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HPB 09-20-06 44 OA, AGENDA HISTORIC PRESERVATION BOARD MEETING 0. Ay S CITY OF DELRAY BEACH Meeting Date: September 20, 2006 Type of Meeting: Regular Meeting Location: City Commission Chambers Time: 6:00 P.M. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Doug Smith at 243-7144 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. If a person decides to appeal any decision made by the Historic Preservation Board with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made. Such record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Two or more City Commissioners may be in attendance. I. CALL TO ORDER II. MINUTES August 2, 2006 III. DISCUSSION AND ACTION ITEMS A. AMENDMENT TO EXISTING SIX-MONTH BUILDING MORATORIUM Forward a recommendation to the City Commission for a City initiated amendment to extend for 90 days the temporary building moratorium for demolition, and developments which exceed certain square footage in any of the City's five historic districts [excluding properties zoned CF (Community Facilities) or CBD (Central Business District)]. IV. REPORTS AND COMMENTS • Public Comments • Reports from Historic District Representatives • Board Members • Staff V. ADJOURN ,4 tl, S. til&aizeiy Amy E. Alvarez Historic Preservation Planner Posted on: September 15, 2006 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT. MEETING DATE: SEPTEMBER 20, 2006 AGENDA ITEM: AMEND THE EXISTING-SIX-MONTH BUILDING MORATORIUM FOR DEMOLITION AND DEVELOPMENT IN ALL OF THE CITY'S FIVE HISTORIC DISTRICTS TO PROVIDE FOR AN EXTENSION OF UP TO NINETY (90) DAYS. ITEM BEFORE THE BOARD, The item before the Board is that of making a recommendation to the City Commission on extending the current 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, for a period up to ninety (90) days. BACKGROUND/ANALYSIS 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 April 18, 2006 implemented a six-month moratorium on any new development proposals including, but not limited to, demolitions, new construction, and additions. Some development actions have continued 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 structures total square footage. Further, the moratorium does 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 has worked with the hired consultants, REG Architects and Urban Design Studios, in conducting a series of meetings with the residents of the Historic Districts in order to generate revised guidelines which provide a better and clearer understanding of the existing Historic Preservation Design Guidelines and LDRs. The intent is to assure that all new development respects and is visually compatible with the surrounding historic neighborhood character in terms of architectural style, scale, and massing. A review of the applicable policies and objectives in the Comprehensive Plan which have supported 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 Historic Preservation Board Memorandum Staff Report, September 20, 2006 Amendment to Extend Moratorium in Historic Districts Page 2 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. On August 31, 2006, REG Architects and Urban Design Studios provided a final presentation to the public regarding their proposed revisions and recommendations. In order to thoroughly review the aforementioned revisions and recommendations and implement any LDR-changes, a ninety-day extension is being requested. The current moratorium is scheduled to be lifted on October 18, 2006. Staff will use the additional ninety-days to make any necessary changes to the Delray Beach Historic Preservation Design Guidelines and the Land Development Regulations. These changes will clarify the current regulations as they relate to the requirement to provide compatible development within the historic districts while maintaining the intent to protect and preserve the historic character as identified by the goals of the Comprehensive Plan. REVIEW BY OTHERS" Planning and Zoning Board: The Planning and Zoning Board will reviewed the item at its September 18, 2006 meeting where a recommendation was made to the City Commission. ASSESSMENT AND CONCLUSION The ninety-day extension is essential in allowing for the implementation of recommendations outlined in the Historic Preservation Consultants final presentation. The intent of the revisions is to provide clarification to new development proposals as it relates to scale and massing consistent with the character of the districts. RECOMMENDED ACTION Recommend approval of the ninety-day extension to the moratorium ordinance to the City Commission. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: • Existing Ordinance 14-06 • Proposed Ordinance 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 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 CITY OF DELRAY BEACH,FLORIDA: Section 1. TEMPORARY BUILDING MORATORIUM. All activities relating 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 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 footage of the existing structure. located in any of the City's five historic districts. During 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 building area of 2000 square feet or less shall be accepted and reviewed and may be constructed if the project is approved by 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 Dekay 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 regular 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 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_(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 zoning designation 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 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 PASSED AND ADOPTED in regularsession on second and final reading on this lay � aay ofXt54iA ,2006. gz ATTEST: CITY CLERK First Rea ' Second Readin \O 4 ORD.NO.14-06 ORDINANCE NO. -06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 14-06, SECTION 3, "DURATION OF MORATORIUM/EXTENSION OF MORATORIUM", BY AMENDING THE TEMPORARY BUILDING MORATORIUM FOR DEMOLITION AND DEVELOPMENT 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, TO EXTEND THE MORATORIUM FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; 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 extend the 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 LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on and voted to 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: • Section 1. That Ordinance 14-06 of the Code of Ordinances of the City of Delray Beach, Florida, Section 3 is hereby amended to read as follows: Section 3. DURATION EXTENSION OF MORATORIUM. (a) The temporary 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 became effective on April 18, 2006. The City will accept no application which arc subject to the moratorium until the moratorium has expired. (b) The City Commission is hereby extending the temporary moratorium established in Ordinance 14-06 by enactment of this ordinance amending Ordinance 14-06 to provide for an extension period not to exceed ninety (90) days from the effective date of this ordinance. The City will accept no applications which are subject to the moratorium until the moratorium has expired. 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. 2 ORD. NO. -06 PASSED AND ADOPTED in regular session on second and final reading on this day of , 2006. MAYOR ATTEST: CITY CLERK First Reading Second Reading 3 ORD. NO. -06 DELRA BEACHkagtorg Y F All-America City 1 I 1993 2001 SIGN IN SHEET 2001 Regular Historic Preservation Board Meeting September 20, 2006 PRINT FULL NAME ADDRESS OR ITEM NO. ORGANIZATION q / bV �.ft&r4 L s , 2 /9v bREt LLI 4t E. aa2 i L "toe 1?C flrc '5VC) SSr7hi ! 'c nAi A y 32s .5 ) -FL? ardz,tt ill3 i c•fi' 1 HISTORIC PRESERVATION BOARD September 20, 2006 Meeting Convened: 6:05 p.m. II.A. III.A. NAME ATTEND Minutes-8-02-06 Amendment to 6 Month Moratorium VOTE: 4 to 0 4 to 1 Passes JOHN E. MILLER,JR. Y Y Y JOANNE PEART Arrived 6:10 p.m. Absent Seconded MAURA DERSH Y Y Made Motion LINDA LAKE Y Made Motion No JEANNETTE DOBSON Y Y Y RANDEE SCHATZ ABSENT New Chairman: John E. Miller, Jr. New Vice Chair: Maura Dersh Meeting Adjourned: 7:10 p.m.