preservattoa Board deaies the aomiaatioa aad ao appeal is
flIed pUfsuaat to Seetioa 2.4.7 (E); or,
(h) The City CommÏ3sioa formal!)' approves or deaies the aomiaattoa.
W ill After conducting the public hearing, if the Historic Preservation Board
finds that the nomination fulfills the proper designation criteria and all procedures have
been followed correctly, it shall vote on the designation. A majority of the entire Board,
present and voting, must act in the affirmative to transmit the nomination and the
Board's findings to the City Commission. The City Commission shall consider the
recommendation through its standard ordinance adoption procedures, except that at
least three affirmative votes of the City Commission is necessary to make a designation.
In the event that a directly affected property owner objects to the historic designation,
the Commission approval shall require a super majority vote of four votes.
ffl.(0 After conducting the public hearing, if the Historic Preservation Board
does not find that the request fills the criteria, no further action will be required and the
request will be deemed denied. However, an appeal may be filed and processed pursuant
to Section 2.4.7(E).
{87 ro The Board will issue an official "certificate of historic significance" to the
owner of properties listed individually on the local historic register or judged as
contributing to the character of a historic district listed on the local historic register.
The Director acting as City Preservation Officer, or his appointee, is authorized to issue
and place official signs denoting the geographic boundaries of each historic district
listed in the local historic register.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
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ORD. NO. 24-05
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~ PASSED AND. ADOPTED in regular session on second and final reading on this the
~dayof ~AQ. J ,2005.
8æy~A
ATTEST
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City Clerk
First Reading ~?\ \)-5
Second Reading ~ ~ \c)5'
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ORD. NO. 24-05
MEMORANDUM
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CI1Y MANAGER tffV1
AGENDA ITEM # \C~ - REGULAR MEETING OF APRIL 19. 2005
ORDINANCE NO. 24-05 (AMENDING LAND DEVELOPMENT
REGULATIONS SECTION 4.5.1(C)(5) "DESIGNATION PROCEDURES")
TO:
FROM:
DATE:
APRIL 15, 2005
This ordinance is before Commission for second reading and public hearing for a City initiated
amendment to Land Development Regulations (LDR) Section 4.5.1 (C)(5), "Designation Procedures",
concerning the freeze period on the issuance of permits during the Historic District designation
process.
At the first reading on AprilS, 2005, the Commission passed Ordinance No. 24-05.
Recommend approval of Ordinance No. 24-05 on second and final reading.
S'\C,ty Clerk\agenda memos Ord 24-05 HlStonc DeSIgnanon Process 041905
FROM:
CITY COMMISSION DOCUMENTATION
DAvfl,; H""D~' ITY MANAGER
PAUL ßO:iûNG, DI ~OR OF PLANNING AND ZONING
JEFFREY A. COST LO, ASSISTANT DIRECTOR OF PLAN
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TO:
THRU:
SUBJECT: MEETING OF APRIL 5, 2005
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 4.5.1(C)(5) "DESIGNATION
PROCEDURES" CONCERNING THE FREEZE ON ISSUING PERMITS DURING
THE HISTORIC DESIGNATION PROCESS.
r' BACKGROUND I ANALYSIS
The proposed amendment to the Land Development Regulations is to eliminate the freeze period
on the issuance of permits once a public hearing date for a historic designation is established. With
the processing of the proposed Northwest Swinton Avenue and Dell Park historic districts last year,
the City Commission had concerns with the current provision. LDR Section 4.5.1 (C)(5) states the
following:
Once the public hearing date is established, no permits shall be issued for any new construction,
alteration, relocation, or demolition of the real property included in the nomination. This delay in
the issuance of permits will remain in effect until one of the following takes place:
(a) The Historic Preservation Board denies the nomination and no appeal is filed
pursuant to Section 2.4.7(E); or,
(b) The City Commission formally approves or denies the nomination.
The above provision was adopted in 1987 as part of the City's Historic Preservation Ordinance.
The City's preservation efforts came to the for front in 1986, when a historically contributing 1930's
Mediterranean Revival style house located on the property at the southwest corner of South Ocean
Boulevard (A-1-A) and Nassau Street was demolished. This prompted the creation of a historic
preservation ordinance. In 1987, the City's Historic Preservation Ordinance was adopted and, in
1988, the Nassau Park, Old School Square, Del-Ida Park, and Marina Historic Districts were
designated and in 1997 the West Settlers Historic District was designated.
The intent of the provision is to prevent or defer the immediate demolition or significant alteration of
historically contributing structures during the designation process. The provision does not allow the
issuance of permits for proposals that are in the permit review process or for proposals where the
preparation of plans is nearing completion. When this occurs the property owner has usually made
a significant investment In the preparation of construction drawings. With the processing of the
Northwest Swinton Avenue and Dell Park Historic Districts last year, a couple of property owners
had submitted for building permits; however the permits could not be issued based upon the above
regulation. The situation was further exacerbated as the designation requests and associated
public hearings were postponed, which extended the designation process from the normal two
months to four months.
In essence, the provision is a moratorium on development activity until a decision is made
concerning the designation. The City Commission felt it was unfair to not issue a permit or to
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City Commission Documentation
Meeting of April 5, 2005
LDR Text Amendment - Section 4.5 1 (C)(5) (Designation Procedures)
Page 2
require the redesign of the project in light of pending designations. They also expressed that the
designation process should be consistent with the manner in which other land use actions are
processed such as amendments to the Land Development Regulations. In most cases, changes
to the Land Development Regulations are not effective until second reading of the associated
ordinance. Proposals submitted subsequent to second reading must comply with the new
regulations regardless of how far along an applicant may be in the preparation of plans. In the case
of a historic designation, once second reading of the designation ordinance occurs, subsequent
submittals would be subject to the historic preservation regulations. There was also a concern that
this provision eliminated the option of taking additional time to educate the public on the benefits of
historic districts, given the pressures to reach a conclusion quickly.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of
the Comprehensive Plan. This amendment is being initiated more for "housekeeping" purposes
than to fulfill any specific Comprehensive Plan policy. While the amendment does not fulfill a
specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them.
REVIEW BY OTHERS
Planning and Zoning Board:
At its meeting of March 21, 2005, the Planning and Zoning Board held a public hearing regarding
the proposed text amendment. There was no public testimony regarding the proposal. After
discussing the amendment, the Board voted 5-0 (Pike & Walker absent) to recommend to the City
Commission approval of the proposed amendment to the Land Development Regulations (LDRs)
by adopting the findings of fact and law contained in the staff report.
Historic Preservation Board (HPB):
At its meeting of March 16, 2005, the HPB reviewed and recommended denial of the proposed text
amendment to eliminate the current provision. The Board felt that the regulation currently in effect
should be modified to state that during the designation process that in order to obtain a permit the
applicant may process a Certificate of Appropriateness (COA) application as if the property was
within a designated historic district, which would be reviewed based on the historic preservation
criteria and design guidelines and require HPB approval. This would enable the property owner to
continue through the review process rather than being put on hold. If the applicant does not choose
this option, then the building permit could not be issued until a decision is made concerning the
historic designation.
RECOMMENDED ACTION
Move to approve the amendment to the Land Development Regulations (LDRs) Section
4 5.1 (C)(5) (Designation Procedures), 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, with second reading to occur
on April 19, 2005.
Attachment:
Proposed Ordinance
ORDINANCE NO. 24-05
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES
AND DISTRICTS", SUBSECTION 4.5.1(C), "DESIGNATION
PROCEDURES", BY REMOVING THE RESTRICTION ON ISSUING
BUILDING PERMITS DURING THE DESIGNATION PROCESS;
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 March 21, 2005, and voted 5 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsection
4.5.1(C), "Designation Procedures", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
(C) Designation Procedures:
(1) Buildings, structures, archaeological sites, or districts which meet the criteria for historic
sites or districts set forth in Section 4.5.1(B) may be designated as historic sites or districts, and may be
listed on the Local Register of Historic Places.
(2) Nominations for historical site or district designation shall be made to the Historic
Preservation Board on an application form developed and approved by the Board.
(a) Nominations for historic site status may be initiated by:
(1) The Historic Preservation Board;
(2) The City Commission; or
(3) The property owner.
(b) Nominations for historic district status may be initiated by:
(1) The Historic Preservation Board; or
(2) The City Commission.
(3) The Board shall conduct a preliminary evaluation of the information provided on each
nomination application to determine if it generally conforms with historic status criteria. The Board shall
then prepare a designation report which shall contain the following:
(a) Proposed legal boundaries of the historic building, archaeological site, structure, or
district;
(b) any proposed conditional zoning regulations designed to replace or complement existing
zoning regulations with regard to, but not limited to use, floor area, density, height,
setbacks, parking, and minimum lot size;
(c) Analysis of the historic significance and character of the nominated property; and
(d) analysis of optional historic interiors for those buildings and structures with interior
features of exceptional architectural, aesthetic, artistic, or historic significance.
(4) Upon completion and formal review of the report, the Board shall set a public hearing on
each proposed designation. Notice of said hearing shall be made to the owner of affected property at least
ten days prior to the hearing by regular 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 days prior to the hearing, provided, however, posting pursuant to 2.4.2(B)(1 )(b) is not required.
(5) Once the public hearing date is estahlished, no permits shall be issued for any new
construction, alteration, relocation, or demolition of the real property included in the nomination. This
delay in the issHance of permits ':lill remain in effect until one of the follovlÌng takes plaee:
(a) The Historic Preser'/ation Board denies the nomination and no appeal is filed pursuant
to Seetion 2.4.7(B); or,
(b) The City Commission formally approves or denies the nomination.
f61 ill After conducting the public hearing, if the Historic Preservation Board finds that the
nomination fulfills the proper designation criteria and all procedures have been followed correctly, it
shall vote on the designation. A majority of the entire Board, present and voting, must act in the
affirmative to transmit the nomination and the Board's findings to the City Commission. The City
Commission shall consider the recommendation through its standard ordinance adoption procedures,
except that at least three affirmative votes of the City Commission is necessary to make a
designation. In the event that a directly affected property owner objects to the historic designation,
2
ORD. NO.
the Commission approval shall require a super majority vote of four votes.
f+t ® After conducting the public hearing, if the Historic Preservation Board does not find
that the request fills the criteria, no further action will be required and the request will be deemed
denied. However, an appeal may be filed and processed pursuant to Section 2.4.7(£).
E&1 ill The Board will issue an official "certificate of historic significance" to the owner of
properties listed individually on the local historic register or judged as contributing to the character
of a historic district listed on the local historic register. The Director acting as City Preservation
Officer, or his appointee, is authorized to issue and place official signs denoting the geographic
boundaries of each historic district listed in the local historic register.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
_day of ,200_
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
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ORD. NO.
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30 Thursday, Apnl7/Fnday, Apn18, 2005 - Boca RatonIDelray Beach News . WNW bocanews.com
100
ANNOUNCEMENTS-
---j 100 f--
LEGAL NOTICES
CIT1' Of IIB.RAT RMift, fUJIIIIIA.
NOTICI Of I'II8UC HWUIIG
A PUBUC HEARING WIll be held on the
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at any con,,"uabon 01 such meebng
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1st Avenue. Delray Beach. Ronda. at .
wluch bme the CIty Comm/ssIon will
COI1SIder Ihetr adoplJon The proposed
onJonanœ may be Inspected at Ibe
Office 01 the CIty CIe!\< at CIIy It!II. 100
N W 1st Avenue. Delray Beach. Ron-
da. between the hoUls 018 00 a.m and
5-00 p In. Monday Ibrough Fnday.
except holidays AI Interested _
are IßIIted to attend and be heard WIth
respect to Ibe proposed ordinances
ORDINANΠNO 2tHI5
At! ORDINANCE DF THE CITY COM-
MISSION Of THE CITY Of DELRAY
BEACH, FLORIDA, AMENDING THE
UlND DEVElOPMENT REGUlATIONS
OF THE COOE Of ORDINANCES. BY
~=~~mB~~~:D~"~ ~b
t~~n~~TR1á6~%u~Wri;g:;
IN ORDER TO CLARIfY THAT CER-
TAIN PROVISIONS OF THE SOUTH·
WEST NEIGHBORHOOD OVERlAY
DISTRICT DNL Y APPLY TO DUPLEX
AND MULTI-FAMILY DEVELOPMENT
THAT CONTAINS A COMPDNENT OF
---j 100 r-- ~
LEGAL NOTICES LEGAL NOTICES
WUHKtUHl;t HUU~INü A5 PHUVIU-
ED BY ARTICLE 47. PROVIDING A
SAVING ClAU5E A GENERAL
REPEALER ClAUSE. ANO AN EFFEC·
TlVE DATE
ORDlNANΠNO. 21-05
AN ORDINANCE Of THE CITY COM·
MISSION {JF THE CITY Of DELRAY
BEACH. flORIDA. AMENDING CHAP·
TER 99. "NOISE COrfTROL". Of THE
CODE Of ORDINANCES OF THE CITY
Of DELRAY BEACH. FLORIDA. TO
PROVIDE AN UPDATED NOISE CON·
TROL ORDINANCE REFERENCING
CURRENT ZONING OISTRICTS. PRO·
VlDlNG A SAVING ClAUSE A GENER·
Al REPEALER ClAUSE. AND AN
EFfECTIVE DATE
ORIItIWlCE 110. 23-Ð5
AN ORDINANCE OF THE CITY COM·
MISSION Of THE CITY OF DELRAY
BEACH. FtORIOA. AMENDING THE
LAND DEVELOI'MENT REGUlATIONS
OF THE CODE Of ORDINANCES. BY
AMENDING SECTION 44 11. "NEIGH·
BDRHOOD COMMERCiAl iNC) DIS· !
r:gÀl ~~~'. Bt1~h'8:
VlDlNG THAT BANKS DR SIMILAR
FINANCIAlINSTlTUTlONS MAY HAVE
A MAXIMUM ARfA OF 6.000 Sa. FT .
PROVIDING A SAVING ClAUSE, A
GENERAL R£PEALER CUlUSE. AND
AN EFFECTIVE DATE
ORDlNANΠNO 24-05
AN ORDINANCE Of THE CITY COM·
MISSION Of THE CITY OF DElRAY
BEACH. flORIDA, AMENDING THE
UlND DEVELOPMENT REGUlATIOr.S
OF THE CODE OF ORDINANCES. BY
AMENDING SECTION 45 1. "HIS·
TORIC PRESERVATION SITES AND
~¿~~~~;i~U~~8tlR:~ ~ (~~
REMOVING THE RESTRICTION ON
ISSUING BUILDING PERMITS DUR·
ING THE DESIGNATION PROCESS
PROVIDING A SAVING ClAUSE. "-
GENERAl REPEALER ClAUSE AND
AN EFFECTIVE DATE
Please be advISed mat d a person
dectdes to appeal any dectsíon made
by the CIty CommlS,s,on wrth respect to
any matter considered at theSe hear ~
lOgs, such person may need to ensure
thai a vernabm record mcludes the tes~
bmony and evidence upon wlllch the
appeal 5 to be based The City does
not proVIde nor prepare such record
Pursuant to F S 286 0105
CITY OF DELRAV BEACH
Cheveile 0 Nub..
CIty Clerk
~L~'io~~~2005
Ad #121226