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Ord 14-06 ORDINANCE NO. 14-06 AN ORDINANCE OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CI1Y OF DELRA Y BEACH, ESTABLISHING A TEMPORARY BUILDING MORATORIUM FOR ANY DEMOLITION AND DEVELOPMENT PROPOSAL LOCATED IN ANY OF THE CITY'S FIVE HISTORIC DISTRICTS FOR PROPERTIES NOT ZONED COMMUNI1Y FACILITIES (CF) OR CENTRAL BUSINESS DISTRICT (CBD) AND WHICH EXCEEDS CERTAIN SQUARE FOOTAGES, AND AS FURTHER DEFINED HEREIN FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA COVERED; PROVIDING FOR THE DURATION OF MORATORIUM; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that the City's historic districts need further protection and wishes to enact a six month moratorium on any demolition and/or construction of new structures (greater than 2000 sq. ft.) or additions, where the addition exceeds 50% of the square footage of the existing structure; and WHEREAS, the City needs a period of time in which City staff may work with the residents of these districts in order to draft appropriate overlay guidelines to assure that future development respects the surrounding neighborhood character in terms of architectural style, scale and massing; and WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as set forth in Florida Statutes Chapter 166; and WHEREAS, this ordinance is enacted 10 compliance with Florida Statutes Section 166.041 (3) (c); and, 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 20, 2006 and voted 7 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; and WHEREAS, this moratorium is rationally related to the City's attempt to preserve its historic district communities and the City will undertake a comprehensive review of its Land Development Regulations; and WHEREAS, the City Commission gave direction to City staff at its March 6, 2006 Commission meeting to draft a moratorium ordinance; and WHEREAS, all development plans officially received by the City prior to the effective date of this Ordinance shall be processed in accordance with the City's current LDR's. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA: Section 1. TEMPORARY BUILDING MORATORIUM. All activities relatin,g to the acceptance. review and action upon permit applications for the demolition and/or construction of new structures (in excess of 2000 sq. ft.) or additions. where the addition exceeds 50% of the square footage of the existing structure. are temporarily suspended in order for the City of Delray Beach. through its officials and staff. to have adequate time and opportunity to develop additional development regulations specific to each district in order to provide that future development would respect the surrounding neighborhood character in terms of architectural style. scale and massing. Based upon the foregoing. there is hereby imposed a tempora11 moratorium on the acceptance. review and action upon permit applications for the demolition and/or construction of new structures (in excess of 2000 sq. ft.) or additions. where the addition exceeds 50% of the square footage of the existin,g structure. located in any of the City's five historic districts. During the time the temporaJ;y moratorium is in effect. the City will accept no applications for permits for the demolition and/ or construction of new structures and additions located in the historic districts. Applications for new construction that propose a total building area of 2000 square feet or less shall be accepted and reviewed and may be constructed if the project is approved b.y the Historic Preservation Board. This moratorium shall not have any effect on those developments. 2 ORD. NO. 14-06 In the event that a structure is declared unsafe by the Chief Building Official of Delray Beach in accordance with Article 7.8 of the Land Development Regulations. then that structure may be demolished and this moratorium shall not prevent the demolition of the structure. In the event that a new structure is proposed for this same area. the new structure must have a total building area of 2000 sq. ft.. or less. in order to be allowed to proceed through the City's development process while the moratorium is in effect. In the event that a new structure is proposed with a total building area greater than 2000 sq. ft. the proposed development shall not be accepted for review until the moratorium has expired. This moratorium shall not prevent the relocation of historic structures. from other places. into any of the City's historic districts. provided. that the relocation must still follow the regnbr development process. Section 2. GEOGRAPHIC AREA COVERED. A temporaJ;y moratorium established in this ordinance shall be effective in the five historic districts of the City of Delray Beach. which are the Nassau Street District. Marina District. Del-Ida Park. Old School Square and West Settlers District. as described in Section 4.5.1(J..) of the LDR's. However. this moratorium does not affect property that is located in anyone of the five historic districts with a zoning designation of Community Facilities (CF) or Central Business District (CBD). Section 3. DURATION OF MORATORIUM. The temporat;y moratorium set forth in this ordinance shall take effect immediately upon the effective date of this ordinance and shall terminate six (6) months after the said effective date. The City will accept no applications which are subject to the moratorium until the moratorium has expired. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. 3 ORD. NO. 14-06 ~p A~SED AND ADOPTED in regular session on second and final reading on this L day of ~ '\ . 2006. , ~R l t!c ATTEST: ~~.~~ CI1Y CLERK Firs. Reading 4- ~ \~ Second Reading 4\ \~\~ , \ 4 ORD. NO. 14-06 MEMORANDUM SUBJECT: MAYOR AND CI1Y COMMISSIONERS CITYMANAGERtw1 AGENDA ITEM # \ () Ji.... ORDINANCE NO. 14-06 HEARING - REGULAR MEETING OF APRIL 18. 2006 (SECOND READING/SECOND PUBLIC TO: FROM: DATE: APRIL 14,2006 This ordinance is before Commission for second reading and second public hearing to amend the Land Development Regulations (LDR) to establish a six (6) month moratorium on demolitions, additions, and new construction in the City's five (5) Historic Districts. Given the recent concerns over the level and type of development affecting historic preservation efforts within all five (5) of the City's historic districts, on March 6, 2006, the Commission supported the implementation of a six-month moratorium on any new development proposals including, but not limited to, demolitions, new construction, and additions. Some development actions could continue during the moratorium; including demolitions of structures deemed unsafe by the City's Chief Building Official, new construction of 2,000 square feet or less, and additions not exceeding fifty- percent (50%) of the existing structure's square footage. The moratorium will not prevent the relocation of historic structures into any of the districts; nor apply to properties in any historic district zoned CF (Community Facilities) or CBD (Central Business District). During the moratorium, staff will work with residents within the five (5) historic districts to establish an overlay district similar to the Beach Property Overlay Districts. The overlay would place additional development regulations specific to each district, with the intent to assure that all new development respects and is visually compatible with the surrounding neighborhood character in terms of architectural style, scale, and massing. Possible solutions could include the establishment of maximum lot coverage and floor area ratio, an increase in the minimum required open space, reductions of maximum heights, and/or application of additional setback requirements for all second- story elements. Current zoning districts located within the historic districts include R-1-A and R-1- AA (Single-Family Residential), RO (Residential Office), RL (Multi-Family Residential, Low Density), RM (Multi-Family Residential, Medium Density), CF (Community Facilities), CBD (Central Business District), and OSSHAD (Old School Square Historic Arts District). The ordinance includes all zoning districts located within a historic district with the exception of CF and CBD. At the first reading on April 4, 2006, the Commission passed Ordinance No. 14-06. Recommend approval of Ordinance No. 14-06 on second and final reading. S:\City Clerk\agenda memos\Ord. No. 14-06 Moratorium Historic Dist Construction 041806 DI< ZJl1 FROM: D~R~ tvIANAGER PAUL ~~G, <:JCTOR OF PLANNING AND ZONING AMY ~REZ, HISTORIC PRESERVATION PLANNER TO: THRU: SUBJECT: MEETING OF APRIL 4, 2006 CONSIDERATION OF A 6-MONTH MORATORIUM ON DEMOLITIONS, ADDITIONS, AND NEW CONSTRUCTION IN THE CITY'S FIVE HISTORIC DISTRICTS. The action requested of the City Commission is the consideration to establish a six-month moratorium on any new development proposals including demolitions except those properties deemed unsafe, new construction over 2,000 square feet, and additions exceeding fifty-percent (50%) of the existing total square footage within all five (5) of the City's historic districts. Given recent concerns over the level and type of development affecting historic preservation efforts within all five (5) of the City's historic districts, the City Commission, on March 6, 2006 supported the implementation of a six-month moratorium on any new development proposals including, but not limited to, demolitions, new construction, and additions. Some development actions could continue during the moratorium including demolitions of structures deemed unsafe by the City's Chief Building Official, new construction if 2,000 square feet or less, and additions not exceeding fifty-percent (50%) of the existing structures square footage. The moratorium will not prevent the relocation of historic structures from other places, into any of the districts nor apply to properties in any historic district zoned CF or CBD. During the moratorium, Staff will work with residents within the five (5) historic districts to establish an overlay district similar to that of the Beach Property Overlay Districts. This overlay would place additional development regulations specific to each district, with the intent to assure that all new development respects and is visually compatible with the surrounding neighborhood character in terms of architectural style, scale, and massing. Possible solutions could include the establishment of maximum lot coverage and floor area ratio, an increase in the minimum required open space, reductions of maximum heights, and/or application of additional setback requirements for all second-story elements. Current zoning districts located within the historic districts include R-1-A and R-1-AA (Single-Family Residential), RO (Residential Office), RL (Multi-Family Residential, Low Density), RM (Multi-Family Residential, Medium Density), CF (Community Facility), CBD (Commercial Business District), and OSSHAD (Old School Square Historic Arts District). The ordinance includes all zoning districts located within a historic district with the exception of CF and CBD. The Planning and Zoning Board reviewed the item at its March 20, 2006 meeting and recommended approval of the moratorium as presented, by a vote of 7-0. The Board was in \OV City Commission Documentation, April 4, 2006 6-Month Moratorium in Historic Districts Page 2 support of the moratorium date being retroactive to March 6, 2006, when the City Commission first considered the item. Approve the moratorium ordinance to establish a six-month moratorium on any new development proposals including demolitions except those properties deemed unsafe, new construction over 2,000 square feet, and additions exceeding fifty-percent (50%) of the existing total square footage within all five (5) of the City's historic districts. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: · Planning and Zoning Memorandum Staff Report, March 20, 2006 ORDINANCE NO. 14-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A TEMPORARY BUILDING MORATORIUM FOR ANY DEMOLITION AND DEVELOPMENT PROPOSAL LOCATED IN ANY OF THE CITY'S FIVE HISTORIC DISTRICTS FOR PROPERTIES NOT ZONED COMMUNITY FACILITIES (CF) OR CENTRAL BUSINESS DISTRICT (CBD) AND WHICH EXCEEDS CERTAIN SQUARE FOOTAGES, AND AS FURTHER DEFINED HEREIN FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR GEOGRAPHIC AREA COVERED; PROVIDING FOR THE DURATION OF MORATORIUM; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that the City's historic districts need further protection and wishes to enact a six month moratorium on any demolition and/or construction of new structures (greater than 2000 sq. ft.) or additions, where the addition exceeds 50% of the square footage of the existing structure; and WHEREAS, the City needs a period of time in which City staff may work with the residents of these districts in order to draft appropriate overlay guidelines to assure that future development respects the surrounding neighborhood character in terms of architectural style, scale and massing; and WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as set forth in Florida Statutes Chapter 166; and WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section 166.041 (3)(c); and, WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on March 20, 2006 and voted 7 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; and WHEREAS, this moratorium is rationally related to the City's attempt to preserve its historic district communities and the City will undertake a comprehensive review of its Land Development Regulations; and WHEREAS, the City Commission gave direction to City staff at its March 6, 2006 Commission meeting to draft a moratorium ordinance; and WHEREAS, all development plans officially received by the City prior to the effective date of this Ordinance shall be processed in accordance with the City's current LOR's. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. TEMPORARY BUILDING MORATORIUM. All activities relatino to the acceptance, review and action upon permit applications for the demolition and/or construction of new structures (in excess of 2000 Sq. ft.) or additions, where the addition exceeds 50% of the square footaoe of the existino structure, are temporarilv suspended in order for the City of Delrav Beach, throuoh its officials and staff. to have adequate time and opportunity to develop additional development reoulations specific to each district in order to provide that future development would respect the surroundino neiqhborhood character in terms of architectural stvle, scale and massinq. Based upon the foreqoino. there is hereby imposed a temporary moratorium on the acceptance. review and action upon permit applications for the demolition and/or construction of new structures (in excess of 2000 sq. ft.) or additions, where the addition exceeds 50% of the square footaoe of the existino structure, located in any of the City's five historic districts. Durinq the time the temporary moratorium is in effect. the City will accept no applications for permits for the demolition and/or construction of new structures and additions located in the historic districts. Applications for new construction that propose a total buildinq area of 2000 square feet or less shall be accepted and reviewed and may be constructed if the proiect is approved bv the Historic Preservation Board. This moratorium shall not have any effect on those developments. In the event that a structure is declared unsafe bv the Chief Buildino Official of Delrav Beach in accordance with Article 7.8 of the Land Development Reoulations. then that 2 ORD. NO. 14-06 structure may be demolished and this moratorium shall not prevent the demolition of the structure. In the event that a new structure is proposed for this same area. the new structure must have a total buildinq area of 2000 SQ. ft.. or less. in order to be allowed to proceed throuqh the City's development process while the moratorium is in effect. In the event that a new structure is proposed with a total buildinq area qreater than 2000 SQ. ft. the proposed development shall not be accepted for review until the moratorium has expired. This moratorium shall not prevent the relocation of historic structures. from other places. into any of the City's historic districts, provided. that the relocation must still follow the reQular development process. Section 2. GEOGRAPHIC AREA COVERED. A temporary moratorium established in this ordinance shall be effective in the five historic districts of the City of Delrav Beach. which are the Nassau Street District. Marina District. Del-Ida Park. Old School Square and West Settlers District. as described in Section 4.5.1 (L) of the LDR's. However, this moratorium does not affect property that is located in any one of the five historic districts with a zoninq desiqnation of Community Facilities (CF) or Central Business District (CBD). Section 3. DURATION OF MORATORIUM. The temporary moratorium set forth in this ordinance shall take effect immediatelv upon the effective date of this ordinance and shall terminate six (6) months after the said effective date. The City will accept no applications which are subiect to the moratorium until the moratorium has expired. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this _ day of ,2006. 3 ORD. NO. 14-06 ATTEST: CITY CLERK First Reading Second Reading MAYOR 4 ORD. NO. 14-06 .~~ '-C. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT. MEETING DATE: MARCH 20, 2006 ,\ AGENDA NO.: IV. D AGENDA ITEM: CONSIDERATION OF A 6-MONTH MORATORIUM ON DEMOLITIONS, ADDITIONS, AND NEW CONSTRUCTION IN THE CITY'S FIVE HISTORIC DISTRICTS. The item before the Board is that of making a recommendation to the City Commission on establishing a six-month moratorium on any new development proposals including demolitions except those properties deemed unsafe, new construction over 2,000 square feet, and additions exceeding fifty-percent (50%) of the existing total square footage for all five (5) of the City's historic districts. Given recent concerns over the level and type of development affecting historic preservation efforts within all five (5) of the City's historic districts, the City Commission, on March 6, 2006 supported the implementation of a six-month moratorium on any new development proposals including, but not limited to, demolitions, new construction, and additions. Some development actions could continue during the moratorium including demolitions of structures deemed unsafe by the City's Chief Building Official, new construction if 2,000 square feet or less, and additions not exceeding fifty-percent (50%) of the existing structures square footage. The moratorium will not prevent the relocation of historic structures from other places, into any of the districts nor apply to properties in any historic district zoned CF or CBD. During the moratorium, Staff will work with residents within the five (5) historic districts to establish an overlay district similar to that of the Beach Property Overlay Districts. This overlay would place additional development regulations specific to each district. with the intent to assure that 'all new development respects and is visually compatible with the surrounding neighborhood character in terms of architectural style, scale, and massing. Possible solutions could include the establishment of maximum lot coverage and floor area ratio, an increase in the minimum required open space, reductions of maximum heights, and/or application of additional setback requirements for all second-story elements. Current zoning districts located within the historic districts include R-1-A and R-1-AA (Single-Family Residential), RO (Residential Office), RL (Multi-Family Residential, Low Density), RM (Multi-Family Residential, Medium Density), CF (Community Facility), CBD (Commercial Business District), and OSSHAD (Old School Square Historic Arts District). The ordinance includes all zoning districts located within a historic district with the exception of CF and CBD. The overlay guidelines could apply to one or more historic districts as deemed appropriate by City Staff, Advisory Boards, Residents, and Commission. 4 Planning and Zoning Board Memorandum Staff Report, March 20, 2006 6-Month Moratorium in Historic Districts Page 2 -" A review of the applicable policies and objectives in the Comprehensive Plan which would support this action and its potential outcomes was conducted. The following objective and policy were found. .\ Housing Element Objective A-12.1, To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policy: Housing Element Policy A-12.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit size and scale of new homes to be consistent with the 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 implementation of the six-month moratorium and the ultimate creation of parameters which will clarify what is deemed compatible development within each district will protect and preserve the character of the historic districts and is in keeping with the goals of the Comprehensive Plan as noted above. Historic Preservation Board: The Historic Preservation Board (HPB) reviewed the item at its March 15, 2006 meeting and recommended denial of the moratorium ordinance as presented. Their main concern centered on the effective date which is retroactive to City Commission's moratorium ordinance initiation date of March 6, 2006. The Board felt they could support the moratorium, if its effective date was the ordinance's second reading date, tentatively scheduled for April 18, 2006. Staffs concerns with a delayed date is that it would result in a last minute rush of applications of incomp~tible structures which would then require staff review, board action and appeals of those actions to City Commission. It is noted that with the exception of demolitions (except if unsafe), new construction of similar sized structures (up to 2,000 sq. ft.), and additions of up to 50% of the existing structure can continued to be submitted and be considered by the Board during the moratorium period. The six-month moratorium is in response to recent development trends within the historic districts of structures which are out of scale and massing with the character of the districts. The moratorium will allow the creation of additional parameters that will assist developers in determining what would be considered compatible within each district. The proposed moratorium will provide the time to create these parameters consistent with and furthering the Goals, Objectives and Policies of the Comprehensive Plan. IV.D Planning and Zoning Board Memorandum Staff Report, March 20, 2006 6-Month Moratorium in Historic Districts Page 3 -e Recommend approval of the moratorium ordinance to the City Commission establishing a six- month moratorium on any new development proposals including demolitipQs except those properties deemed unsafe, new construction over 2,000 square feet, and additions exceeding fifty-percent (50%) of the existing total square footage for all five (5) of the City's historic districts. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: . City Manager Memorandum to City Commission dated March 3. 2006 · City Commission Documentation dated March 6, 2006 · Proposed Ordinance 14-06 IV.D City of Delray Beach Memo ..\ To: City Commission From: City Manager~1 cc: Date: March 3, 2006 Re: Historic Districts I have become alarmed that we are in danger of having our historic districts destroyed by mansionization. On Wednesday the Historic Preservation Board approved the partial demolition of an 1,100 square foot house in the Del Ida Park historic district at 711 N. Swinton, and construction of an "addition" which will result in a total square footage for this house of 4,275. At 527 N. Swinton, facing much opposition from neighbors, the Board delayed a decision on a request to demolish a contributing structure and replace it with a new house with detached garage and guest house totaling 4,600 square feet. On March 15, the Historic Preservation Board will consider a request to build three houses on the property on the west side of Seacrest between NE 6th Street and NE 7th Street with square footages of 5,246, 5,452 and 5,009. The house formerly on these properties has already been demolished. There is a fourth lot for which plans have not yet been submitted. If six houses of this size are approved, I believe it will lead to the essential destruction of the Del Ida Park Historic District. The historic rhythm and ambiance of the district, the historic character of the buildings and the open space patterns around each house will all be lost. The historic homes will be swallowed up and overwhelmed by the new mega houses being built in the district. While the City Attorney and I believe that our current code gives sufficient basis for denying permits for these homes as being incompatible with the historic district due to their size and mass, the Historic Preservation Board is of the opinion that they do not have such power, and have requested specific guidelines further limiting Floor Area Ratio, Lot coverage, bu~ding height and required green space. Therefore, I strongly recommend that the Commission direct the Planning and Zoning Commission to consider a moratorium on any further demolitions and large scale construction in all our historic districts for six months to allow staff to work with the residents of these districts and develop further appropriate limitations on development in these districts to protect their essential historic character. 1 C{f SUBJECT: D!\p~~TY MANAGER PAUL DORUNG(jRECTOR OF PLANNING AND ZONING . AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNE@ MEETING OF MARCH 6, 2006 REQUEST TO CONSIDER A SIX-MONTH MORATORIUM OF NEW DEVELOPMENT PROPOSALS LOCATED PARTICULARLY IN THE DEL-IDA PARK HISTORIC DISTRICT AND/OR ALL OTHER HISTORIC DISTRICTS. TO: THROUGH: FROM: Given recent concerns over the level and type of development affecting historic preservation efforts within all five (5) of the City's historic districts, but more particularly the Del-Ida Park Historic District, it has been suggested that the City Commission consider a six-month moratorium of any new development proposals including, but not limited to, demolitions, new construction, and additions. During this time, Staff will work with the residents of the Del-Ida Park Historic District as well as the four other districts to establish an overlay district similar to that of the Beach Property Overlay Districts, which would place additional development regulations specific to each district, assuring that all new development respects the surrounding neighborhood character in terms of architectural style. scale, and massing. Possible solutions could include the establishment of a maximum lot coverage and floor area ratio, an increase in the minimum required open space, and application of additional setback requirements for all second-story elements. Current zoning districts located within the Del-Ida Park Historic District include R-1-AA (Single-Family Residential), RO (Residential Office). and RL (Multi-Family Residential, Low Density), all of which have a building height limit of thirty-five feet (35') and a minimum open space requirement of twenty-five percent (25%). The R-1-AA zoning district requires a minimum lot size of 9,500 square feet and a minimum floor area of 1,200 square feet, while the RO and RL zoning districts require a minimum lot size of 8,000 square feet with a maximum lot coverage of forty percent (40%). Zoning designations in the other historic districts include R-1-A and R-1~AA (Single-Family Residential), RM (Multi-Family Residential. Medium Density), CF (Community Facility), CBD (Commercial Business District), and OSSHAD (Old School Square Historic Arts District). The overlay guidelines could apply to one or more historic districts as deemed appropriate by City Staff, Advisory Boards, Residents, and Commission. If the Commission supports this initiative. an ordinance must be prepared, advertised, and considered by the Historic Preservation Board and Planning and Zoning Board and approved by City Commission. Recommend processing an ordinance to establish a six-mouth moratorium on any new development proposals including, but not limited to. demolitions, new construction, and additions for all five (5) of the City's historic districts. 6 Boca Raton/Delray Beach News - TuesdaylWednesday, April 11-12, 2006 . www.bocanews.com ~C-: ClLr6ltUth~ CITY OF DElRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE lAND DEVELOPMENT REGULATIONS ESTABLISHING A TEMPORARY BUILDING MORATORIUM FOR ANY DEMOLITION AND DEVELOPMENT PROPOSAL lOCATED IN ANY OF THE CITY'S FIVE HISTORIC DISTRICTS FOR PROPERTIES NOT ZONED COMMUNITY FACiliTIES (CF) OR CENTRAL BUSINESS DISTRICT (CBD) AND WHICH EXCEEDS CERTAIN SQUARE FOOTAGES, AND AS FURTHER DEFINED HEREIN FOR A PERIOD OF SIX (6) MONTHS The City Commission of the City ot Delray Beach, Florida, proposes to adopt the following ordinance: ORDINANCE NO..H:1!fi AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A TEMPORARY BUILD- ING MORATORIUM FOR ANY DEMOLITION AND DEVELOPMENT PROPOS- AL LOCATED IN ANY OF THE CITY'S FIVE HISTORIC DISTRICTS FOR PROPERTIES NOT ZONED COMMUNITY FACILITIES (CF) OR CENTRAL BUSINESS DISTRICT (CBD) AND WHICH EXCEEDS CERTAIN SQUARE FOOTAGES, AND AS FURTHER DEFINED HEREIN FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PRO- VIDING FOR GEOGRAPHIC AREA COVERED; PROVIDING FOR THE DURA. TlON OF MORATORIUM; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE. AND AN EFFECTIVE DATE. The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY. APRIL 4. 2006. AT 7:00 P.M. in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the pro- posed ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY. APRIL 18.2006. AT 7:00 P.M. (or at any continuation of such meet- ing which is set by the Commission) in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, De/ray Beach, Florida. All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or 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 the Planning and Zoning Department. City Hall, 100 NW. lstAvenue, Delray Beach, Florida 33444 (email atpzmail@mydelraybeach.com) or by calling 561/243- 7040), between the hours of 8:00 a.m. and 5:00 p.m.. Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT .IF A PERSON DECIDES TO APPEAL ANY DECI. SION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S.286.0105. CITY OF OELRAY BEACH Chevelle O. Nubin City Clerk PUBLISH: Monday, March 27, 2006 Tuesday, April 11, 2006 Boca Raton lDelray Beach News Ad# NS0603100 CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS ESTABLISHING A TEMPORARY BUILDING MORATORIUM FOR ANY DEMOLITION AND DEVELOPMENT PROPOSAL LOCATED IN ANY OF THE CITY'S FIVE HISTORIC DISTRICTS FOR PROPERTIES NOT ZONED \ COMMUNITY FACILITIES (CF) OR CENTRAL BUSINESS DISTRICT (CBD) AND WHICH EXCEEDS CERTAIN SQUARE FOOTAGES, AND AS FURTHER DEFINED HEREIN ,FOR A PERIOD OF SIX (6) MONTHS The City Commission of the City of Delray Beach. Florida, proposes to adopt the following ordinance: ORDINANCE NO; 14-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY pF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ESTABLISHING A TEMPORARY BUILD- ING MORATORIUM FOR ANY DEMOLITION AND DEVELOPMENT PROPOS. AL LOCATED IN ANY OF THE CITY'S FIVE HISTORIC DISTRICTS FOR PROPERTIES NOT ZONED COMMUNITY FACILITIES (CF) OR CENTRAL BUSINESS DISTRICT (CBD) AND WHICH EXCEEDS CERTAIN SQUARE FOOTAGES, AND AS FURTHER DEFINED HEREIN FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PRO- VIDING FOR G!=OGRAPHIC AREA COVERED; PROVIDING FOR THE DURA- TION OF MORATORIUM; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE. AND AN EFFECTIVE DATE. The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on IU~SQAY. ~PfIJL 4. 2006. AT 7;00 P.M, in the Commission Chambers at City Hall, 100 N,W. 151 Avenue, Defray Beach, Florida. If the pro. posed ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY. APRIL 18.2006. AT 7:00 P.M. {or at any continuation of such meet- ing which is !let by the. Commission} in the Commission Chambers at City Hall, 100 N.W. 151 Avenue. Delray Beach, Florida. All Interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy 01 the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 NW. 1st Avenue, Delray Beach, Florida 33444 (email atpzmail@mydelraybeach.com) or by calling 561/243- 7040), between the hours of 6:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECI. SION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY OOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S. 266;0105. CITY OF DELRAY BEACH Chevelle D. Nubin Cily Clerk PUBUSH: Monday, March 27, 2006 Tuesday, April 11, 2006 Boca Raton IDelray Beach News Ad# NSoa03100 ~c : tl:> o fil '" '" 5 '" <:; '" a '< tl:> '" '" ..., ::T Z ~ '" I ;;:: o '" 0. ~ ;;:: '" <.=l ::T "> ..... "> o o O"J . i b- o ..., '" '"