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HPB 10-04-06 `�,({ c,„ AGENDA HISTORIC PRESERVATION BOARD MEETING (4.4Y ��P CITY OF DELRAY BEACH Meeting Date: October 4, 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 i be in attendance. LJ I. CALL TO ORDER II. CERTIFICATES OF APPROPRIATENESS A. 246 North Swinton Avenue, Old School Square Historic Arts District, Lynda Kidd, Owner. Consideration of 2006-437-COA associated with as-built shutters and proposed color changes to a contributing structure. B. 34 North Swinton Avenue, Old School Square Historic Arts District — Genesis, LLC, Owner; Kirk Joseph Witecha, Authorized Agent. Consideration of 2006-420-COA associated with the demolition of a contributing structure. III. DISCUSSION AND ACTION ITEMS A. Forward a recommendation to the Planning and Zoning Board for a privately initiated amendment to LDR Section 4.3.4(H)(6) to remove the requirement that a sixty-four foot (64') setback is required on both sides of the centerline along NE 4th Street between NE 6th Avenue/Federal Highway (northbound) and North Swinton Avenue. IV. REPORTS AND COMMENTS • Public Comments • Reports from Historic District Representatives • Board Members • Staff V. ADJOURN S. 7iterialq Amy E. Alvarez Historic Preservation Planner Posted on: September 27, 2006 'or UELHAI'OUCH - UCUUYOUCH aFa��aun ai-w eir HISTORIC PRESERVATION BOARD gIII MEMORANDUM STAFF REPORT 'Ii, 19993 1993 :UU1 3UU1 Property Owner/Applicant: Lynda Kidd Project Location: 246 North Swinton Avenue, Old School Square Historic Arts District HPB Meeting Date: October 4, 2006 COA: 2006-437 ITEM BEFORE THE BOARD The item before the Board is consideration of a Certificate of Appropriateness request for approval of an exterior color change and as-built accordion shutters on a contributing structure located at 246 North Swinton Avenue, Old School Square Historic Arts District, pursuant to LDR Section 2.4.6(H). BACKGROUND/PROJECT DESCRIPTION. The subject property, consisting of Lot 1, Block 58, Metcalfs Subdivision, is located on the southwest corner of North Swinton Avenue and NW 3rd Street. The structure, which was built in 1941 in the Minimal Traditional style, is considered a contributing building in the Old School Square Historic Arts District. Previous applications on file for the subject property include administrative approval of exterior color changes and front door alteration in 2004. Building permit records show that all windows were replaced in 1996. The permit was closed out on August 16, 1996. It was on October 1, 1996 when the building code required that all permits to replace windows contain hurricane protection. On September 5, 2006, the City's Code Enforcement Office cited the property owner for neither obtaining HPB approval nor a building permit for the installation of accordion shutters. The shutters have been installed on all facades. The applicant was given seven days to apply for a COA or face a $250/day fine. The application before the Board is the review of the as-built accordion shutters and an exterior color change. The structure is currently painted a light pink on the body and a bright green for the trim. The as-built accordion shutters are white. The applicant proposes to replace the pink with a shade of lavender. Color changes are typically reviewed administratively. However, due to the nature of the application, all items are to be reviewed by the Board. ANALYSIS Development Standards LDR Sections 4.5.1(E)(4) and (E)(8)(g) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The applicable standards are as follows: 246 North Swinton Avenue—2006-437-COA HPB Meeting October 4, 2006 (E)(4) A historic site, or building, structure, site, improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time. (E)(8) All improvements to buildings, structures, and appurtenances shall be visually compatible. Visual compatibility shall be determined in terms of height, front facade proportion, proportion of openings (windows and doors), rhythm of solids to voids on front facades, rhythm of buildings on streets, rhythm of entrance and/or porch projections, relationship of materials, texture and color, roof shapes, walls of continuity, scale of building, directional expression of front elevation. The following applies to the subject application: (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building shall be visually compatible with the predominant materials used in the historic sites, buildings, and structures within a historic district. Delray Beach Historic Preservation Design Guidelines state and recommend the following with respect to colors and hurricane protection: • The choice of paint color for the exterior of a historic property is a combination of personal taste, and in historic districts, consideration as to how that paint color will affect the character of the neighborhood. • The combination of colors selected for wall mass, trim and decorative elements should be complimentary and should avoid disharmony or color clashes. • Certain architectural styles lend themselves to different color treatments. • Window shutters that are removable are preferred. • If the tracks are to be installed year-round, they should be painted to match the exterior surface. • Accordion or roll-down shutters should only be considered when they are in locations not visible from the public right-of-way. When choosing colors for a historic building, consideration should be given to the age of the property, architectural style and details, and the color of the surrounding buildings. Simpler structures require fewer colors and, to avoid disharmony, consideration should be given to their vibrancy and staying within a single color family using differing shades to create subtle rather than extreme contrasts. It is also worth remembering that darker colors are more likely to fade and can be difficult to touch up. The proposed lavender (Smoky Grape) color should be revised and consideration given to a color with less contrasting values from the existing (to remain) trim color (Shaded Spruce). Removable hurricane shutters are the preferred option for all buildings in historic areas, particularly those classified as contributing to the historic district within it exists. Permanent shutters visible from the right-of-way can have a visual impact on the structure as well as the district. The shutters on the rear (east) and south side elevations may not be visible from the public right-of-way while all of those that have been installed on the front and north side elevations are highly visible as the structure is located on a corner lot. Therefore, in accordance with the Design Guidelines, it is recommended that removable storm panels or some other appropriate method of storm protection is at least considered for the windows located on the front (west) and side (north) elevations. While all applications are considered on a case-by- case basis, it should be noted that similar proposals have been before the Board in the past with respect to accordion shutters (See Appendix A). 2/4 t 246 North Swinton Avenue—2006-437-COA HPB Meeting October 4,2006 • The proposed exterior color change (lavender-body) as well as the proposal to install aluminum accordion shutters on the windows visible from the public right-of-way cannot be supported as they are inconsistent with respect to LDR Sections 4.5.1(E)(8)(g) and the Delray Beach Historic Preservation Design Guidelines. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of COA-2006-437 for 246 North Swinton Avenue, Old School Square Historic Arts District 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 4.5.1(E)(4) and (E)(8)(g) of the Land Development Regulations and the Delray Beach Historic Preservation Design Guidelines, subject to conditions. C. Move denial of COA-2006-437 for 246 North Swinton Avenue, Old School Square Historic Arts District by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 4.5.1(E)(4) and (E)(8)(g) of the Land Development Regulations and the Delray Beach Historic Preservation Design Guidelines. RECOMMENDATION Move approval of COA-2006-437 for 246 North Swinton Avenue, Old School Square Historic Arts District 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 4.5.1(E)(4) and (E)(8)(g) of the Land Development Regulations and the Delray Beach Historic Preservation Design Guidelines, subject to the following conditions: 1) That consideration be given to change the proposed body color to provide less contrast with the existing trim color; 2) That removable storm panels or some other appropriate method of storm protection be installed for the windows at on the front (west) and side (north) elevations, and; 3) If removable panels are installed, the tracks or channels should be painted to match the exterior of the building. Report Prepared by:Amy E.Alvarez, Historic Preservation Planner Attachments: • Location Map • Florida Master Site File Survey 2005 • Photographs 3/4 F 246 North Swinton Avenue—2006-437-COA HPB Meeting October 4,2006 APPENDIX A Previous Applications RE: Accordion Shutters Address Historic District Classification Meeting Dates 222 Palm Court Del-Ida Park Non-Contributing (1956) 01.19.05, 02.02.05, 02.16.05 Action After reviewing the item, the Board approved the application with the following conditions: 1) That removable storm panels or some other appropriate method of storm protection be installed for the windows at the front of the property which are not screened by the arcade. 2) If removable panels are installed the tracks or channels should be painted to match the exterior of the building. Address Historic District Classification Meeting Date 10 NE 7th Street Del-Ida Park Non-Contributing (1956) 10.01.03 Action After reviewing the item, the Board approved the application with the following conditions: 1) That the tracks/channels are placed as close to the windows/doors (openings) as possible so that no paint shows through or that a negligible amount is viewed; and, 2) That the proposed accordion shutters on the first floor of the front facade for the two, paired French doors be changed to removable storm panels. Previous Applications RE: Color Changes Address Historic District Classification/Style Meeting Dates 33 Palm Square Marina Contributing (1938) 06.01.05, 09.07.05 Minimal Traditional Action The owner was originally cited through code enforcement for painting the structure without a COA. The applicant applied and after reviewing the item, the Board held the application for a revised color scheme. 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'} e_f , - \ ate- - \�►1 ii ii I/PAWL, --___... k\ WillrAlWv ,1141 li wrimilliin- itt;i:4 �, f —8._,,,„d& __ ,,,,,,i,„ y(--k- cP J )2 ._. - - /- c _..---1-------1 0 ---*/ i , ____ -2 ----- . . , -2 a,„ ' .-- -ir21/1 1 4., a /d4 �.o p � Or� c`k 2,2 -- 0-7\Q jtL04 � v (a) -4 ;)A__. 0C_ L-- 1)"- oats 7 - i paRAY BEAp PEERAY BEACH HISTORIC PRESERVATION BOARD Ip g II1 MEMORANDUM STAFF REPORT 'I I�k 1993 1993 2UU1 2001 Property Owner/Applicant: Genesis LLC; Kirk Joseph Witecha Project Location: 34 North Swinton Avenue, Old School Square Historic Arts District HPB Meeting Date: October 4, 2006 COA: 2006-420 ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA) associated with the demolition of a contributing structure located at 34 North Swinton Avenue, Old School Square Historic Arts District, pursuant to Land Development Regulations (LDR) Section 2.4.6(H). BACKGROUND;/ PROJECT DESCRIPTION The subject property, consisting of Town of Delray, South 25.3 Feet of Lot 10 and North 24.7 Feet of Lot 11, Block 60, is located on the west side of North Swinton Avenue between West Atlantic Avenue and NW First Street. The property is zoned Old School Square Historic Arts District (OSSHAD). A frame vernacular style, contributing structure, constructed in 1922 is located on the lot. Prior to the subject application, there are no recent administrative or Board actions pertaining to this property. However, the City's Code Enforcement Division has documented the following: 2001 — Front porch was removed without a permit or HPB approval. 2001 —Abandoned house occupied by vagrants; rotted siding covered with aluminum, boarded up areas over openings to be painted to match exterior. 2001 —Abandoned house partially boarded up being occupied by vagrants. 2006 —Abandoned house. The current proposal is for the demolition of the historic structure. The applicant intends to move the historic bungalow structure located on the neighboring property to the south (24 North Swinton Avenue) onto the CRA property located at 20 North Swinton Avenue. The two lots (24 and 34 North Swinton Avenue) would then be redeveloped into a mixed-use project potentially containing a three-story structure offering both retail and residential units. Both the relocation of the bungalow and mixed-use development proposal will require review of Class V Site Plan and Certificate of Appropriateness applications to be submitted at a later date and subject to the Board's review. With respect to the current application, the applicant has stated that the building is "beyond salvage" and that they have looked for someone to move the building off the property in order to save and relocate it to another area of the city. However, those attempts were not successful. The applicant provided a letter from Robert J. Selinsky, P.E., Vice President of Engineering, McCarthy and Associates, dated February 13, 2006. The letter states that a site visit was conducted on February 10, 2006 at which time the following was noted: 34 North Swinton Avenue—2006-420-COA HPB Meeting October 4, 2006 "...it was observed to be uninhabited and not maintained. Windows and doors were observed to be missing. Several openings were observed to be boarded closed. The current structural condition...was considered to be extremely poor. It is our professional opinion that to bring the structural condition of the building up to meet the current Florida Building Code would require extensive structural analysis, design, and cost prohibitive renovation. Based on our observation, we consider the existing residence to be structurally inadequate and unsafe for occupancy." It must be noted that there is currently a six-month moratorium in effect on all application submittals for properties located within all of the city's five historic districts. However, the ordinance does allow for the submittal of demolitions if the structure is deemed unsafe by the City's Chief Building Official. The applicant has sought this documentation dated August 16, 2006, which states the following: ":.based on the recommendation provide (sic) by your company, McCarthy & Assoc. and the engineer Robert Selinsky from your office, the 'analysis, design and renovation' of the structure to be 'structurally inadequate and unsafe for occupancy'. And as such can be demolished." At the meeting of September 6, 2006, the Board reviewed the subject application and requested the following additional information: 1. A termite inspection report; 2. An analysis from a licensed contractor regarding renovation costs, and; 3. A further detailed engineering report and/or representation by an engineer. The applicant has submitted a termite report dated September 11, 2006 (see attached), which notes evidence of wood-destroying organisms. The report recommends treatment for termites, and reparation and/or replacement of all damaged wood. In addition, a letter to the applicant by Brett Johnson, President of Capital Construction Services, Inc was submitted (see attached). The letter, dated September 13, 2006 notes that the "building is well beyond repair". Additional comments included an estimate of$140,000 as a "preliminary budget to repair the existing structure subject to Architectural/Engineering review and termite damage". DEMOLITION FINDINGS/ANALYSIS DEMOLITION Pursuant to LDR Section 4.5.1(E)(4), a historic site, or building, structure, site, improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time. Pursuant to LDR Section 4.5.1(F)(1), the HPB shall consider the following guidelines in evaluating applications for a COA for demolition of historic buildings or structures within designated historic districts: a) Whether the structure is of such interest or quality that it would reasonably fulfill the criteria for designation for listing in the National Register. The 2005 Historic Structure Form generated during the resurvey of the Old School Square Historic Arts District notes that the building is not individually eligible for 2/5 34 North Swinton Avenue—2006-420-COA HPB Meeting October 4,2006 listing on the National Register. However, should the Old School Square Historic Arts District be nominated for the National Register, the subject historic structure is a contributor to such designation. b) Whether the structure is of such design, craftsmanship, or material that it could be reproduced only with great difficulty or economically nonviable expense. A reproduction of this structure would be exactly that, a reproduction, which is something that would not be considered contributing to the historic district as it would not be significant on its own merit. c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the city. While not the last remaining example of a Frame Vernacular style structure within the city, the city is quickly losing its historical resources one by one, diminishing its historic stock. Therefore, it could be deemed one of the last remaining examples, because this style is no longer reproduced, rather inspires other designs. Only a minimal amount of structures in Delray Beach are deemed contributing, as all other potentially contributing structures are not protected, and this is particularly true of the Old School Square Historic Arts District. Therefore, reparation to those contributing structures should be taken into consideration rather than demolition. When a historic structure, whether it is deemed contributing or non-contributing, is purchased, its restoration and/or renovation should always be the first priority of the homeowner. Otherwise, there are many properties without such designation where one could demolish the existing structure without any problems. d) Whether retaining the structure would promote the general welfare of the city by providing an opportunity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. Retaining the structure would provide a look into the importance and value of an example of the City's architectural culture and heritage. e) Whether there are definite plans for immediate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on the character of the surrounding area. As mentioned above, there are plans to redevelop the property. However, the extent of the plans is unknown as the application is not yet before the Board, providing for the potential to demolish without redevelopment. Pursuant to LDR Section 4.5.1(F)(6), the Board may, with the consent of the property owner, request that the owner, at the owner's expense, salvage and preserve specified classes of building materials, architectural details and ornaments, fixtures, and the like for reuse in the restoration of the other historic properties. The Board may, with the consent of the property owner, request that the Delray Beach Historical Society, or the owner, at the owner's expense, record the architectural details for archival purposes prior to demolition. The recording may include, but shall not be limited to photographs, documents, and scaled architectural drawings. At the Board's option, and with the property owner's consent, the Board or the Delray Beach Historical Society may salvage and preserve building materials, architectural details, and ornaments, textures, and the like at their expense, respectively. 3/5 34 North Swinton Avenue—2006-420-COA HPB Meeting October 4,2006 The Delray Beach Historical Society requests "that in the event of an approved demolition of a building that is 50 years old or older...we be given the opportunity to salvage building materials...". See attachments for a complete copy of the request. The Delray Beach Historic Preservation Design Guidelines point out that"the act of demolition is an irreversible act that requires the utmost consideration and search for alternatives." ANALYSIS The demolition of a historic structure is a loss to the community and the city. It is unfortunate that the dwelling has fallen victim to demolition by neglect as it is in poor condition. However, poor condition caused by neglect should not be accepted as a reason for demolishing a historic structure. Although there are plans for the redevelopment of the property, it should be noted that, should the demolition be approved, the new design will be required to meet strict historic preservation design guidelines to ensure compatibility with design and massing within the Old School Square Historic Arts District and the surrounding area. While the Board can impose a six month delay in the demolition of a contributing structure to allow another site to be found for its relocation, the applicant, as previously noted, has attempted this approach prior to the application submittal. However, Staff has received public inquiries regarding the structure and their possibilities to salvage it either in its present location or through relocation, which is always preferable to demolition. Additionally, there are properties which have received approval for demolition with the intent to redevelop. However, the historic structure is then demolished and the property remains vacant and undeveloped for an extensive amount of time, and the property may not ever be redeveloped. In the meantime, the property may change ownership or an opportunity to salvage the structure may be missed. Therefore, it should be taken into consideration that, should the demolition be approved, that the building not be demolished until the redevelopment plans have been certified by the Planning and Zoning Director and a building permit issued for the new construction. Based upon the above, Staff recommends that the Board take all information into consideration with regard to the above noted sections of the Land Development Regulations. ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of the Certificate of Appropriateness for 34 North Swinton Avenue, Old School Square Historic Arts District by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 4.5.1(F)(1)(a-e) and the Delray Beach Historic Preservation Design Guidelines, subject to the following conditions: 1) That the structure be completely documented with two (2) copies of such documentation submitted. Documentation shall include but not be limited to a site survey, measured drawings to include all exterior elevations, floor plans, and significant architectural detailing, photographs and any additional existing documentary information; 2) That, in the course of the demolition, no trees be removed from the site unless prior permission and tree removal permits are obtained from the Building Department, 3) That the Board and the Delray Beach Historical Society be given the opportunity by the property owner to salvage any building materials prior to demolition, 4) That a demolition permit be held until all redevelopment plans are certified by the Planning and Zoning Department and permitted concurrently by the Community Improvement Department and; 4/5 34 North Swinton Avenue—2006-420-COA HPB Meeting October 4,2006 5) That the redevelopment plans be required to meet strict historic preservation design guidelines to ensure compatibility with respect to design and massing in relation to the surrounding area. C. Move denial of the Certificate of Appropriateness for 34 North Swinton Avenue, Old School Square Historic Arts District by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 4.5.1(F)(1)(a-e) and the Delray Beach Historic Preservation Design Guidelines. RECOMMENDATION At the Board's discretion. Report Prepared by:Amy E.Alvarez,Historic Preservation Planner Attachments: • Location Map • Photographs • 2005 Florida Master Site File Record • Letter-Engineer • Letter—Chief Building Official • Correspondence Regarding Building Salvage • Future Development Information • Termite Inspection Report • Letter-Capital Construction Services 5/5 DEFRAY BEACH DEFRAY BEACH HISTORIC PRESERVATION BOARD a. MEMORANDUM STAFF REPORT III, 1993 1993 2001 2001 MEETING DATE: OCTOBER 4, 2006 AGENDA ITEM: PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION (LDR) SECTION 4.3.4(H)(6) TO REMOVE THE REQUIREMENT THAT A SIXTY-FOUR FOOT (64') SETBACK IS REQUIRED ON BOTH SIDES OF THE CENTERLINE ALONG NE 4TH STREET BETWEEN NE 6TH AVENUE/FEDERAL HIGHWAY (NORTHBOUND) AND NORTH SWINTON AVENUE. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the Planning and Zoning Board regarding a privately initiated text amendment to LDR Section 4.3.4(H)(6) as detailed in the above caption. Pursuant to LDR Section 2.2.6(D)(5), the Historic Preservation Board makes recommendations to the Planning and Zoning Board concerning amendments to the Land Development Regulations, as they apply to historic structures and districts. BACKGROUND The proposed amendment is specific to NE 4th Street between NE 6th Avenue/Federal Highway (Northbound) to Swinton Avenue. The following geographic boundaries describe the relationship of this LDR amendment to the affected historic districts, and the attached exhibits should assist in these descriptions. The south side of NE 4th Street between North Swinton Avenue and NE 1st Avenue is located within the Old School Square Historic District, where the zoning is OSSHAD (Old School Square Historic Arts District). The north side of 4th Street between North Swinton Avenue and the rear property line of the properties located along the eastside of NE 3`d Avenue is located within the Del-Ida Park Historic District, where the properties are zoned RO (Residential Office). The LDRs currently require buildings along the combination of NE 4th Street/Lake Ida Road from NE 6th Avenue/Federal Highway (northbound) to Military Trail to provide a sixty-four foot (64') setback on both sides of the centerline. The applicant requests to omit this requirement from the portion of NE 4th Street between NE 6th Avenue/Federal Highway (northbound) to North Swinton Avenue. LDR TEXT AMENDMENT:ANALYSIS Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. LDR Text Amendment To 4.3.4(H)(6)Along NE 4th Street HPB Meeting October 4, 2006 Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. Table T-1 of the Comprehensive Plan states that the ultimate right-of-way to the subject portion of NE 4th Street is eighty-feet (80') with the number of ultimate thru lanes noted as two (2). Additionally, Table T-9, "2015 Roadway Improvement Schedule", notes the 2015 roadway improvement to be expanded to four (4) lanes. However, the Comprehensive Plan also notes that the City will request a modification of the 2015 Cost Feasibility Plan to remove the aforementioned improvement. Further, the subject portion of 4th Street is located within the city's Traffic Concurrency Exemption Area (TCEA). According to Goal Area "B", Objective B-1 of the Transportation Element, streets within the TCEA are exempted from traffic concurrency requirements. The following is a description of the TCEA, as noted in the Comprehensive Plan: The City has established a Transportation Concurrency Exception Area (TCEA) to aid in the revitalization of the downtown. One purpose of defining this specific area is to gain access to the flexibility allowed for concurrency management. The TCEA provides incentives to redevelopment by eliminating transportation concurrency requirements. These incentives encourage land use planning within a compact area which enhances mobility goals with a balanced development scenario. This development pattern will result in alternatives to the use of a single occupant automobile trip for mobility needs. Therefore, the City does not foresee that the widening of NE 4th Street will occur. Further analysis shall be placed on the affect that the subject amendment will have on the two (2) historic districts located within the subject area: Old School Square Historic Arts District (OSSHAD) and Del-Ida Park. The removal of the sixty-four foot (64') setback from the ultimate right-of-way's centerline requirement would place the required setbacks to be subject to the applicable zoning district. Two properties within OSSHAD, located at 353 North Swinton Avenue and 354 NE 1st Avenue, would be subject to the required side setback of twenty-five feet (25'), should those properties apply for redevelopment. Each of these properties contains structures classified as contributing to the historic district. Within Del-Ida Park, there is a larger amount of properties within the subject area. The table below depicts those which would be affected by the proposed amendment. It is important to note that within the RO district, as all the properties listed below are, the front and side-street setbacks are both twenty-five feet (25'). Address Classification Address Classification 403 North Swinton Avenue Contributing 401 NE 2nd Avenue Contributing 15 NE 4th Street Contributing 217 NE 4th Street Non-Contributing 101 NE 4th Street Non-Contributing 4th Street (Corner of 4th Undeveloped Street&NE 3r Avenue) 103 NE 4th Street Contributing 301 NE 4th Street Non-Contributing 111 NE 4th Street Non-Contributing 2/4 LDR Text Amendment To 4.3.4(H)(6)Along NE 4th Street HPB Meeting October 4,2006 Of the eleven properties located within the subject area as noted above, seven (7) contain structures that appear to be located within or extremely close to the area where the eighty-foot (80') ultimate right-of-way would terminate. In addition, nine (9) of the subject properties contain structures that are and would continue to be located within the required front setback. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) reviewed the text amendment at its meeting of September 28, 2006. The recommendation will be available at the meeting. The Pineapple Grove Main Street committee will review and make a recommendation at its meeting of October 4, 2006. The Downtown Development Authority (DDA) will review and make a recommendation at its meeting of October 9, 2006. Letters of objection and support, if any, will be presented at the Historic Preservation Board meeting. ASSESSMENT AND CONCLUSION At present, the required setback off of NE 4th Street is sixty-four feet (64') as measured from the centerline of the ultimate-right-of-way. Should the right-of-way ever be improved to eighty-feet (80') as noted in the Comprehensive Plan, the setback (front and side-street) for the above noted historic district properties located within the subject area, would provide an additional one foot (1') off of NE 4th Street. Therefore, the LDR amendment can be supported as it would provide for additional space between the right-of-way and the foremost buildable area of the property. However, eminent domain would need to occur, as many existing structures are located within the ultimate right-of-way area. ALTERNATIVE ACTIONS A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the text amendment to Land Development Regulation (LDR) section 4.3.4(H)(6) to remove the requirement that a sixty- four foot (64') setback be required on both sides of the centerline along NE 4th Street between NE 6th Avenue/Federal Highway (northbound) and North Swinton Avenue 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 the criteria set forth in Section 2.4.5(M) of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the text amendment to Land Development Regulation (LDR) section 4.3.4(H)(6) to remove the requirement that a sixty- four foot (64') setback be required on both sides of the centerline along NE 4th Street between NE 6th Avenue/Federal Highway (northbound) and North Swinton Avenue by adopting the findings of fact and law contained in the Staff Report and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Section 2.4.5(M) of the Land Development Regulations. 3/4 LDR Text Amendment To 4.3.4(H)(6)Along NE 4th Street HPB Meeting October 4,2006 RECOMMENDED ACTION Move a recommendation of approval to the City Commission for the text amendment to Land Development Regulation (LDR) section 4.3.4(H)(6) to remove the requirement that a sixty-four foot (64') setback be required on both sides of the centerline along NE 4th Street between NE 6th Avenue/Federal Highway (northbound) and North Swinton Avenue 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 the criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Report Written and Prepared By: Amy E. Alvarez, Historic Preservation Planner Attachments: • Proposed LDR amendment • Applicant's Justification Statement • Location maps 4/4 DELRAY BEACH All-America City 1 I 1993 2001 SIGN IN SHEET 2001 Regular Historic Preservation Board Meeting October 4, 2006 PRINT FULL NAME ADDRESS OR ITEM NO. ORGANIZATION kki‘CL �'D l . /M 1-bY1 ckki 36 SCDD crIT6t hOa 711M-1-- 3-52-) /4! ST7c:z-e_ ! s v c Se 7-a" /c lL i l' C JCS i ` s . C�r� Au' . -��_ 2 5 S I ) 4 ,AR Y P. ELlo Pou Lo s 'flip: gLl0Pout.°3 RCN l>rEGT S eos re*j /CJv,/ a?o S GEtaeG E BUJ ill1 DD .0 C� AGENDA HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: October 4, 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. CERTIFICATES OF APPROPRIATENESS A. 246 North Swinton Avenue, Old School Square Historic Arts District, Lynda Kidd, Owner. Consideration of 2006-437-COA associated with as-built shutters and proposed color changes to a contributing structure. B. 34 North Swinton Avenue, Old School Square Historic Arts District— Genesis, LLC, Owner; Kirk Joseph Witecha, Authorized Agent. Consideration of 2006-420-COA associated with the demolition of a contributing structure. III. DISCUSSION AND ACTION ITEMS A. Forward a recommendation to the Planning and Zoning Board for a privately initiated amendment to LDR Section 4.3.4(H)(6) to remove the requirement that a sixty-four foot (64') setback is required on both sides of the centerline along NE 4th Street between NE 6th Avenue/Federal Highway (northbound) and North Swinton Avenue. IV. REPORTS AND COMMENTS • Public Comments • Reports from Historic District Representatives • Board Members • Staff V. ADJOURN • Amy E. Alvarez Historic Preservation Planner Posted on: September 27, 2006 UELIUY BEACH UELBAY BEACH HISTORIC PRESERVATION BOARD gII� MEMORANDUM STAFF REPORT III/' ,993 1993 2U01 '007 Property Owner/Applicant: Lynda Kidd Project Location: 246 North Swinton Avenue, Old School Square Historic Arts District HPB Meeting Date: October 4, 2006 COA: 2006-437 ITEM BEFORE THE BOARD The item before the Board is consideration of a Certificate of Appropriateness request for approval of an exterior color change and as-built accordion shutters on a contributing structure located at 246 North Swinton Avenue, Old School Square Historic Arts District, pursuant to LDR Section 2.4.6(H). BACKGROUND/PROJECT DESCRIPTION The subject property, consisting of Lot 1, Block 58, Metcalfs Subdivision, is located on the southwest corner of North Swinton Avenue and NW 3Ed Street. The structure, which was built in 1941 in the Minimal Traditional style, is considered a contributing building in the Old School Square Historic Arts District. Previous applications on file for the subject property include administrative approval of exterior color changes and front door alteration in 2004. Building permit records show that all windows were replaced in 1996. The permit was closed out on August 16, 1996. It was on October 1, 1996 when the building code required that all permits to replace windows contain hurricane protection. On September 5, 2006, the City's Code Enforcement Office cited the property owner for neither obtaining HPB approval nor a building permit for the installation of accordion shutters. The shutters have been installed on all facades. The applicant was given seven days to apply for a COA or face a $250/day fine. The application before the Board is the review of the as-built accordion shutters and an exterior color change. The structure is currently painted a light pink on the body and a bright green for the trim. The as-built accordion shutters are white. The applicant proposes to replace the pink with a shade of lavender. Color changes are typically reviewed administratively. However, due to the nature of the application, all items are to be reviewed by the Board. ANALYSIS Development Standards LDR Sections 4.5.1(E)(4) and (E)(8)(g) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The applicable standards are as follows: 246 North Swinton Avenue—2006-437-COA HPB Meeting October 4,2006 (E)(4) A historic site, or building, structure, site, improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time. (E)(8) All improvements to buildings, structures, and appurtenances shall be visually compatible. Visual compatibility shall be determined in terms of height, front facade proportion, proportion of openings (windows and doors), rhythm of solids to voids on front facades, rhythm of buildings on streets, rhythm of entrance and/or porch projections, relationship of materials, texture and color, roof shapes, walls of continuity, scale of building, directional expression of front elevation. The following applies to the subject application: (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building shall be visually compatible with the predominant materials used in the historic sites, buildings, and structures within a historic district Delray Beach Historic Preservation Design Guidelines state and recommend the following with respect to colors and hurricane protection: • The choice of paint color for the exterior of a.historic property is a combination of personal taste, and in historic districts, consideration as to how that paint color will affect the character of the neighborhood. • The combination of colors selected for wall mass, trim and decorative elements should be complimentary and should avoid disharmony or color clashes. • Certain architectural styles lend themselves to different color treatments. • Window shutters that are removable are preferred. • If the tracks are to be installed year-round, they should be painted to match the exterior surface. • Accordion or roll-down shutters should only be considered when they are in locations not visible from the public right-of-way. When choosing colors for a historic building, consideration should be given to the age of the property, architectural style and details, and the color of the surrounding buildings. Simpler structures require fewer colors and, to avoid disharmony, consideration should be given to their vibrancy and staying within a single color family using differing shades to create subtle rather than extreme contrasts. It is also worth remembering that darker colors are more likely to fade and can be difficult to touch up. The proposed lavender (Smoky Grape) color should be revised and consideration given to a color with less contrasting values from the existing (to remain) trim color (Shaded Spruce). Removable hurricane shutters are the preferred option for all buildings in historic areas, particularly those classified as contributing to the historic district within it exists. Permanent shutters visible from the right-of-way can have a visual impact on the structure as well as the district. The shutters on the rear (east) and south side elevations may not be visible from the public right-of-way while all of those that have been installed on the front and north side elevations are highly visible as the structure is located on a corner lot. Therefore, in accordance with the Design Guidelines, it is recommended that removable storm panels or some other appropriate method of storm protection is at least considered for the windows located on the front (west) and side (north) elevations. While all applications are considered on a case-by- case basis, it should be noted that similar proposals have been before the Board in the past with respect to accordion shutters (See Appendix A). 2/4 246 North Swinton Avenue—2006-437-COA - HPB Meeting October 4,2006 The proposed exterior color change (lavender-body) as well as the proposal to install aluminum accordion shutters on the windows visible from the public right-of-way cannot be supported as they are inconsistent with respect to LDR Sections 4.5.1(E)(8)(g) and the Delray Beach Historic Preservation Design Guidelines. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of COA-2006-437 for 246 North Swinton Avenue, Old School Square Historic Arts District 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 4.5.1(E)(4) and (E)(8)(g) of the Land Development Regulations and the Delray Beach Historic Preservation Design Guidelines, subject to conditions. C. Move denial of COA-2006-437 for 246 North Swinton Avenue, Old School Square Historic Arts District by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 4.5.1(E)(4) and (E)(8)(g) of the Land Development Regulations and the Delray Beach Historic Preservation Design Guidelines. RECOMMENDATION Move approval of COA-2006-437 for 246 North Swinton Avenue, Old School Square Historic Arts District 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 4.5.1(E)(4) and (E)(8)(g) of the Land Development Regulation the Delray Beach Historic Preservation Design Guidelines, subje owing conditions: 1) That consideration be given to ch a the proposed body color to provide less contrast with the existing trim color; 2) That removable storm panels or some other appropriate method of storm protection be installed for the windows at on the front (west) and side (north) elevations, and; 3) If removable,panels are installed, the tracks or channels should be painted to match the exterior of-the building. i-- -j �� /' Report Preparedpa by:Amy E.Alvarez, Historic Preservation Planner Attachments: • Location Map • Florida Master Site File Survey 2005 • Photographs 3/4 246 North Swinton Avenue—2006-437-COA HPB Meeting October 4, 2006 APPENDIX A Previous Applications RE: Accordion Shutters Address Historic District Classification Meeting Dates 222 Palm Court Del-Ida Park Non-Contributing (1956) 01.19.05, 02.02.05, 02.16.05 Action After reviewing the item, the Board approved the application with the following conditions: 1) That removable storm panels or some other appropriate method of storm protection be installed for the windows at the front of the property which are not screened by the arcade. 2) If removable panels are installed the tracks or channels should be painted to match the exterior of the building. Address Historic District Classification Meeting Date 10 NE 7th Street Del-Ida Park Non-Contributing (1956) 10.01.03 Action After reviewing the item, the Board approved the application with the following conditions: 1) That the tracks/channels are placed as close to the windows/doors (openings) as possible so that no paint shows through or that a negligible amount is viewed; and, 2) That the proposed accordion shutters on the first floor of the front façade for the two, paired French doors be changed to removable storm panels. Previous Applications RE: Color Changes Address Historic District Classification/Style Meeting Dates 33 Palm Square Marina Contributing (1938) 06.01.05, 09.07.05 Minimal Traditional Action The owner was originally cited through code enforcement for painting the structure without a COA. The applicant applied and after reviewing the item, the Board held the application for a revised color scheme. The applicant obtained administrative approval and repainted the structures. 4/4 UEuNAY BEACH PEUTAY BEACH Itzgbi HISTORIC PRESERVATION BOARD III, MEMORANDUM STAFF REPORT III,. i20U1 20U1993 i993 Property Owner/Applicant: Genesis LLC; Kirk Joseph Witecha Project Location: 34 North Swinton Avenue, Old School Square Historic Arts District HPB Meeting Date: October 4, 2006 COA: 2006-420 ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA) associated with the demolition of a contributing structure located at 34 North Swinton Avenue, Old School Square Historic Arts District, pursuant to Land Development Regulations (LDR) Section 2.4.6(H). BACKGROUND/ PROJECT DESCRIPTION, The subject property, consisting of Town of Delray, South 25.3 Feet of Lot 10 and North 24.7 Feet of Lot 11, Block 60, is located on the west side of North Swinton Avenue between West Atlantic Avenue and NW First Street. The property is zoned Old School Square Historic Arts District (OSSHAD). A frame vernacular style, contributing structure, constructed in 1922 is located on the lot. Prior to the subject application, there are no recent administrative or Board actions pertaining to this property. However, the City's Code Enforcement Division has documented the following: 2001 — Front porch was removed without a permit or HPB approval. 2001 —Abandoned house occupied by vagrants; rotted siding covered with aluminum, boarded up areas over openings to be painted to match exterior. 2001 —Abandoned house partially boarded up being occupied by vagrants. 2006—Abandoned house. The current proposal is for the demolition of the historic structure. The applicant intends to move the historic bungalow structure located on the neighboring property to the south (24 North Swinton Avenue) onto the CRA property located at 20 North Swinton Avenue. The two lots (24 and 34 North Swinton Avenue) would then be redeveloped into a mixed-use project potentially containing a three-story structure offering both retail and residential units. Both the relocation of the bungalow and mixed-use development proposal will require review of Class V Site Plan and Certificate of Appropriateness applications to be submitted at a later date and subject to the Board's review. With respect to the current application, the applicant has stated that the building is "beyond salvage" and that they have looked for someone to move the building off the property in order to save and relocate it to another area of the city. However, those attempts were not successful. The applicant provided a letter from Robert J. Selinsky, P.E., Vice President of Engineering, McCarthy and Associates, dated February 13, 2006. The letter states that a site visit was conducted on February 10, 2006 at which time the following was noted: 34 North Swinton Avenue—2006-420-COA HPB Meeting October 4, 2006 "...it was observed to be uninhabited and not maintained. Windows and doors were observed to be missing. Several openings were observed to be boarded closed. The current structural condition...was considered to be extremely poor. It is our professional opinion that to bring the structural condition of the building up to meet the current Florida Building Code would require extensive structural analysis, design, and cost prohibitive renovation. Based on our observation, we consider the existing residence to be structurally inadequate and unsafe for occupancy." It must be noted that there is currently a six-month moratorium in effect on all application submittals for properties located within all of the city's five historic districts. However, the ordinance does allow for the submittal of demolitions if the structure is deemed unsafe by the City's Chief Building Official. The applicant has sought this documentation dated August 16, 2006, which states the following: ":.based on the recommendation provide (sic) by your company, McCarthy & Assoc. and the engineer Robert Selinsky from your office, the `analysis, design and renovation' of the structure to be 'structurally inadequate and unsafe for occupancy' And as such can be demolished." At the meeting of September 6, 2006, the Board reviewed the subject application and requested the following additional information: 1. A termite inspection report; 2. An analysis from a licensed contractor regarding renovation costs, and; 3. A further detailed engineering report and/or representation by an engineer. The applicant has submitted a termite report dated September 11, 2006 (see attached), which notes evidence of wood-destroying organisms. The report recommends treatment for termites, and reparation and/or replacement of all damaged wood. In addition, a letter to the applicant by Brett Johnson, President of Capital Construction Services, Inc was submitted (see attached). The letter, dated September 13, 2006 notes that the "building is well beyond repair". Additional comments included an estimate of$140,000 as a "preliminary budget to repair the existing structure subject to Architectural/Engineering review and termite damage". DEMOLITION FINDINGS'(ANALYSIS DEMOLITION Pursuant to LDR Section 4.5.1(E)(4), a historic site, or building, structure, site, improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time. Pursuant to LDR Section 4.5.1(F)(1), the HPB shall consider the following guidelines in evaluating applications for a COA for demolition of historic buildings or structures within designated historic districts: a) Whether the structure is of such interest or quality that it would reasonably fulfill the criteria for designation for listing in the National Register. The 2005 Historic Structure Form generated during the resurvey of the Old School Square Historic Arts District notes that the building is not individually eligible for 2/5 34 North Swinton Avenue—2006-420-COA HPB Meeting October 4,2006 listing on the National Register. However, should the Old School Square Historic Arts District be nominated for the National Register, the subject historic structure is a contributor to such designation. b) Whether the structure is of such design, craftsmanship, or material that it could be reproduced only with great difficulty or economically nonviable expense. A reproduction of this structure would be exactly that, a reproduction, which is something that would not be considered contributing to the historic district as it would not be significant on its own merit. c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the city. While not the last remaining example of a Frame Vernacular style structure within the city, the city is quickly losing its historical resources one by one, diminishing its historic stock. Therefore, it could be deemed one of the last remaining examples, because this style is no longer reproduced, rather inspires other designs. Only a minimal amount of structures in Delray Beach are deemed contributing, as all other potentially contributing structures are not protected, and this is particularly true of the Old School Square Historic Arts District. Therefore, reparation to those contributing structures should be taken into consideration rather than demolition. When a historic structure, whether it is deemed contributing or non-contributing, is purchased, its restoration and/or renovation should always be the first priority of the homeowner. Otherwise, there are many properties without such designation where one could demolish the existing structure without any problems. d) Whether retaining the structure would promote the general welfare of the city by providing an opportunity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. Retaining the structure would provide a look into the importance and value of an example of the City's architectural culture and heritage. e) Whether there are definite plans for immediate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on the character of the surrounding area. As mentioned above, there are plans to redevelop the property. However, the extent of the plans is unknown as the application is not yet before the Board, providing for the potential to demolish without redevelopment. Pursuant to LDR Section 4.5.1(F)(6), the Board may, with the consent of the property owner, request that the owner, at the owner's expense, salvage and preserve specified classes of building materials, architectural details and ornaments, fixtures, and the like for reuse in the restoration of the other historic properties. The Board may, with the consent of the property owner, request that the Delray Beach Historical Society, or the owner, at the owner's expense, record the architectural details for archival purposes prior to demolition. The recording may include, but shall not be limited to photographs, documents, and scaled architectural drawings. At the Board's option, and with the property owner's consent, the Board or the Delray Beach Historical Society may salvage and preserve building materials, architectural details, and ornaments, textures, and the like at their expense, respectively. 315 34 North Swinton Avenue—2006-420-COA HPB Meeting October 4,2006 The Delray Beach Historical Society requests "that in the event of an approved demolition of a building that is 50 years old or older...we be given the opportunity to salvage building materials...". See attachments for a complete copy of the request. The Delray Beach Historic Preservation Design Guidelines point out that "the act of demolition is an irreversible act that requires the utmost consideration and search for alternatives." ANALYSIS The demolition of a historic structure is a loss to the community and the city. It is unfortunate that the dwelling has fallen victim to demolition by neglect as it is in poor condition. However, poor condition caused by neglect should not be accepted as a reason for demolishing a historic structure. Although there are plans for the redevelopment of the property, it should be noted that, should the demolition be approved, the new design will be required to meet strict historic preservation design guidelines to ensure compatibility with design and massing within the Old School Square Historic Arts District and the surrounding area. While the Board can impose a six month delay in the demolition of a contributing structure to allow another site to be found for its relocation, the applicant, as previously noted, has attempted this approach prior to the application submittal. However, Staff has received public inquiries regarding the structure and their possibilities to salvage it either in its present location or through relocation, which is always preferable to demolition. Additionally, there are properties which have received approval for demolition with the intent to redevelop. However, the historic structure is then demolished and the property remains vacant and undeveloped for an extensive amount of time, and the property may not ever be redeveloped. In the meantime, the property may change ownership or an opportunity to salvage the structure may be missed. Therefore, it should be taken into consideration that, should the demolition be approved, that the building not be demolished until the redevelopment plans have been certified by the Planning and Zoning Director and a building permit issued for the new construction. Based upon the above, Staff recommends that the Board take all information into consideration with regard to the above noted sections of the Land Development Regulations. ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of the Certificate of Appropriateness for 34 North Swinton Avenue, Old School Square Historic Arts District by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 4.5.1(F)(1)(a-e) and the t, Delray Beach Historic Preservation Design Guidelines, subject to the following conditions: r\O 1) That the structure be completely documented with two (2) copies of such documentation submitted. Documentation shall include but not be limited to a site survey, measured drawings to include all exterior elevations, floor plans, and significant architectural detailing, photographs and any additional existing \ documentary information; 2) That, in the course of the demolition, no trees be removed from the site unless prior permission and tree removal permits are obtained from the Building Department, 3) That the Board and the Delray Beach Historical Society be given the opportunity by the property owner to salvage any building materials prior to demolition, 4) That a demolition permit be held until all redevelopment plans are certified by the Planning and Zoning Department and permitted concurrently by the Community Improvement Department and; 4/5 34 North Swinton Avenue—2006-420-COA HPB Meeting October 4,2006 5) That the redevelopment plans be required to meet strict historic preservation design guidelines to ensure compatibility with respect to design and massing in relation to the surroindi area. N C. Move fltaf-o the Certificate of Appropriateness for 34 North Swinton Avenue, Old School Square Historic Arts District by adopting the findings of fact and law contained in V .3\q the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 4.5.1(F)(1)(a-e) and the Delray Beach Historic Preservation Design Guidelines. r RECOMMENDATION 1/ At the Board's discretion. Report Prepared by:Amy E.Alvarez, Historic Preservation Planner Attachments: • Location Map • Photographs • 2005 Florida Master Site File Record • Letter-Engineer • Letter—Chief Building Official • Correspondence Regarding Building Salvage • Future Development Information • Termite Inspection Report • Letter-Capital Construction Services 5/5 • DEIRAY REACH DEIRAY BEACH HISTORIC PRESERVATION BOARD 'ms � MEMORANDUM `STAFF REPORT III/ 1993 1993 2001 2001 MEETING DATE: OCTOBER 4, 2006 AGENDA ITEM: PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION (LDR) SECTION 4.3.4(H)(6) TO REMOVE THE REQUIREMENT THAT A SIXTY-FOUR FOOT (64') SETBACK IS REQUIRED ON BOTH SIDES OF THE CENTERLINE ALONG NE 4TH STREET BETWEEN NE 6TH AVENUE/FEDERAL HIGHWAY (NORTHBOUND) AND NORTH SWINTON AVENUE. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the Planning and Zoning Board regarding a privately initiated text amendment to LDR Section 4.3.4(H)(6) as detailed in the above caption. Pursuant to LDR Section 2.2.6(D)(5), the Historic Preservation Board makes recommendations to the Planning and Zoning Board concerning amendments to the Land Development Regulations, as they apply to historic structures and districts. BACKGROUND The proposed amendment is specific to NE 4th Street between NE 6th Avenue/Federal Highway (Northbound) to Swinton Avenue. The following geographic boundaries describe the relationship of this LDR amendment to the affected historic districts, and the attached exhibits should assist in these descriptions. The south side of NE 4th Street between North Swinton Avenue and NE 1st Avenue is located within the Old School Square Historic District, where the zoning is OSSHAD (Old School Square Historic Arts District). The north side of 4th Street between North Swinton Avenue and the rear property line of the properties located along the eastside of NE 3Ed Avenue is located within the Del-Ida Park Historic District, where the properties are zoned RO (Residential Office). The LDRs currently require buildings along the combination of NE 4th Street/Lake Ida Road from NE 6th Avenue/Federal Highway (northbound) to Military Trail to provide a sixty-four foot (64') setback on both sides of the centerline. The applicant requests to omit this requirement from the portion of NE 4th Street between NE 6th Avenue/Federal Highway (northbound) to North Swinton Avenue. LDR TEXT AMENDMENT ANALYSIS Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. LDR Text Amendment To 4.3.4(H)(6)Along NE 4t'Street HPB Meeting October 4,2006 Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. Table T-1 of the Comprehensive Plan states that the ultimate right-of-way to the subject portion of NE 4th Street is eighty-feet (80') with the number of ultimate thru lanes noted as two (2). Additionally, Table T-9, "2015 Roadway Improvement Schedule", notes the 2015 roadway improvement to be expanded to four (4) lanes. However, the Comprehensive Plan also notes that the City will request a modification of the 2015 Cost Feasibility Plan to remove the aforementioned improvement. Further, the subject portion of 4th Street is located within the city's Traffic Concurrency Exemption Area (TCEA). According to Goal Area "B", Objective B-1 of the Transportation Element, streets within the TCEA are exempted from traffic concurrency requirements. The following is a description of the TCEA, as noted in the Comprehensive Plan: The City has established a Transportation Concurrency Exception Area (TCEA) to aid in the revitalization of the downtown. One purpose of defining this specific area is to gain access to the flexibility allowed for concurrency management. The TCEA provides incentives to redevelopment by eliminating transportation concurrency requirements. These incentives encourage land use planning within a compact area which enhances mobility goals with a balanced development scenario. This development pattern will result in alternatives to the use of a single occupant automobile trip for mobility needs. Therefore, the City does not foresee that the widening of NE 4th Street will occur. Further analysis shall be placed on the affect that the subject amendment will have on the two (2) historic districts located within the subject area: Old School Square Historic Arts District (OSSHAD) and Del-Ida Park. The removal of the sixty-four foot (64') setback from the ultimate right-of-way's centerline requirement would place the required setbacks to be subject to the applicable zoning district. Two properties within OSSHAD, located at 353 North Swinton Avenue and 354 NE 1st Avenue, would be subject to the required side setback of twenty-five feet (25'), should those properties apply for redevelopment. Each of these properties contains structures classified as contributing to the historic district. Within Del-Ida Park, there is a larger amount of properties within the subject area. The table below depicts those which would be affected by the proposed amendment. It is important to note that within the RO district, as all the properties listed below are, the front and side-street setbacks are both twenty-five feet (25'). Address Classification Address Classification 403 North Swinton Avenue Contributing 401 NE 2nd Avenue Contributing 15 NE 4th Street Contributing 217 NE 4th Street Non-Contributing 101 NE 4th Street Non-Contributing 4th Street (Corner of 4th Undeveloped Street&NE 3ra Avenue) 103 NE 4th Street Contributing 301 NE 4th Street Non-Contributing 111 NE 4th Street Non-Contributing 2/4 LDR Text Amendment To 4.3.4(H)(6)Along NE 4`r Street HPB Meeting October 4,2006 Of the eleven properties located within the subject area as noted above, seven (7) contain structures that appear to be located within or extremely close to the area where the eighty-foot (80') ultimate right-of-way would terminate. In addition, nine (9) of the subject properties contain structures that are and would continue to be located within the required front setback. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) reviewed the text amendment at its meeting of September 28, 2006. The recommendation will be available at the meeting. The Pineapple Grove Main Street committee will review and make a recommendation at its meeting of October 4, 2006. At/114,-" nz/Y .fik trl'e"( The Downtown Development Authority (DDA) will review and make a recommendation at its meeting of October 9, 2006. Letters of objection and support, if any, will be presented at the Historic Preservation Board meeting. ASSESSMENT AND CONCLUSION At present, the required setback off of NE 4th Street is sixty-four feet (64') as measured from the centerline of the ultimate-right-of-way. Should the right-of-way ever be improved to eighty-feet (80') as noted in the Comprehensive Plan, the setback (front and side-street) for the above noted historic district properties located within the subject area, would provide an additional one foot (1') off of NE 4th Street. Therefore, the LDR amendment can be supported as it would provide for additional space between the right-of-way and the foremost buildable area of the property. However, eminent domain would need to occur, as many existing structures are located within the ultimate right-of-way area. ALTERNATIVE ACTIONS A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the text amendment to Land Development Regulation (LDR) section 4.3.4(H)(6) to remove the requirement that a sixty- four foot (64') setback be required on both sides of the centerline along NE 4th Street between NE 6th Avenue/Federal Highway (northbound) and North Swinton Avenue 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 the criteria set forth in Section 2.4.5(M) of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the text amendment to Land Development Regulation (LDR) section 4.3.4(H)(6) to remove the requirement that a sixty- four foot (64') setback be required on both sides of the centerline along NE 4th Street between NE 6th Avenue/Federal Highway (northbound) and North Swinton Avenue by adopting the findings of fact and law contained in the Staff Report and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Section 2.4.5(M) of the Land Development Regulations. 3/4 LDR Text Amendment To 4.3.4(H)(6)Along NE 4th Street HPB Meeting October 4, 2006 RECOMMENDED,ACTION .Y Move a recommendation of approval to the City Commission for the text amendment to Land J� Development Regulation (LDR) section 4.3.4(H)(6) to remove the requirement that a sixty-four foot (64') setback be required on both sides of the centerline along NE 4th Street between NE 6th Avenue/Federal Highway (northbound) and North Swinton Avenue 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 the criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Report Written and Prepared By: Amy E. Alvarez, Historic Preservation Planner Attachments: • Proposed LDR amendment • Applicant's Justification Statement • Location maps 4/4 HISTORIC PRESERVATION BOARD October 4, 2006 MEETING COMMENCED: 6:05 p.m. II.A. II. B. III.A. NAME ATTEND 246 N. Swinton 34 North Swinton Remove 64'Setback OSHAD-Shutters OSHAD Demolition VOTE: PASSED 5 to 2 W/NO Passed 5 to 2 Passed 7 to 0 CONDITIONS JOHN E. MILLER,JR.,Chair P Y Y Y JOANNE PEART P MADE MOTION Y NO Y MAURA DERSH,Vice-Chair P NO SECONDED Y SECONDED Y LINDA LAKE P NO MADE MOTION Y MADE MOTION Y JEANNETTE DOBSON P Y Y Y RANDEE SCHATZ P SECONDED Y Y Y TONI DE; FIANDRA P Y NO Y MEETING ADJOURNED: 8:15 P.M. HISTORIC PRESERVATION BOARD October 4, 2006 el)67, � � � �Meeting Convened: 6: p.m. II.A. I. B. III.A. NAME ATTEND 246 N. Swinton 34 N rth Swinton Remove 64' OSHAD ,C� OH AD -Demo. setback / VOTE: 0.--)60,ae-,..) ; JOHN E. MILLER, JR., Chair y I I Y JOANNE PEART Y V `l MAURA DERSH,Vice-Chair ` Y LINDA LAKE No \/ 7 JEANNETTE DOBSON \/ Y y .. Ni v RANDEE SCHATZ Y lL / 14 / TONI DIfIANDRA D(21- t / r�/ a ,V C L. PI A- ,J b r-4 New Chairman: John E. Miller, Jr. New Vice Chair: Maura Dersh Meeting Adjourned: p.m. C)\g' Ott 0 Y\ \r, Of\° Nix 0 0 69,