Ord 58-01ORDINANCE NO. 58-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING CHAPTER TWO, "ADMINISTRA.
TIVE PROVISIONS", SECTION 2.2.6, "THE HISTORIC
PRESERVATION BOARD", SUBSECTION (B), "COMPOSITION
AND SPECIAL QUALIFICATIONS", TO PROVIDE ADDITIONAL
QUALIFICATIONS; 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 October 15, 2001 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Two, "Administrative Provisions", Section 2.2.6, '~lae Historic
Preservation Board", Section (B), "Composition and Special Qualification", 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:
Section 2.2.6 The Historic Preservation Board
(B) Composition and Special Qualifications:
(1) The Historic Preservation Board shall consist of seven members.
(2)
One member of the Board shall be a registered architect in the State of
Florida; one member shall be a reg~tered landscape architect or a licensed
landscape contractor; and a third member shall be either a registered
architect or a person with expertise in the construction industry. To the
extent that such persons apply, the City Commission shall may appoint
professional members from the disciplines of ~_~L: ....... ~__a .....
~,~..,~.~,~'~u: ....... histo~, architecmra histo~, ......... con.actor ;~-:~:.~.,.,,~. ..... ~,~.,:'u
rc~torat~on, planning, archaeolo~, or other historic prese~ation related
disciplines such as design, urban planning, ~erican studies, ~erican
civili~tion or cultural geography. ~y persons of knowledge, experience and
judgment who have an interest in historic prese~ation shall make up the
balance of the Board. Preference should be given to professional and lay
persom who o~ prope~ within historic d~ic~, or whose prope~ is
individually listed in the ~cal Register of Historic Places.
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 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
City Clerk
First Reading ~/~' ~
, a~OO/
Second Reading.
2 ORD. NO. 58-01
TO:
THRU:
FROM:
SUBJECT:
D AVI~.~~ E~NAG ER
PAUE DORLING, DIRECTi~OF PLANNING AND ZONING
ELLEN J. UGUCClONI, HISTORIC PRESERVATION PLAN~
AMENDMENT TO LDR SECTION 2.2.6(B)(2) RI~
QUALIFICATIONS FOR MEMBERS SERVING ON THE HI
sT
BOARD
ARDING SPECIAL
~lC PRESERVATION
This amendment was initiated by the Historic Preservation Board to ensure that the composition of
future boards will have the qualified persons necessary to make well founded opinions about design
and construction matters.
The current language, although expansive in the number of allied disciplines identified for possible
appointment, does not ensure that the architecture and construction disciplines are represented.
Experience has shown that the majority of decisions the Board makes are related to the
appropriateness of design and frequently involve the evaluation of building materials and construction
methods. Further, the role of the landscape architect is also considered of extreme importance in the
site plan review process.
Therefore, to ensure adequate representation by members with a discipline determined to be critical
to the conduct of the Board's business, a revision modeled after the qualifications statement for the
Site Plan Review and Appearance Board (SPRAB), is proposed. Please see the attached staff report
for additional detail.
On October 3, 2001 the Historic Preservation Board voted 5-2 to recommend to the Planning and
Zoning Board the amendment to LDR Section 2.2.6 (B)(2). The two dissenting members strongly
supported a requirement that would have required at least three (3) of the members to be current
residents or owners of properties individually designated or within histodc districts.
On October 15, 2001 the Planning and Zoning Board voted 5-0 to recommend to the City
Commission the amendment to LDR Section 2.2.6(B)(2). The Board made one change, which was to
add the word "registered" before landscape architect.
By motion, approve the amendment to LDR Section 2.2.6(B)(2) based upon the findings and
recommendations of both the Historic Preservation Board and the Planning and Zoning Board.
Attachment: Staff Report
ORDINANCE NO. 58-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING CHAPTER TWO, "ADMINISTRA-
TIVE PROVISIONS", SECTION 2.2.6, "THE HISTORIC
PRESERVATION BOARD", SUBSECTION (B), "COMPOSITION
AND SPECIAL QUALIFICATIONS", TO PROVIDE ADDITIONAL
QUALIFICATIONS; 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 October 15, 2001 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Two, "Administrative Provisions", Section 2.2.6, "The Historic
Preservation Board", Section (B), "Composition and Special Qualification", 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:
Section 2.2.6 The Historic Preservation Board
(B) Composition and Special Qualifications:
(1) The Historic Preservation Board shall consist of seven members.
(2)
One member of the Board shall be a registered architect in the State of
Florida; one member shall be a registered landscape architect or a licensed
landscape contractor; and a third member shall be either a registered
architect or a person with expertise in the construction industry. To the
extent that such persons apply, the City Commission skall may appoint
professional members from the disciplines of
,,,.,,L~c~,,.,~-~t-:~ ~._^ history, architectural history, liccn~cd con~actc, r
rcatc, ratic, n, planning, archaeology, or other historic preservation related
disciplines such as design, urban planning, American studies, American
civilization or cultural geography. 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.
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 at. 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
MAYOR
ATTEST
City Clerk
First Reading
Second Reading
2 ORD. NO. 58o01
MEETING OF: OCTOBER 15, 2001
AGENDA ITEM:
IV.E. AMENDMENT TO LDR SECTION 2.2.6(B)(2) REGARDING
SPECIAL QUALIFICATIONS FOR MEMBERS SERVING ON THE
HISTORIC PRESERVATION BOARD
The item before the Board is to recommend to the City Commission the amendment of
Section 2.2.6(B)(2) of the Land Development Regulations (LDRs) regarding the
qualification requirements for members of the Historic Preservation Board, pursuant to
LDR Section 2.4.5(M).
This amendment was initiated by the Historic Preservation Board to ensure that the
composition of future boards will have the qualified persons necessary to make well
founded opinions about design and construction matters. Section 2.2.6(B)(2) currently
states:
To the extent that such persons apply, the City Commission shall appoint
professional members from the disciplines of architecture, landscape
architecture, history, architectural history, licensed contractor familiar with
restoration, planning, archaeology, or other historic preservation related
disciplines such as design, urban planning, American studies, American
civilization or cultural geography. Lay persons of knowledge experience
and judgement 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.
This language, although expansive in the number of allied disciplines identified for
possible appointment, does not ensure that the amhitecture and construction disciplines
are represented. Experience has shown that the majority of decisions the Board makes
are related to the appropriateness of design and frequently involve the evaluation of
building materials and construction methods. Further, the role of the landscape
architect is also considered of extreme importance in the site plan review process.
Therefore, to ensure adequate representation by members with a discipline determined
to be critical to the conduct of the Board's business, the following language, modeled
after the qualifications statement for the Site Plan Review and Appearance Board
(SPRAB) is offered: (Words stricken through are being deleted, words underlined are
being added.)
Planning & Zoning Board Memorandum
Meeting of October 15, 2001
LDR Text Amendment: Historic Preservation Board Member Qualifications
Page 2
One member of the Board shall be a re.qistered architect in the State of
Florida; one member shall be a landscape architect or a licensed
landscape contractor; and a third member shall be either a reqistered
architect or a person with expertise in the construction industry. To the
extent that such persons apply, the City Commission she11 may appoint
professional members from the disciplines of~,...,,.v.....,v,'--"~';*'-"* .... ,~,......v~,...."-"'~o,'o,-'-
a~, history, architectural history, ~;
r~, planning, archaeology, or other historic preservation related
disciplines such as design, urban planning, American studies, American
civilization or cultural geography. Lay persons of knowledge experience
and judgement 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.
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.
Housing Element, Objective A-JO of the Comprehensive Plan states:
The City shall support the conservation and rehabilitation of historically
significant housing, especially where such housing is an identifying
characteristic of a particular area.
As more and more rehabilitation work occurs, the Historic Preservation Board will
require the design expertise of the landscape, architecture and construction fields that
will be represented with the adoption of the proposed language.
On October 3, 2001 the Historic Preservation Board voted 5-2 to recommend to the
Planning and Zoning Board the amendment to LDR Section 2.2.6 (B)(2). The two
dissenting members strongly supported a requirement that would have required at least
three (3) of the members to be current residents or owners of properties individually
designated or within histodc districts.
By motion, recommend to the City Commission approval of the amendment to LDR
Section 2.2.6(B)(2), based upon positive findings with LDR Section 2.4.5 (M).
Report prepared by Ellen J. Uguccioni, Historic Preservation Planner