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24-96 ORDINANCE NO. 24-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DF. LRAY BEACH, BY REPEALING SUBSECTION 2.2.6(B) (2) IN ITS ENTIRETY AND ENACTING A NEW SUBSECTION 2.2.6 (B) (2) TO PROVIDE FOR LANGUAGE INCORPORATING THE FLORIDA CERTIFIED LOCAL GOVERS~ENT GUIDELINES CONCERNING sPEc H s RIc PRESER T ON WHEREAS, pursuant to I~DR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of May 20, 1996, and voted unanimously to forward the change ~ith a recommendation of approval; 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 objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Two, "Administrative Provisions", Article 2.2, "Eseahlishment Of Boards Having Responsibilities For Land Development Regulations", Section 2.2.6, "The Historic Preservation Board", Subsection 2.2.6(B)(2), of the ~nd Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby repealed in its entirety, and a new Subsection 2.2.6(B)(2) is hereby enacted to read as follows: (2) To the extent that such persons apply, the City Commission shall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 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 18th day of June , 1996. ATTEST: lc£ty c rk -- First Reading June 4, 1996 Second Reading June 18, 1996 , - 2 - Ord. No. 24-96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS DATE: JUNE 11, 1996 This is second reading and public hearing for Ordinance No. 24-96 which amends LDR Section 2.2.6(B)(2) by enacting special qualifications for Historic Preservation Board membership pursuant to Florida Certified Local Government Guidelines (B)(2)(a). The City of Delray Beach became a Certified Local Government (CLG) under State Historic Preservation guidelines on November 22, 1988. To maintain certification, a local government must meet certain prescribed criteria as set forth by the Florida Bureau of Historic Preservation. Our CLG agreement with the Bureau of Historic Preservation states, "that the City shall establish an adequate and qualified historic preservation review beard composed of professional members as per Florida Certified Local Government Guidelines (B)(2)(a). Our current qualifications are not as specific in terms of historic preservation disciplines as those set forth by the CLG Guidelines, nor do they reflect the fact that professionals in those disciplines should be appointed, to the extent that they are available in the community and apply for appointment. Hence, the .proposed text amendment is necessary to bring our regulations into conformance with state guidelines. The Historic Preservation Board approved the text amendment on May 1, 1996. The Planning and Zoning Board considered this item on May 20, 1996, and voted unanimously to recommend approval. At first reading on June 4th, the Commission voted unanimously to pass the ordinance. Recommend approval of Ordinance No. 24-96 on second and final reading. ref:agmemoll MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FZRST mR ORD m CE m. 24-96/SP CZ m HISTORIC PRESERVATION BOARD MEMBERSHIP DATE: MAY 31, 1996 This is first reading for Ordinance No. 24-96 which amends LDR Section 2.2.6 (B) (2) by enacting special qualifications for Historic Preservation Board membership pursuant to Florida Certified Local Government Guidelines (S) (2) (a). The City of Delray Beach became a Certified Local Government (CLG) under State Historic Preservation guidelines on November 22, 1988. To maintain certification, a local government must meet certain prescribed criteria as set forth by the Florida Bureau of Historic Preservation. Our CLG agreement with the Bureau of Historic Preservation states, "that the City shall establish an adequate and qualified historic preservation review board composed of professional members as per Florida Certified Local Government Guidelines (B)(2)(a). Our current qualifications are not as specific in terms of historic preservation disciplines as those set forth by the CLG Guidelines, nor do they reflect the fact that professionals in those disciplines should be appointed, to the extent that they are available in the community and apply for appointment. Hence, the proposed text amendment is necessary to bring our regulations into conformance with state guidelines. The Historic Preservation Board approved the text amendment on May !, 1996. The Planning and Zoning Board considered this item on May 20, 1996, and voted unanimously to recommend approval. Recommend approval of Ordinance No. 24-96 on first reading. If passed, second reading and public hearing will be held on June 18, 1996. ref: agmemo 11 TO: DAVID t. HARDEN, CITY MANAGER THRU: DIANE DOM INGUEZ, DIRECTOR DEPARTMENT OF PLANNING AND ZONING FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER SUBJECT: MEETING OF JUNE 4, 1996 The action requested of the City Commission is approval of an amendment to the Land Development Regulations (LDRs): Special Qualifications for Historic Preservation Board Membership. LDR reference: Section 2.2.6(B)(2). Section 2.2.6(B)(2) of the LDRs was adopted on March 10, 1987 before the City became a Certified Local Government (CLG) on November 22, 1988. The CLG agreement between the City and the Florida Bureau of Historic preservation requires "that the City shall establish an adequate and qualified historic preservation review board composed of professional members as per Florida Certified Local Government guidelines." The current qualifications (Section 2.2.6(B)(2)) for appointment are not as specific in terms of historic preservation disciplines as those set forth by the CLG Guidelines, nor do they reflect the fact that professionals in those disciplines should be appointed, to the extent that they are available in the community and apply for the appointment. The Historic Preservation Board approved the proposed text amendment at its meeting of May 1, 1996. City Commission Documentation LDR Amendment Re: HPB Membership Qualification Page 2 The Planning and Zoning Board considered this item at its meeting of May 20, 1996 and voted unanimously to recommend approval of the text amendment as follows. Proposed Text Amendment The proposed amendment deletes LDR Section 2.2.6(B)(2) and replaces it with language that incorporates the Florida Certified Local Government Guidelines (B)(2)(a). 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 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. Additional background and analysis is contained in the attached Planning and Zoning Board staff report. [] By motion, approve the text amendment to LDR Section 2.2.6(B)(2). Attachments: P&Z Staff Report of May 20, 1996. file/cayce/Idrtext4 MEETING OF: May 20, 1996 AGENDA ITEM: V-C Amendment to the Land Development Regulations: Special Qualifications for Historic Preservation Board Membership. LDR Reference: Section 2.2.6(B)(2). The item before the board is that of making a recommendation to the City Commission on a proposed modification to the City's Land Development Regulations (LDRs). In 1980 Congress amended the National Historic Preservation Act to provide for a process of certifying local governments to participate in the federal historic preservation program. This amendment extended the federal/state partnership to include qualified local governments, enabling them to participate more directly in the federal preservation program, becoming essentially a third member of the partnership, and offering them a better opportunity to direct preservation efforts at the local level. According to the regulations, each State Historic Preservation Office is responsible for preparing state guidelines for certifying local governments. The City of Delray Beach became a Certified Local Government (CLG) on November 22, 1988. In order to maintain certification a local government must meet certain prescribed criteria as set forth by the Florida Bureau of Historic Preservation. One of the criteria cited by the Bureau's guidelines is to establish and maintain a qualified historic preservation board. The guidelines define qualifications for membership as follows: To the extent available in the community, the local government shall appoint professional members from the disciplines of architecture, history, architectural history, planning, archaeology, or other historic preservation related disciplines such as urban planning, American studies, American P&Z Board Memorandum Staff Report LDR Text Amendment Re: Qualification for HPB Members Page 2 civilization, cultural geography or cultural anthropology. Lay persons who have demonstrated a special interest experience or knowledge in history, architecture or related disciplines shall make up the balance of Board membership, in the event that there are not enough professionals in the community. Florida Certified Local Government Guidelines (B)(2)(a). The qualification guidelines for appointment to the City's Historic Preservation board were adopted on March 10, 1987, before the City became a CLG. The guidelines are defined in section 2.2.6(B)(2) of the LDRs as follows: It is intended that members of the Board will be persons of knowledge, experience, judgment, and background, and have personal or professional interest or experience in historic restoration and preservation. And that they will have the ability and desire to act in the public interest and represent, insofar as possible, the various special personal and professional interest required to make informed and equitable decisions concerning the preservation, conservation, and protection of historic districts and structures. The current qualifications for appointment are not as specific in terms of historic preservation disciplines as those set forth by the CLG Guidelines; nor do they reflect the fact that professionals in those disciplines should be appointed, to the extent that they are available in the community and apply for the appointment. The CLG agreement between the City and the Flodda Bureau of Historic Preservation states in paragraph 3.2. "that the City shall establish an adequate and qualified historic preservation review board composed of professional members as per Florida Certified Local Government guidelines (B)(2)(a)." As the HPB now serves as a representative of a CLG, the qualifications required for appointment should be updated to reflect the State's guidelines for qualification. The HPB approved the text of the proposed amendment at its meeting of May 1, 1996 as follows: ?&Z Board Memorandum Staff Report LDR Text Amendment Re: Qualification for HPB Members Page 3 Proposed Text Amendment The proposed amendment deletes LDR Section 2.2.6(B)(2) and replaces it with language that incorporates the Florida Certified Local Government Guidelines (B)(2)(a). 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 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 on the Local Register of Historic Places. Recommend approval of the proposed amendment to LDR Section 2.2.6(B)(2) based upon a finding that the proposed modification is consistent with the State of Florida Certified Local Government Guidelines. Report prepared by · Patricia Cayce file/LDRtext3 A PUBLIC #EARI#O ~ ~DINA~E ~ THE CI~ ~ll{l~ ~ THE CI~ ~. F~{~ ~NDI~ SEC- ,T~ ~ fiNE HIST~IC ERVATI~ ~, ~ THE ~ND (I)~ IN IT~ ENTIRE~ AND ,~l~ A NEW SU~SECTI~ CB) ~) TO PR~IDE ~E I~ATINO T~ F~IDA CERTIFIED L~L ~V. EliNT GUI~LiNES I~ S~CIAL ~ALIFI~TJONS ~ H/STORK PRESERVATI~ ~D ~ER~IP; PROVIDI~ A GENE~ RE~R C~U~; A ~VING ~U~, ~D AN ~IVE ~TE.