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HPB-02-20-02 MINUTES OF THE HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA PUBLIC HEARING MEETING DATE: FEBRUARY 20, 2002 LOCATION: FIRST FLOOR CONFERENCE ROOM I. ROLL CALL The meeting was called to order by the Chairman at 6:02 P.M. Upon roll call it was determined that a quorum was present. MEMBERS PRESENT: Mary Lou Jamison, Gail-Lee McDermott, Dave Bodker, Gloria Elliott, Mike Simon, Rhonda Sexton MEMBERS ABSENT: Donnamarie Sloan STAFF PRESENT: Wendy Shay, Loretta Heussi, Brian Shutt II. CERTIFICATES OF APPROPRIATENESS A. 223 NW 1st Avenue, Residence, Old School Square Historic District. Ron Brito, Authorized Agent. Item Before the Board: Action requested of the Board is that of consideration of a Certificate of Appropriateness for the conversion of a garage to a guest cottage. Ms. Shay presented the project. Mr. Brito was present to represent the applicant. Ms. McDermott expressed her concern about the condition to retain the garage door. Mr. Brito stated that he believed the garage door was installed approximately two years ago. Ms. Shay stated that if that was the case, staff could support the alteration and removal of the door. It was moved by Ms. Elliott, seconded by Ms. Sexton and passed 6-0 to approve the Certificate of Appropriateness request to install a raised panel entrance door, rear French door, and awning windows for the contributing garage structure at 223 NW 1st Avenue, based upon positive findings with respect to LDR Sections 2.4.6(J)(5) and 4.5.1(E)(8)(g), (E)(4), (E)(8)(c), & (E)(8)(d), and the Design Guidelines, subject to the following conditions: 2/20/02 1) The guest cottage must not exceed 700 square feet or occupy more than 1/20th of the lot area. In addition, the space must be occupied by family occupying the principal dwelling or their non-paying guests. 2) That the siding on the garage be changed to clapboard siding to compliment the main historic building. B. Strauss Residence, 30 SE 1st Avenue, Old School Square Historic District, Martin Thorn, Authorized Agent. Item Before the Board: Action requested of the Board is approval of a Certificate of Appropriateness for the replacement of windows, pursuant to LDR Section 2.4.6(J). Ms. Shay presented the project. Mr. Thorn was present to represent the project. Mr. Thorn stated that aluminum windows were previously approved. Ms. Shay stated that the COA approval is limited to 18 months and the original approval was in 1996. Mr. Thorn stated that the openings will not have to be modified to accommodate the new windows. A long discussion between the Board and the authorized agent ensued regarding whether the windows should be replaced in-kind with wood frame. Michelle Balfoort recommended the installation of a wood frame, vinyl clad window as an alternative. It was moved by Ms. McDermott, seconded by Ms. Sexton and passed 6-0 to table the item until the meeting of March 20, 2002. C. Baccari Residence, 112 NE 1st Avenue, Old School Square Historic District, John Baccari, Owner. Item Before the Board: Action requested of the Board is approval of a Certificate of Appropriateness for the addition of a one-story carport, pursuant to LDR Section 2.4.6(J). Ms. Shay presented the project. Mr. Baccari was present to represent the applicant. -2- HPB Minutes 2/20/02 It was moved by Mr. Sloan, seconded by Ms. Sexton and passed 6-0 to approve the Certificate of Appropriateness request for the addition of a carport on the outbuilding (garage) at 112 NE 1st Avenue, based upon positive findings with respect to LDR Section 4.5.1(E)(8)(g) and the Delray Beach Design Guidelines. D. Lot 6, Block 1, Adjacent to 5 NE 7th Street, Vacant Lot, Del Ida Park, Jane Sullivan, Owner. Item Before the Board: Action requested of the Board is consideration of a waiver request for a non-conforming lot (Lot 6, Del-Ida Park), pursuant to LDR Section 4.1.4(C). Ms. Shay presented the project. Ms. Sullivan was present to represent the project. Ms. Sullivan stated that her neighbors are interested in purchasing the lot . Jim Remderg, one of the neighbors, was present to concur with their plans to improve the lot. Mr. Simon expressed his concern over granting waivers as a special privilege. It was moved by Mr. Bodker, seconded by Ms. McDermott, and passed 6- 0 to recommend to the City Commission approval of a waiver request for the property consisting of Lot 6, Block 1 of Del-Ida Park, based upon positive findings with respect to LDR Section 2.4.7(B), subject to the following condition: 1) If the waiver is approved, a request for a variance must be submitted before the Board prior to approval. E. Sundy Harvest Block, SW 1st Street between S. Swinton Avenue and SW 1st Avenue, Old School Square Historic District, Michelle Balfoort, Authorized Agent. Item Before the Board: Action requested of the Board is approval of a Certificate of Appropriateness and associated Class V Site Plan, Landscape Plan, Design Elements, and associated demolition of two non- contributing structures, for the conversion of two contributing structures for retail/commercial use. Ms. Shay presented the project. -3- HPB Minutes 2/20/02 Ms. Balfoort and John Szerdi were present to represent the applicant/owner. Ms. Balfoort detailed the need for a waiver to allow parking in front of the building and that she was unaware of the stacking issue. Further, she described the project and the pedestrian friendly feel of the public garden and landscaping. Mr. Szerdi requested clarification concerning solids to voids. Ms. Shay stated that solids to voids concerned both the streetscape and design elements. Mr. Szerdi presented a study of the development pattern of the neighborhood and stated that there are many vacant lots surrounding the project and to the east of the proposed project. Ms. Shay stated that the Downtown Master Plan focuses on density and consistency with solid to voids and that it was inconsistent within the Old School Square Historic District. In fact, recent trends have created the vacant lots seen today. Mr. Simon requested additional information regarding the parking area and whether it will be appropriate on the site. Mr. Szerdi supported the additional parking where the non-contributing building is currently located. Ms. Shay re-iterated that landscaping will not fill the void of where the building once stood. Mr. Szerdi requested that the item be tabled with conditions. Brian Shutt, Assistant City Attorney, stated that if the item was tabled that conditions cannot be placed on it. After much discussion, it was moved by Ms. McDermott, seconded by Ms. Sexton, and passed 6-0 to table the Sundy Harvest project until the meeting of March 20, 2002. F. Management Systems, Commercial Building, SW corner of NE 1st Avenue and NE 2nd Street, Old School Square Historic District, Jeffrey Silberstein, Authorized Agent. Item Before the Board: Approval of a COA which incorporates aspects of the development proposal including a Class V Site Plan, Design Elements, and Variance Request. -4- HPB Minutes 2/20/02 Brian Shutt, Assistant City Attorney, requested that anyone giving testimony on this item be sworn in. Ms. Heussi swore in those wishing to speak. Mr. Shutt also requested that any ex parte communication be disclosed by the Board. None was stated. Ms. Shay presented the project. Mr. Silberstein was present to represent the project. Glenn Weiss, director of Pineapple Grove Main Street, did not support the reduction of the setback though the committee feels the design is appropriate in context with the surrounding properties. Robert Saraga, 201 NE 1st Avenue, stated his concern over granting the variance. He further stated that the property would not support the project with the required parking and that the variance should not be granted due to the fact that overflow parking could end up in the Banker's Row parking lot. He further stated that any additional parking required for new construction should be contained on site. Mr. Saraga also discussed his concerns over the design elements of the building and that this design will not compliment the surrounding properties. Brian Lipshe, partner to Mr. Saraga at 201 NE 1st Avenue, concurred with Mr. Saraga's concerns. Mr. Silberstein re-iterated that the project will improve the right-of-way and that the design was appropriate. Mr. Simon requested clarification on the right-of-way dedication. Ms. Shay stated that it was a consistent request with all properties along NE 1st Avenue upon modification of their property. Ms. McDermott requested shutter dogs be installed along all the long shutters both top and bottom. Mr. Weiss re-iterated his concern over granting the variance and expressed a concern regarding how the new building will appear in relation to the surrounding buildings as they are set back at least 25' from the right-of-way. Variance Request -5- HPB Minutes 2/20/02 It was moved by Mr. Bodker, seconded by Mr. Simon and passed 6-0 to approve a variance to reduce the east setback from 15 ft. to 10 ft. pursuant to LDR Section 4.5.1(J). Site Plan It was moved by Mr. Bodker, seconded by Mr. Simon, and approved 6-0, to approve the COA and associated Class V site plan for Management Systems, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan and LDR Section 2.4.5(F)(5), subject to the following conditions: 1) That the sign be submitted to the Board for review and approval. 2) That the proposed landscape and engineering plans return to the Historic Preservation Board for approval. 3) That the three (3) in-lieu parking spaces are approved by the City Commission. 4) That a photometric plan in compliance with LDR Section 4.6.8 is provided. 5) That a bicycle rack is provided onsite. 6) That the proposed sidewalk along NE 1st Avenue is extended through the drive aisle. It was moved by Mr. Bodker, seconded by Mr. Simon and passed 6-0 to amend the motion to include an additional condition that 5' of additional right-of-way is dedicated along NE 1st Avenue. Design Elements It was moved by Mr. Bodker, seconded by Ms. Sexton, and passed 6-0 to approve the design elements for Management Systems, associated with COA-2002-038, based upon positive findings to LDR Section 4.5.1(E), Development Standards. Mr. Shutt distributed forms to be filled out when a Board Member represents a client in front of any city Board. The forms are to be submitted on a quarterly basis. Ill. REPORTS AND COMMENTS A. Reports from Historic District Representatives -6- HPB Minutes 2/20/02 None B. Board Members Mr. Simon requested that an attorney be present at a meeting with any controversial issue. Ms. Shay stated that staff requests their attendance for such matters. John Bennett requested an opportunity for public comment during the meetings. Ms. Shay will add it to the agenda. Mr. Bodker stated that the opinion of organizations such as the CRA should not be calculated as a factor when voting on projects. C. Staff Ms. Shay presented updates on code enforcement issues to the Board which was brought to her attention at the previous meeting. Ms. Jamison requested information about what can be done after the fact when property owners modify historic resources without approval. Ms. Shay requested additional information regarding replacement of windows on the Price House, 1225 Seaspray Avenue. She further stated that it will come back to the Board for review and approval. Ms. Shay stated that the next meeting on March 6, 2002 can be held at Pompey Park. The Board agreed with both the date and location. Ms. Shay explained the details of the poster contest being developed. IV. ADJOURNMENT There being no further business before the Board, the meeting adjourned. The information provided herein is the Minutes of the meeting of said body for February 20, 2002, which were formally adopted and approved by the Board on July 2, 2003. If the Minutes that you have received are not completed as indicated above, then this means that these are not the Official Minutes. They will become so after review and approval, which may involve some changes. -7- HPB Minutes 2/20/02 _ AGENDA HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: February 20, 2002 Type of Meeting: Regular Meeting Location: First Floor Conference Room Time: 6:00 P.M. 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. Pursuant to F.S.286.0105. I. CALL TO ORDER II. CERTIFICATES OF APPROPRIATENESS A. 223 NW 1st Avenue, Residence, Old School Square Historic District, Ron Brito, Authorized Agent. Consider a Certificate of Appropriateness for the conversion of a garage to a guest cottage. B. 30 SE 1st Avenue, Residence, Old School Square Historic District, Martin Thorn, Authorized Agent Consider a Certificate of Appropriateness for the replacement of windows. C. 112 NE 1st Avenue, Residence, Old School Square Historic District, John Baccari, Owner. Consider a Certificate of Appropriateness for the addition of a carport. D. Lot 6, Block 1, adjacent to 5 NE 7th Street, Vacant Lot, Del-Ida Park, Jane Sullivan, Owner. Request for a waiver for the development of a non-conforming lot. E. Sundy Harvest Block, SW 1st Street between S. Swinton Avenue and SW 1st Avenue, Old School Square Historic District, Michelle Balfoort, Authorized Agent. Consider a Certificate of Appropriateness for a Class V site plan modification with associated landscape plan and design elements for the demolition of two non- contributing structures and the conversion of two contributing structures for retail/commercial use. HPB Meeting February 20, 2002 Page 2 F. Management Systems, Commercial Building, southwest corner of NE 1st Avenue and NE 2nd Street, Old School Square Historic District, Jeffrey Silberstein, Authorized Agent. A quasi-judicial hearing Consider a Certificate of Appropriateness for a Class V site plan modification and associated design elements for the construction of a new two-story office building and a request for a variance. III. REPORTS AND COMMENTS A. Reports from Historic District Representatives B. Board Members C. Staff IV. ADJOURN Wendy Shay, Historic Preservation Planner POSTED ON: February 14, 2002 HISTORIC PRESERVATION MEMORANDUM STAFF REPORT Item: II. A. - Meeting of February 20, 2002 Consideration of a Certificate of Appropriateness for the conversion of a garage to a guest cottage. Location: 223 NW 1st Avenue ITEM BEFORE THE BOARD The item before the Board is approval of a Certificate of Appropriateness for the conversion of a garage to a guest cottage including the replacement of overhead doors and the installation of new entrance doors and awning windows, pursuant to LDR Section 2.4.6(J). BACKGROUND Located at 223 NW 1st Avenue, the residence and detached garage are one-story wood frame buildings. The frame vernacular residence and its outbuilding lie between NW 1st Street and NW 2nd Street on the east side of NW 1st Avenue in the Old School Square Historic zoning district (OSSHAD). The outbuilding (garage) consists of a board and batten exterior with a pair of decorative overhead doors on the front facade, and a flat, built up roof. A shed roof extension lies along the north elevation. Designed in the frame vernacular style, the contributing outbuilding (garage) was constructed 1940 and expresses limited architectural design notwithstanding the decorative fanlight designed windows in the overhead doors. PROJECT DESCRIPTION / ANALYSIS Project Description: The development proposal is for the conversion of the existing garage into a guest cottage with the removal of the overhead garage doors and the installation of a single, solid panel door entrance with sidelights and an aluminum-framed awning window (matching the existing windows) on the front façade facing the right-of-way. A single, French door will be installed on the rear (east) elevation including the placement of a concrete stoop to provide access to the rear entrance. The conversion will be sensitive to the original exterior details of the vernacular construction with the retention of the board and batten siding and awning windows. Guest Cottage Requirements: Pursuant to LDR Section 4.3.3 (P)(4)(b), a guest cottage can be used only for members of the family occupying the principal dwelling or their nonpaying guests. Further, the structure shall not exceed a floor area of 700 square feet or more than 1/20th of the lot area. Setbacks must also be observed. 223 NW 1st Avenue, Garage Conversion Old School Square Historic District Page 2 In order to meet the requirements as stated above, the attached shed must not be included in the floor area of the guest cottage. This provision has been attached as a condition of approval. Design Elements Analysis: LDR Section 4.5.1(E)(8)(g), (E)(4), and (E)(8)(c) (E)(8)(d) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The guidelines are as follows: The Board Shall Consider: (a) All improvement to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility can include but is not limited to: consistency in relation to materials, texture, and color of the façade of a building in association with the predominant material used in surrounding historic sites and structures within the historic district. (b) 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. (c) The openings of any building within a historic district shall be visually compatible with the openings exemplified by the prevailing historic architectural styles within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings within the district shall be visually compatible. (d) The relationship of solids to voids in the front façade of a building or structure will be visually compatible with the front facades of historic buildings or structures within the districts. The conversion is designed for pragmatic purposes in order to provide light and easy access into the structure for use as a guest cottage. The proposal is compatible with the surrounding historic structures and appurtenances of the existing garage and main residence. However, the removal of the decorative overhead doors and the addition of the front and rear entrance doors and awning windows will dramatically alter the extant historic fabric and the structure's use. The design elements for the proposed guest cottage also inhibit the contributing status of the outbuilding in relation to the main residence. Additionally, the proposed change of use alters the proportion of openings and diverts from the current solids and voids pattern of the structure's original design. The remaining board and batten siding and stucco is appropriate in its contextual relationship with the surrounding structures in the district and the style of the guest cottage will not detract from the frame vernacular style of the historic, contributing main residence. However, the proposed design is not compatible with the historic use and is not consistent with adaptive reuse projects for historic structures through the 223 NW 1st Avenue, Garage Conversion Old School Square Historic District Page 3 replacement of the overhead doors and the installation of a raised panel entrance door and sidelights and rear French door. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve 2002-109-COA-HPB for the conversion of a garage to a guest cottage for 223 NW 1st Avenue, based upon positive findings with respect to Section 2.4.6(J)(5) and 4.5.1(E)(8)(g), (E)(4), (E)(8)(c), & (E)(8)(d) Development Standards subject to conditions. C. Deny approval of 2002-109-COA-HPB for the conversion of a garage to a guest cottage for 223 NW 1st Avenue, with the basis stated. RECOMMENDATION Approve the Certificate of Appropriateness request to install a raised panel entrance door, rear French door, and awning windows for the contributing garage structure at 223 NW 1st Avenue, based upon positive findings with respect to LDR Section 2.4.6(J)(5) and 4.5.1(E)(8)(g) (E)(4), (E)(8)(c), & (E)(8)(d) and the Design Guidelines subject to the following conditions: 1) Retain the overhead doors on the front façade of the outbuilding and create a new entrance at the south elevation with the installation of the raised panel door, sidelights, and awning windows. 2) The guest cottage must not exceed 700 square feet or occupy more than 1/20th of the lot area. In addition, the space must be occupied by family of the occupying the principal dwelling or their non-paying guests. Attachments: Survey, Site Plan, Elevations, Floor Plan Report Prepared by:Wendy Shay, Historic Preservation Planner HISTORIC PRESERVATION MEMORANDUM STAFF REPORT Item: II. B - Meeting of February 20, 2002 Consideration of a Certificate of Appropriateness for the replacement of windows Location: 30 SE 1st Avenue ITEM BEFORE THE BOARD The item before the Board is approval of a Certificate of Appropriateness for the replacement of existing windows, pursuant to LDR Section 2.4.6(J). BACKGROUND The residence is a one-story structure located on the west side of SE 1st Avenue, between Atlantic Avenue and SE 1st Street in the (OSSHAD) Old School square Historic Arts District zoning district (30 SE 1st Avenue). Designed in the Mission Revival style, the contributing building was constructed in 1925 and expresses detailed architectural design with its curved parapet and textured stucco finish. On November 20, 1996, the Historic Preservation Board approved the removal of the existing jalousie windows and the installation of white aluminum single hung sash windows with a 6/1 light configuration. During the meeting of April 15, 1998, the Board reviewed the proposed conversion of the single family home to office space. A request for a waiver to allow a 3.5' landscape strip in place of a 5' strip as granted along the west property line. In addition, a recommendation was also provided to the applicant to apply for a variance and to submit revised plans for the site plan, landscape plans, and design elements related to the conversion. These approvals were valid for 18 months and neither the replacement of the windows nor the conversion were completed. PROJECT DESCRIPTION /ANALYSIS Protect Description: The project proposed is the removal of the existing non-conforming jalousie and awning windows and installation of 6/1 light and 4/1 light aluminum frame, single hung sash windows. The single hung sash windows are more appropriate and sensitive to the Mission style of the building and will provide for greater energy efficiency with the structure. Design Elements Analysis: LDR Section 4.5.1 (E)(4) and (E)(8)(c) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The guidelines are as follows: • 30 SE 1st Avenue,Window Replacement Old School Square Historic District Page 2 The Board Shall Consider: (a) 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. (b) The openings of any building within a historic district shall be visually compatible with the openings exemplified by the prevailing historic architectural styles within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings within the district shall be visually compatible. The proposed single hung sash windows or casement windows are in keeping with the traditional window type of the Mission style of architecture and are far more sensitive and appropriate than the current jalousie and awning windows. The proposal does not call for any new or altered proportion of openings or diversion from the current solids and voids pattern of the original structure. The installation of new windows will not only make the structure more aesthetically pleasing and increase its energy efficiency, the installation will neither alter nor destroy any of the extant historic fabric. The window installation will not change the structure's contributing status in the Old School Square Historic District. The proposed window's style and dimensions are appropriate in its contextual relationship with the surrounding residential district and will compliment the structure's historic Mission style. However, wood frame rather would be preferable to aluminum frame windows and would better meet the requirements of replacement in kind as prescribed in the Secretary of the Interior's Standards. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve 2002-108-COA-HPB for 30 SE 1st Avenue, based upon positive findings with respect to Section LDR Section 4.5.1(E)(4) and (E)(8)(c) and the Delray Beach Design Guidelines subject to conditions. C. Deny approval of 2002-108-COA-HPB for 30 SE 1st Avenue, with the basis stated. RECOMMENDATION Approve the Certificate of Appropriateness request to remove the existing jalousie and awning windows and install new 6/1 and 4/1 single hung sash windows for the contributing structure at 30 SE 1st Avenue, based upon positive findings with respect to LDR Section 4.5.1(E)(4) and (E)(8)(c) and the Delray Beach Design Guidelines with the following condition: • 30 SE 1st Avenue,Window Replacement Old School Square Historic District Page 3 1)That the proportion and opening configuration and the pattern of solids and voids remain true to the historic design of the structure. 2) That the window frames be constructed of wood rather than aluminum. Attachments: Site Plan, Elevations, & Photos Report Prepared by:Wendy Shay, Historic Preservation Planner HISTORIC PRESERVATION MEMORANDUM STAFF REPORT Item: II. C. - Meeting of February 20, 2002 Consideration of a Certificate of Appropriateness for the addition of a carport. Location: 112 NE 1st Avenue ITEM BEFORE THE BOARD The item before the Board is approval of a Certificate of Appropriateness for the addition of a one-story carport, pursuant to LDR Section 2.4.6(J). BACKGROUND The subject property, also known as Pineapple Cottage, is a 1,184 square foot frame cottage, constructed in the vernacular style in 1920 and a detached wood frame, two- story garage, constructed c. 1928. The property is located on the west side of NE 1st Avenue between NE 1st and NE 2nd Streets in the Old School Square Historic zoning district (OSSHAD). Both structures are considered contributing buildings in the district. The last action taken by the Board regarding this property was the approval of the proposed 325 square foot bedroom/bath addition to the main residence on December 15, 1999. PROJECT DESCRIPTION /ANALYSIS Project Description: The development proposal is for the construction of a one-story carport attached to the existing two-story garage that is located on the northwest corner of the property. Designed with clapboard siding to match the existing siding on the garage, the wood framed, one bay carport will be open along the south elevation and will consist of a flat roof with wood rail posts and lattice infill along the roof deck to be utilized from the second story of the garage. Design Elements Analysis: LDR Section 4.5.1(E)(8)(g), (E)(4), and (E)(8)(c) and (E)(8)(d) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The guidelines are as follows: 112 NE 1st Avenue, Carport addition Old School Square Historic District Page 2 The Board Shall Consider: (a) All improvement to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility can include but is not limited to: consistency in relation to materials, texture, and color of the façade of a building in association with the predominant material used in surrounding historic sites and structures within the historic district. (b) 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. (c) The openings of any building within a historic district shall be visually compatible with the openings exemplified by the prevailing historic architectural styles within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings within the district shall be visually compatible. (d) The relationship of solids to voids in the front fagade of a building or structure will be visually compatible with the front facades of historic buildings or structures within the districts. The Secretary of the Interior's Standards for Rehabilitation states: 1) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. 2) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would not be impaired. The addition is designed for vehicular use by the homeowner who will also utilize the decking of the carport roof to be accessed from the second story of the garage. The proposed project is sensitive to the design of the contributing outbuilding and its intended use and will neither alter nor destroy the extant historic fabric. The proposal is also compatible with the surrounding historic structures and related appurtenances of the district and the design elements for the proposed carport will not diminish the contributing status of the garage or the main residence. 112 NE 1st Avenue, Carport addition Old School Square Historic District Page 3 ALTERNATIVE ACTIONS A. Continue with direction. B. Approve 2002-121-COA-HPB for the construction of a one-story carport onto the existing garage for 112 NE 1st Avenue, based upon positive findings with respect to LDR Section 4.5.1(E)(8)(g). C. Deny approval of 2002-121-COA-HPB for the construction of a one-story carport onto the existing garage for 112 NE 1st Avenue, with the basis stated. RECOMMENDATION Approve the Certificate of Appropriateness request for the addition of a carport on the outbuilding (garage) at 112 NE 1st Avenue, based upon positive findings with respect to LDR Section 4.5.1(E)(8)(g) and the Delray Beach Design Guidelines. Attachments: Site Plan, Elevations Report Prepared by:Wendy Shay, Historic Preservation Planner HISTORIC PRESERVATION MEMORANDUM STAFF REPORT Item: II. D. - Meeting of February 20, 2002 Consideration of a waiver for Lot 6, Block 1 Del-Ida Park Location: Adjacent to 5 NE 7 Street ITEM BEFORE THE BOARD The item before the Board is consideration of a waiver request for Lot 6, Del-Ida Park, pursuant to LDR Section 4.1.4(C). BACKGROUND The subject property is Lot 6, Block 1 of Del-Ida Park. Currently vacant, the property is located on the north side of NE 7th Street between Swinton Avenue and NE 2nd Avenue in the Del-Ida Park Historic District. Until recently a Unity of Title joined this lot with Lot 5 to the west. When this Unity of Title was dissolved, the existing structure on Lot 5 became non-conforming with respect to the side setback 7.5' vs. 10'. If this waiver is approved it must be subject to the Historic Preservation Board granting a variance for the side setbacks otherwise, the applicant will have to re-execute the Unity of Title between the lots. PROJECT DESCRIPTION /ANALYSIS Project Description: The waiver request is to allow the development of Lot 6, Block 1 of Del-Ida Park, a vacant lot that does not currently meet the minimum requirements of 75' width or the minimum square footage of 9,500 square feet. The lot measures just 50'x120' and is 6,000 square feet in area. The lot is currently owned by the adjacent property owner to the west, lot 5 which is 50'x120'. LDR Section 4.1.4(C) requires that if two (2) or more adjoining lots of record are under the same ownership they shall not be developed except in accordance with the minimum frontage and the lot area requirements. Approval of the waiver would allow a structure to be built on the site adjacent to the owner's current residence at 5 NE 7 street (Lot 5, Block 1 of Del-Ida Park). However, the intent of this request is to allow the lot to be aggregated with the adjacent 50' lot to the east. Under these circumstances while lot 5 will remain substandard with respect to the width and area, lot 7 to the east will be expanded to meet the minimum width and area required within the district. There are two other nonconforming lots in the area that include the properties of 10 NE 7th Street, Lot 22, Block 2 of Del-Ida Park and 109 NE 7th Street, Lot 10, Block 1 of Del- Ida Park. Both nonconforming lots measure 50'X120' and are 6,000 square feet in area just as the dimensions of Lot 6. Those properties (lots 22 and 10) also currently house residential structures. As there is a precedent for use of a non-conforming lot in the area there is evidence to support the waiver request to approve Lot 6 as a buildable lot. Lot 6, Block 1 Del-Ida Park Waiver Request Del-Ida Park Page 2 REQUIRED FINDINGS Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver: a.) Shall not adversely affect the neighboring area; b.) Shall not significantly diminish the provision of public facilities; c.) Shall not create an unsafe situation; and, d.) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Given the discussion above, the waiver request will not adversely the neighboring area or is a special privilege being granted as other non-conforming lots already exist in the neighborhood. No public facilities will be at risk and no unsafe situations shall be formed by the granting of this waiver. ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend to the City Commission approval of 2002-106-OTH-CCA for a waiver request for Lot 6, Block 1 Del-Ida Park, based upon positive findings with respect to Section 2.4.7 (B) of the Land Development Regulations and the policies of the Comprehensive Plan subject to conditions. C. Deny approval of 2002-106-OTH-CCA for the waiver request for Lot 6, Block 1 Del- Ida Park, with the basis stated. RECOMMENDATION Recommend to the City Commission approval of a waiver request for the property of Lot 6, Block 1 of Del-Ida Park, based upon positive findings with respect to LDR Section 2.4.7 (B) subject to the following condition: 1) If the waiver if approved, a request for a variance must be submitted before the Board prior to approval. Attachments: Survey, Maps Report Prepared by:Wendy Shay, Historic Preservation Planner HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- EETING DATE: February 20, 2002 AGENDA ITEM: II. E. ITEM: Sundy Harvest Block, SW 1st Street between S. Swinton Avenue and SW 1'Avenue, Old School Square Historic District, Michelle Balfoort, Authorized Agent. CITY _ -- ATTORNE" BUILDING. I N.W. 2ND ST. N•E• 2ND ST. — a GENERAL DATA: • — Owner/Applicant Sundy Estates, L.L.C. CITY Agent Michelle Balfoort HALL Location Southeast Corner of Swinton N.L. 1ST ST. Avenue and Southeast 1st 3 Street. a Property Size 0.86 Acres - VO ENTTER Y - W Future Land Use Map OMU (Other Mixed Use) v Purrent Zoning OSHAAD (Old School Square OLD a Historic Arts District) z I J sau°RE 111111 I iI Adjacent Zoning North: OSHAAD (Old School Square ATLANTIC AVENUE Historic Arts District) East: OSHAAD (Old School Square Historic Arts District) I —!. l South: OSHAAD (Old School Squarelimim Historic Arts District) .�___ — West: OSHAAD (Old School Square — Historic Arts District) S.W. 1ST ST. S.E. 1ST ST. Existing Land Use Residential and Commercial ............ " I Buildings W I Proposed Land Use Parking lot addition Water Service Existing on site. I Sewer Service Existing on site. il I S.W. 2ND ST. S.E. 2ND ST. -: 1II or 1 tri W EMI. . I INE _, I 2 II N I �M ■ sw. 2ND ST. S.E. •. , ST. 'Wait-MI II. E. t • • z CITY N u_i > HALL ¢ > > z z — i 4 N Lk _ NW. 1ST. ST. > N. . > 1ST ST. } cc Li.l 3 1-, n li.l d' COMMUNITY D 'o 1111 CENTER u z I- cn - Li.l - a : . 3 z TENNIS OLD z 44 STADIUM Q SCHOOL L,.i ° ,,; z SQUARE z z I / z T, ATLANTIC AVENUE POLICE SOUTH1 II COMPLEX COUNTY k,(13 Q COURT HOUSE Q cr > ¢ Ci i i SW. 1ST ST. SW. 1ST ST. S.E. 0 1ST ST. > ii•O"iii •:i:i • a : i / oZN 1111i )lnC‘IZ It SW. 2ND ST. S.E. i 2ND ST._ ic.) / o = Er L- 3 Lu vi Li vi Q vi SW. 3RD ST. S.E. , 0 3RD ST._ MERRITT — PARK — i Ain LI LJ Lal — vi vi vi vi — N --.....- SUNDY HARVEST CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: LM590 ITEM BEFORE THE BOARD The action before the Board is that of approval of COA 2002-085-SPF-HPB which incorporates the following aspects of the development proposal for the Sundy Harvest Block, pursuant to LDR Section 2.4.5(G)(1)(c): ❑ Class V Site Plan Modification; ❑ Landscape plan; ❑ Design Elements; and ❑ Waiver Request. The subject property is located between S. Swinton Avenue and SE 1st Avenue on SE 1st Street. BACKGROUND The subject property consists of Lots 20-25, an amended plat of Sundy and Cromer's subdivision of Block 70. In May, 1999 (COA 9-373) the Historic Preservation Board reviewed a Class V Site Plan for properties located at the southeast corner of S.E. 1st Street and S. Swinton Avenue, directly east of the Sundy House restaurant. That property consisted of lots 20,21, and 22 of Block 70, Sundy and Cromer's Subdivision and contains 0.43 acres. A single-family residence at 6 SE 1st Street built in 1912 occupied the corner (Lots 20 and 21). Because of its deteriorated condition, the Historic Preservation Board approved the demolition of the house, conditioned on the requirement that the house not be demolished until a site plan was approved for all three lots (Lots 20-22). That site plan proposed the construction of a parking lot on Lots 20 and 21 and the rehabilitation and conversion of the residence at 10 SE 1st Street (Lot 22) to a commercial use. The 1,373 square foot structure required five (5)-parking spaces. Twenty (20) spaces were actually provided on Lots 20 and 21 to help accommodate the required parking for the future conversion of the residential properties located to the north. In 2000, a Conditional Use modification was approved for the Sundy House Restaurant to the west, to accommodate additional dining areas. The associated parking was provided via an off-site parking agreement to utilize 16 of the 20 spaces located on this property. The residence at 10 SE 1st Street (Lot 22) is a good example of vernacular architecture and was constructed in 1913. The house displays an open porch on the west elevation and reflects the typical narrow dimensions, configuration of windows, and general proportions of a Florida frame structure. In 1999, as a part of the overall Site Plan approval, the porch that had been previously insensitively enclosed was reopened. Today, the slightly tapered round wooden • j HPB Staff Report Sundy Harvest Block-Class V Site Plan Modification,Landscape Plan,and Design Elements Page 2 freestanding columns are a noteworthy feature of the house. The removal of the enclosure reduced the total floor area to 1,098 square feet requiring only four (4)- parking spaces. PROJECT DESCRIPTION The development proposal includes the following: o Demolition of a two non-contributing structures currently on Lots 23 & 25 o Conversion of two contributing historic residential structures into commercial/retail properties; o Construction of an asphalt parking lot with 32 standard spaces and two additional handicapped accessible spaces; o Development of brick footpaths and landscaping including a sculpture garden along the north side and the southwest sides of the property o Waiver request to reduce the stacking requirement from 20' to 16'. SITE PLAN MODIFICATION ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to the OSSHAD zone district: Required Provided Building Height (max.) 35' 17' Building Setbacks (min.) - Front 25' 25' Side (Interior) 7.5' 15' Side (Street) 15' 15' Rear 10' 15' Open Space 25% 44% HPB Staff Report Sundy Harvest Block-Class V Site Plan Modification,Landscape Plan,and Design Elements Page 3 Parking: LDR Chapter 4.4.24 (OSSHAD-Special District Regulation): Pursuant to Section 4.4.24(G)(3), all parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the character of the area will be maintained. If approved, such parking shall be substantially screened from the off- premises view by a hedge or decorative fencing. Pursuant to LDR 4.4.24 (G)(4)(a) all non-residential uses, with the exception of restaurants, shall provide one parking space per 300 sq. ft. of total new or existing floor area being converted to non-residential use. Stacking Requirements Waiver Request: The applicant is requesting a waiver to reduce the required stacking distance at the east entrance from 20' to 16'3". Pursuant to LDR, Section 4.6.9(D)(3)(c)(1), the minimum requirement for parking between 21 and 50 spaces is 20'. Due to the fact that the proposed parking arrangement provides ample parking spaces for the proposed use there is no need to reduce the minimum requirements. The reduction of two spaces at the east entrance would provide the necessary additional 3'9". Front Parking Waiver Request: An additional waiver is being requested to allow the proposed front parking configuration located in the front of Lot 23. Due to the restriction of parking in the front, between any building and the street, the current plan should be revised to remove said parking and relocate the parking area to the rear of the structures in order to shield the parking area from the view of the right-of-way. Further, granting of a waiver to allow parking in the front lot would allow encroachment of parking in the front setback which is contrary to the requirements of LDR Section 4.4.24 (G)(3). Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver: a.) Shall not adversely affect the neighboring area; b.) Shall not significantly diminish the provision of public facilities; c.) Shall not create an unsafe situation; and, d.) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Given the discussion above, the waiver request will adversely the neighboring area and would be a special privilege granted as the surrounding retail/commercial structures are HPB Staff Report Sundy Harvest Block-Class V Site Plan Modification,Landscape Plan,and Design Elements Page 4 required to adhere to the stacking requirements and no parking is permitted in the front between a structure and the street in the OSSHAD. LDR Chapter 4.6 Supplementary District Regulations: Site Lighting: Pursuant to LDR 4.6.8 (Lighting), lighting is required on site for new development proposals. A photometric plan has been submitted to ensure that requirements are met as outlined in LDR Section 4.6.8. Site lighting locations have been provided on the site plan and landscape plan and specific fixture details have been provided. Sidewalks: Pursuant to LDR Section 6.1.3(B)(1), a 5'-10' wide sidewalk is required within the rights- of-way adjacent to the property. A 5' brick paver sidewalk is proposed that will run perpendicular to the remaining structures along the SE 1st Street right-of-way. In addition, an undulating brick paver walkway will be constructed, that follows south along the east side of the extant parking lot that culminates in a new brick patio on the south and southeast corner of the existing structure on lot 22. A 5' right-of-way dedication of the property that accommodates the sidewalk along the northern property line is necessary in order to ensure its future use by the public. An existing 5' concrete sidewalk will remain on the corner of SE 1st Avenue and within South Swinton rights-of- way. RELATED ITEMS Declaration of Unity of Title: The development proposal includes improvements across property lines (Lots 20-25, Block 70). As the properties will be under one ownership and function as one development, it is appropriate to combine the properties through a Declaration of Unity of Title, which must be recorded prior to issuance of a building permit. The City must be a party to any dissolution of this Unity of Title. This provision has been attached as a condition of approval. LANDSCAPE ANALYSIS With the installation of the additional parking spaces and the proposed sculpture garden, additional landscaping is necessary. The proposed landscape plan consists of extensive plantings on the site. The plan includes a combination of gumbo limbo trees, Royal Poincianas, Live Oaks, and Beauty Leak interspersed throughout the property with liriopes, viburnam, clerodendrun, variegated alpinia underplantings and coco plum hedges along the perimeter of the property. The existing ficus tree (located on the northwest corner of the existing parking lot), landscaping and planter are to remain HPB Staff Report Sundy Harvest Block-Class V Site Plan Modification,Landscape Plan,and Design Elements Page 5 along the west property line along S. Swinton Avenue. The landscaping complies with the requirements of LDR Section 4.6.16. Refuse Container Area: A Live Oak tree and viburnum suspensum underplantings have been proposed to screen the refuse enclosure along the west elevation of the Mission Revival structure, located on Lots 24 & 25. DESIGN ELEMENTS Residential Conversion to Commercial: The proposal includes conversion of the two contributing residential structures to office/retail use. The structures are approximately 1,123 sq. ft and 1,261 sq. ft for a total of 2,384 sq. ft. and are located on lots 22 and 24 & 25, Block 70 of the property. The architectural styles of each structure can be described as Frame Vernacular and Mission Revival style. Built in 1913, the frame vernacular house, located on the westernmost side of the property adjacent to the existing parking area, is a front facing gabled structure with an open porch. Located on the northeast corner of the property, the Mission style residence with its flat roof and decorative parapet was constructed in 1925 of stucco over wood or hollow clay tile. Demolition of two non-contributinq structures The two non-contributing structures proposed for demolition include a frame vernacular and masonry vernacular structure. Located on lot 23 and constructed in 1946, the cross gabled frame vernacular house consists of stucco over wood framing with an open porch on the front façade. The building displays an asphalt shingle roof with chimney and 1/1, single hung sash windows. The fenestration remains consistent throughout the design of the structure. Overall the structure retains little architectural integrity due to its insensitive modern stucco exterior and displays few architectural details. The small masonry vernacular structure, located of lots 24 & 25, is of frame construction with novelty siding, a flat, built up roof with a flat roof door hood and no other outstanding architectural detailing. While the frame vernacular structure is in need of rehabilitation, the structure does appear to be structurally sound and may be rehabilitated to ensure that the relationship of solids to voids along the streetscape is maintained. If this is not the case and the building is found to be structurally unsound, it is highly recommended that new construction in keeping with the scale and massing of the neighborhood or the relocation of a threatened historic structure be proposed for lot 23 rather than the proposed parking lot which can be viewed from the right-of-way. HPB Staff Report Sundy Harvest Block-Class V Site Plan Modification,Landscape Plan,and Design Elements Page 6 Design Elements Pursuant to LDR Section 4.5.1 (E)(8), (E)(8)(e), and (E)(4), "Development Standards" provides guidelines in evaluating alterations or additions of exterior architectural features. The guidelines are as follows: a) All improvement to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility can include but is not limited to: consistency in relation to materials, texture, and color of the façade of a building in association with the predominant material used in surrounding historic sites and structures within the historic district. b) The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between historic sites, buildings, or structures within a district. c) 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. The Secretary of the Interior's Standards for Rehabilitation states that: 1) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property an its environment. 2) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be not be impaired. Refuse Container Area: The proposal includes the installation of a trash/refuse container area adjacent to the extant structure on the east side of the property. The plans indicate that the dumpster will be enclosed by a wood screen fence and gate for access from west side of the building. REQUIRED FINDINGS Pursuant to LDR Section 2.4.5(F)(1)(a)(Class V Site Plan Modification), a Class V site plan modification is a new application for development of vacant land, or for modification of a developed property when no valid site plan of record exists and which requires full review of Performance Standards found in Section 3.1.1. HPB Staff Report Sundy Harvest Block-Class V Site Plan Modification,Landscape Plan,and Design Elements Page 7 The development proposal for the demolition of the two non-contributing structures does not meet the development standards for the Downtown Delray Beach Master Plan for consistency of voids to solids along the streetscape. The Master Plan calls for moving structures closer to the street to provide a pedestrian friendly environment and to eliminate expanses of parking areas or other similar features that break up the continuity of the streetscape. Additionally, the demolition does not meet the requirements for rhythm of building on streets as stated in LDR Section 4.5.1 (E)(8)(e). Further, the location of parking in between the extant structures to the front does not meet the requirements for parking in the OSSHAD per LDR Section 4.4.24 (F)(3) which states that: No such parking shall be located in the area between any street and the closest building or structure. Given these factors, a positive finding to this LDR Section cannot be made without modification of the request. REVIEW BY OTHERS Community Redevelopment Agency: During the meeting of January 24, 2001, the proposed plan was reviewed by the CRA and found that the plan does not meet the parking requirements in the OSSHAD. Per LDR Section 4.4.24 (G)(3), parking must be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between the street and the closest building or structure (front yard parking). The location of the parking between the remaining structures will be considered parking in the front yard of the property and is therefore not acceptable. In addition, the CRA found that demolition of another building to accommodate more parking spaces that is not required parking is inappropriate. It is recommended that the number of parking spaces be reduced to meet only the requirements for the proposal. The reduction would involve eliminating the proposed spaces between the two structures in order to be consistent with the Delray Beach Downtown Master Plan for pedestrian friendly design of new construction in downtown Delray Beach. ASSESSMENT AND CONCLUSION The development proposal involves the demolition of two non-contributing structures on Lots 23 & 25. Additionally, the project consists of the conversion of two historic contributing single family homes (lots 22, 24 & 25) to commercial/retail structures including the use of extensive landscaping and a sculpture garden. The proposal will be consistent with LDR Section 3.1.1 and Section 2.4.5(G)(5) of the Land Development Regulations, and policies of the Comprehensive Plan only with substantial changes as identified in this staff report. These changes are outlined as conditions of approval. The proposed elevations for the two buildings to be converted will comply with LDR Section 4.5.1 and 4.6.18, the Secretary of the Interior's Standards and the Delray Beach Design Guidelines based upon the conditions as stated below. HPB Staff Report Sundy Harvest Block-Class V Site Plan Modification,Landscape Plan,and Design Elements Page 8 The requested waiver to reduce the stacking distance is not necessary as there are ample spaces in the proposed lot. The reduction of two spaces will provide the additional 3'9" necessary to meet the 20' required stacking distance at the east entrance lot based on LDR Section 4.6.9(D)(3)(c)(1). Further, the waiver request for front parking on Lot 23 is inappropriate based on the proposals inconsistency with the Downtown Delray Beach Master Plan and the LDR Section 4.4.24 (G)(3). ALTERNATIVE ACTIONS A. Continue with direction. B. Approve COA-2002-085-SPF-HPB and the associated Class V site plan modification, landscape plan and design elements for the Sundy Harvest Block subject to conditions. C. Deny approval of COA-2002-085-SPF-HPB and the associated Class V site plan modification, landscape plan and design elements for Sundy Harvest Block, with the basis stated. STAFF RECOMMENDATION By Separate Motions: Site Plan Modification: Approve COA-2002-085-SPF-HPB for the Class V site plan modification for the Sundy Harvest Block, based on positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(G)(5) and (Findings) and Section 2.4.6 (COA Findings) of the Land Development Regulations and policies of the Comprehensive Plan subject to the following conditions: 1) That the proposed demolition of the structure on lot 23, block 70 be revised to include the rehabilitation of the structure or relocation of a threatened historic structure to ensure compliance with the City's Downtown Master Plan and to enforce the restrictions of solids to voids in the OSSHAD. 2) That the proposed front and side parking (lot 23) be relocated to the rear of the extant structures. 3) That the stacking distance be increased from the proposed 16'3" to 20' from the first parking space at the east lot to ensure compliance with the stacking distance requirements per the LDR, Section 4.6.9 (D)(3)(c)(1). 4) A 5' right-of-way dedication will be provided along SE 1st Street and recorded to ensure public use of the sidewalk along the north property line. HPB Staff Report Sundy Harvest Block-Class V Site Plan Modification,Landscape Plan,and Design Elements Page 9 5) A Unity of Title must be recorded for lots 20-25, block 70 prior to initiation of the project with City approval required for its dissolution. 6) That the proposed use for the structures be limited to office or retail space only. Landscape Plan: Approve COA-2002-085-SPF-HPB for the landscape plan for the Sundy Harvest Block, based upon positive findings with respect to LDR Section 4.6.16, subject to the following condition: 1) Submit a detailed plan of sculpture garden for review and approval by the Board. Design Elements: Approve COA-2002-085-SPF-HPB for the design elements for the Sundy Harvest Block, based on positive findings with respect to LDR Sections 4.5.1 and 4.6.18, subject to the following conditions: 1) That the design elements for the rehabilitation of the extant historic structures be developed in line with the Delray Beach Design Guidelines and the Secretary of the Interior's Standards for Rehabilitation and that the proposed design elements for the rehabilitated structures be brought back before the Board for review and approval. 2) That the color palette for all exterior paint for the proposed rehabilitation of the historic structures be restricted to the traditional historic colors of the neighborhood that are sensitive to the building's architectural styles. The proposed color palette is subject to further review and approval by the Board prior to its application. Waiver Request: Deny the waiver request to reduce the required stacking distance at the east parking entrance from 20'-16'3" for the Sundy Harvest Block, based on failure to find positive findings with respect to LDR Sections 2.4.7 (B)(5) given its inconsistency with 4.6.9 (D)(3)(c)(1) and that the same waiver would not be supported under similar circumstances on other property. In addition, deny the waiver request for the placement of front parking on Lot 23 for the Sundy Harvest Block, based on failure to find positive findings with respect to LDR Section 2.4.7(B)(5) given its inconsistency with 4.4.24 (G)(3), the Downtown Delray Beach Master Plan and that the same waiver would not be supported under similar circumstances on other property. Attachments: • Site Plans • Landscape Plan • Light specs • Photometric Plan HPB Staff Report Sundy Harvest Block-Class V Site Plan Modification,Landscape Plan,and Design Elements Page 10 Report prepared by: Wendy Shay, Historic Preservation Planner HPB Staff Report Sundy Harvest Block-Class V Site Plan Modification,Landscape Plan,and Design Elements Page 11 APPENDIX A CONCURRENCY FINDINGS Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ❑ Water and sewer service exists on site with connections to mains located in the east/west alley to the rear of the property. ❑ A fire hydrant is located at the southeast corner of Swinton Avenue and NE 1st Street to service this development. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to these level of service standards. Drainage: A preliminary drainage plan has been submitted indicating that drainage will be accommodated on-site via an exfiltration system. At this time, there are no problems anticipated meeting South Florida Water Management District requirements. Streets and Traffic: The subject property is located in the City's TCEA (Traffic Concurrency Exception Area), which encompasses the CBD, CBD-RC., OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes, however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. The applicant has submitted a statement, which indicates that the change in use from single family residential to professional offices will generate 36 average daily trips. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Solid Waste: The proposal calls for a conversion of a single family dwelling to an office building. Trash generated each year by the proposed 2,384 sq.ft. office/retail space is 6.44 tons of solid waste per year [2,384 sq.ft. x 5.4 lbs. = 12,873.6 lbs/2,000 = 6.44 tons]. The trash generated by the single family home is 1.99 tons of solid waste per year. The increase in trash generation of 3.35 tons per is negligible. The Solid Waste Authority has indicated that it has no objection to projects that generate less than 10 tons of solid waste per year. Therefore, a positive finding can be made to this Level of Service. HPB Staff Report Sundy Harvest Block-Class V Site Plan Modification,Landscape Plan,and Design Elements Page 12 APPENDIX B STANDARDS FOR SITE '=PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent HPB Staff Report Sundy Harvest Block-Class V Site Plan Modification,Landscape Plan,and Design Elements Page 13 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. 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' i3 SL FH32(sHOWN)& SL FHW32 Si FH32-PM & SL FHW32(sHowN) uIMINSION5:32"DIAMI II4 UIMCNSIONS:32"WAIL IUI IyiJ 1■__ ■■ ■ mil _._ ° iii .. . s ■ ■ I!rill 1114Ili - 1 p. _ _ __ EN 1 Ili I'F'i ■ IrL,iAa„:o„.z,.,_,i.:i4i tn ;v,t 6 — n' ----- — — __ _ _. „Y l n ■ ___1_ SCALE:I/4"=1' HEAD SL FH15-CA 2-SL FHW22GH3 SL FHW32-PM SL FH22 SL FHW32 SL FHW22 rl C ARM SLA20A-2 • SLA20 A8 POLE DB6-4R14 PR5-5R16 PR4-4R14 B3-4R16 • W• OPTIONS • BC1-5 • BBS4-18 • • 9 HISTORIC PRESERVATION BOARD -CITY OF DELRAY BEACH ---STAFF REPORT-- -MEETING DATE: February 20, 2002 AGENDA ITEM: II. F. ITEM: Management Systems, Old School Square Historic District, Jeffrey Silberstein, Authorized Agent. N.E. 3RD GENERAL DATA: `- _ Owner Management Systems Worldwide, L.L.C. Applicant Silberstein Architects, Inc. w Location Southwest Corner of = - I- Z Northeast 2"d Street and z v N Northeast 1st Avenue. - w Property Size 0.17 Acres Future Land Use Map OMU (Other Mixed Use) DRIVE Q N.E. 2ND , urrent Zoning OSHAAD (Old School 7- - lei } Square Historic Arts District) MI C= < ,,djacent Zoning North: OSHAAD (Old School - P, - > Square Historic Arts District) - AM & East: OSHAAD (Old School Square W Historic Arts District) Lir == a South: OSHAAD (Old School Square - W Historic Arts District) -- West: OSHAAD (Old School Square ■A ai - Historic Arts District) Existing Land Use Vacant Lot z Proposed Land Use Construction of a 2,400-sq. o ft., two-story, office building. ~ Water Service Existing on site. Z z z Sewer Service Existing on site. _ OLD SCHOOL SQUARE ATLANTIC AVENUE w > U) 3 w I- > 0 N2 Z LLi N W • II. F. ITEM BEFORE THE BOARD The action before the Board is that of approval of COA-2002-038, which incorporates the following aspects of the development proposal for Management Systems, pursuant to LDR Section 2.4.5(F): • Class V Site Plan; • Design Elements; and, • Variance Request. The subject property is located at the southwest corner of NE 1st Avenue and NE 2nd Street (Martin Luther King Jr. Drive), within the Old School Square Historic Arts District (OSSHAD). BACKGROUND The subject property incorporates Lot 9, less the west 60' thereof, and the north 26.5' of Lot 10, less the west 60' thereof, Block 67, Town of Linton. The property contains 0.167 acres and is zoned Old School Square Historic Arts District (OSSHAD). At its meeting of December 5, 2001, the Historic Preservation Board (HPB) approved a Certificate of Appropriateness for the demolition of a one-story residence built in 1978. An application for site plan approval is now before the Board for a two-story, 2,400 square foot office building with associated parking and architectural elevations. PROJECT DESCRIPTION The development proposal involves the following: • Construction of a new two-story, 2,400 square foot office building; • Construction of a new five (5) space parking lot along the south side of the property, two (2) parallel parking spaces within the NE 1st Avenue right-of- way, and the purchase of three (3) parking spaces via the payment of an in- lieu parking fee; and, • Installation of new brick paver sidewalks, and walkways. The site plan application also includes a variance request to the following section of the City's Land Development Regulations (LDR): • A variance request to reduce the required side street building setback from 15' to 10' [LDR Section 4.3.4(K)]. Historic Preservation Board Staff Report Management Systems—COA-2002-038 Page 2 SITE PLAN ANALYSIS COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations (LDR) shall be specifically addressed by the body taking final action on the site and development proposal. LDR Section 4.3.4(K) Development Matrix: The following table indicates that the proposal complies (with the exception of the side street setback) with LDR Section 4.3.4(K) as it pertains to the OSSHAD zoning district: Required Proposed Building Height: 35'-0" 23'-6" Building Setbacks: Front (North) 25'-0" 25'-0" Rear (South) 10'-0" 50'-5" Side Street (East) * 15'-0" 10'-0" Side Interior (West) 7'-6" 7'-6" Open Space: 25% 44% *-Refer to Variance Analysis Variance Analysis: Pursuant to LDR Section 2.2.6(D), the Historic Preservation Board (HPB) shall act on all variance requests within an historic district, or on a historic site, which otherwise would be acted upon by the Board of Adjustment. Prior to granting a variance, HPB must make the following findings pursuant to LDR Section 2.4.7(A)(5): (a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings subject to the same zoning (The matter of economic hardship shall not constitute a basis for the granting of a variance); (b) That literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning; (c) That the special conditions and circumstances have not resulted from actions of the applicant; (d) That granting the variance will not confer into the applicant any special privilege that is denied to other lands, structures, and buildings under the same zoning. Neither the permitted, nor nonconforming use, of neighborhood lands, structures, or buildings under the same zoning shall be considered grounds for the issuance of a variance; • • • Historic Preservation Board Staff Report ' Management Systems—COA-2002-038 Page 3 (e) That the reasons set forth in the variance petition justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and, (f) That the granting of the variance will be in harmony with general purpose and intent of existing regulations will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Pursuant to LDR Section 4.5.1(J), in acting on a variance requests the Board may also be guided by the following as an alternative to the above criteria: (1) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare; (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenances, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places; (c) Literal interpretation of the provisions of existing ordinances would alter the historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site; and, (d) The variance requested is the minimum necessary to preserve the historic character of a historic site or a historic district. (2) Or, as an alternative to Sub-Section (J)(1), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare; (b) The variance would not significantly diminish the historic character of the Historic District or Site; and, (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. (3) The Board shall otherwise follow procedures and impose conditions as required of the Board of Adjustments. The development proposal includes a request for a variance from LDR Section 4.3.4(K), as it pertains to the side street building setback requirement. The specific variance requested, and justification statement as supplied by the applicant is as follows: • ' . Historic Preservation Board Staff Report Management Systems—COA-2002-038 Page 4 "Originally we had provided for a 15'-0"side street setback. The dedication of 5'0" of right-of-way on NE 1st Avenue has resulted in a 10'0" side street setback. The required setback is 15'0': We are requesting a variance for a side street setback of 10'-0"" The above rational does not address any of the required findings of LDR Sections 2.4.7(A)(5), or 4.5.1(J). Prior to the dedication of the additional five feet (5') of right-of-way for NE 1st Avenue, the proposed 2,400 square foot building was able to meet the building setback requirements of the OSSHAD zoning district. Consequently, by dedicating the additional right-of-way for NE 1st Avenue, the potential building footprint for the subject property is being reduced. By allowing the requested variance to the side street building setback requirement, the construction of the proposed 2,400 square foot office building would be able to proceed, and an adaptive reuse of the subject property would be realized. As previously noted, granting the requested variance would reduce the side street building setback requirement from 15' to 10'. By itself, this is not a tremendous reduction. However, for those adjacent properties along NE 1st Avenue the setback is 25', as NE 1st Avenue constitutes the front of their property. Viewed from the perspective of these properties, the requested variance would constitute a difference of 15' between where the proposed building with a variance would be constructed and where the neighboring buildings elsewhere along the block are located, or could be constructed. This concern was voiced by the Pineapple Grove Design Review Committee. LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD): Parking Requirements: Pursuant to LDR Section 4.4.24(G)(4)(a), all non-residential uses, with the exception of restaurants, shall provide one (1) parking space per 300 square feet of total new floor area. Based upon the above, the proposed 2,400 square foot professional office building would require eight (8) parking spaces. LDR Section 4.4.24(G)(5), states that if it is impossible or inappropriate to provide the required parking on-site or off-site, the parking requirement may be met by providing an in-lieu parking fee of$6,000 per space [REF: Section 4.6.9(E)(3)(b)(3)—Area 3: Parcels located within the OSSHAD zoning district]. Due to site constraints the in-lieu fee option has been proposed for three (3) required parking spaces, which will cost a total of $18,000. Pursuant to LDR Section 4.6.9(E)(3)(e), in addition to in-lieu fees due, where adequate right-of-way exists adjacent to a proposed project the applicant must construct additional on-street parking and the total in-lieu fee due shall be reduced by an amount equal to the actual construction cost, but in no event to exceed the total in-lieu fees due. . Historic Preservation Board Staff Report Management Systems—COA-2002-038 Page 5 A five (5) space parking area consisting of four (4) standard and one (1) handicap accessible parking spaces will be constructed on the south side of the property. The three (3) remaining required parking spaces will be provided via an in-lieu parking agreement, of which two (2) of the spaces will subsequently be constructed by the applicant within the NE 1st Avenue right-of-way. The Parking Management Advisory Board (PMAB) is scheduled to review the request for the purchase of the three (3) in-lieu parking spaces at its meeting of February 26, 2002. Its recommendation will be forwarded to the City Commission on March 5, 2002. Approval of the in-lieu parking fee option by the City Commission is attached as a condition of approval. Article 4.6 Supplemental District Regulations: Fences: Pursuant to LDR Section 4.6.5(A), walls, fences, hedges, or similar structures shall not be erected in the public right-of-way or close to the public right-of-way in a manner that will obstruct visibility or otherwise interfere with the proper flow of vehicular traffic, pedestrian safety, or the provision of public services. The proposal calls for the installation of a three foot (3') high picket fence on the north and east sides of the property. As the fence is only three feet (3') in height, it will not obstruct visibility along the adjacent rights-of-way. Thus, positive findings can be made with respect to LDR Section 4.6.5(A). Site Lighting: Pursuant to LDR Section 4.6.8, site lighting must be provided for new development proposals. There are two (2) decorative wall mounted light fixtures proposed for the south elevation of the building (facing the parking lot) and two (2) additional decorative wall mounted fixtures along the north elevation. Also, decorative post mounted lights are proposed for the southwest corner of the property and along the north side of the driveway. However, a photometric plan in compliance with LDR Section 4.6.8 has not been provided with the submittal, and has been attached as a condition of approval. Bicycle Rack: Pursuant to LDR Section 4.6.9(C)(1)(c)(3), bicycle parking facilities shall be provided by a fixed or stationary bike rack for any non-residential use within the City's TCEA (Transportation Concurrency Exception Area). The subject property is located within the TCEA and is therefore required to provide a bike rack. A bike rack has not been indicated on the site plan, and its' provision has been attached as a condition of approval. • ' • Historic Preservation Board Staff Report Management Systems—COA-2002-038 Page 6 OTHER ITEMS: Right-of-Way Dedication: Pursuant to LDR Section 5.3.1(D)(2), and the Transportation Element of the City's Comprehensive Plan, the required right-of-way width for NE 1st Avenue is 60'. Currently 40' of right-of-way exists for NE 1st Avenue. The Development Services Management Group (DSMG) approved a right-of-way reduction for NE 1st Avenue to 50'. Accordingly, only five feet (5') of additional right-of-way must be dedicated by the property owner, which is attached as a condition of approval. The required right-of-way width for NE 2nd Street is 50', and has already been provided. Sidewalks: Pursuant to LDR Section 6.1.3(B)(1), a five foot (5') wide sidewalk is required within the rights-of-way adjacent to the property. A five foot (5') sidewalk currently exists along the north side of the property adjacent to NE 2nd Street. This sidewalk will be replaced with a new brick paver sidewalk to match the sidewalk being installed within the newly dedicated NE 1st Avenue right-of-way. With the installation of the new sidewalks this requirement will be met, however the sidewalk along NE 1st Avenue must extend through the proposed driveway, and is attached as a condition of approval. Site Plan Technical Items: While revised plans have accommodated most of the staff concerns the following item remains outstanding, and must be addressed prior to building permit submittal: 1. The height and dimensions of the proposed sign at the northeast corner of the property need to be provided on the site plan. LANDSCAPE PLAN ANALYSIS The landscape plan associated with the subject development proposal is not before the Board at this time. The applicant will need to return to the Board for landscape plan approval, and has been attached as a condition of approval. DESIGN ELEMENTS ANALYSIS The proposed two-story office building has been designed at a scale consistent with the residential area. The architectural style of the building is Caribbean, and while this style is now commonly found throughout the City, that is not entirely the case with the Old School Square Historic District. The District is comprised more of the wood frame vernacular style, and consequently there is a concern with respect to the architectural compatibility of the Caribbean style structure within the District, which the Board may wish to discuss. • ' - Historic Preservation Board Staff Report Management Systems—COA-2002-038 Page 7 The proposed north and south elevations will be identical to one another and will consist of several full length aluminum frame windows along the base of the building. The two (2) single-hung windows at the east ends of the elevations will be accented with decorative wood Bahama shutters overhead and louvered wood shutters along both sides. The three (3) central windows along the base of the elevation will be accented with a stucco reveal. The aluminum frame doors at the west ends of the elevations will have a rounded top and will be encased by an archway of sidelights, which in turn will be encased by a stucco band. Louvered wood shutters will be attached along both sides of the door, as well as decorative light fixtures. The first and second floors will be separated by a stringcourse, which will run across all four elevations of the building. The second floor shall have a pair of aluminum frame windows accented by louvered wood shutters at both the east and west ends of the elevation. At the center of the second floor of the north and south elevations will be a balcony. The balcony will feature a white wood picket railing, and will be supported by decorative brackets at its base. The east and west elevations, while not identical, are very similar to one another in their appearance. The first floor of the east elevation will feature four (4) full length aluminum frame windows with decorative Bahama shutters overhead and louvered wood shutters along the sides. The second floor will consist of four (4) aluminum frame windows accented by louvered wood shutters. As previously indicated, the west elevation is very similar to the east elevation, with the main difference between them being the size and number of windows. The west elevation will have three (3) windows on both the first and second floors; however the windows will be larger in width than those on the east elevation. All of the proposed windows will be single-hung, and generally will consist of eight (8) lites. The building will feature a silver standing seam metal roof that will have a slight change in pitch and the eaves. The Pineapple Grove Design Review Committee has recommended that the change in pitch be more defined, staff agrees with this assessment, and the change in pitch is attached as a condition of approval. The first floor of the building will be painted pale yellow (Crocus Yellow), and the second floor will be painted crème (Veiled Sun). All of the doors, windows, shutters, railings, and trim will be painted white. REQUIRED FINDINGS Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. • ' . Historic Preservation Board Staff Report Management Systems—COA-2002-038 Page 8 Section 3.1.1(A) — Future Land Use Map: The subject property has a Future Land Use Map designation of OMU (Other Mixed Use), and a zoning designation of OSSHAD (Old School Square Historic Arts District). The OSSHAD zoning district is consistent with the OMU Future Land Use Map designation. Pursuant to LDR Section 4.4.24(B)(2), within the OSSHAD, business and professional offices are a permitted use. Based upon the above, it is appropriate to make a positive finding with respect to the Future Land Use Map. Section 3.1.1(B) — Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. Section 3.1.1 (C) — Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) — Compliance with the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, provided the conditions of approval are addressed. Comprehensive Plan Policies: A review of the goals, objectives and policies of the City's Comprehensive Plan was conducted and no applicable policies are noted. Section 2.4.5(F)(5) (Site Plan Findings): Pursuant to Section 2.4.5(F)(5) (Findings), in addition to provisions of Chapter Three, the approving body must make a finding that the development of the property pursuant to the site plan will be harmonious with the adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered on all sides by the OSSHAD (Old School Square Historic Arts District) zoning district. The existing adjacent land uses include: an office building to the north; and single-family residences to the south, east, and west. Compatibility with the adjacent single-family residential, and office uses is not a concern. The abutting single-family residences located to the south, east, and west will be buffered by proposed landscaping, and an existing six-foot (6') high wood fence ' . Historic Preservation Board Staff Report Management Systems—COA-2002-038 Page 9 located on the adjacent single-family properties. The proposed use as a business office will be low intensity in nature and is appropriate in a mixed-use district. In addition, the redevelopment of the site should enhance property values in the area, and may serve as an inducement for the upgrading of nearby properties. REVIEW BY OTHERS Community Redevelopment Agency (CRA): At its meeting of January 24, 2002, the CRA recommended approval of the development proposal, and while the CRA did not directly support the requested variance, they did not suggest that it be denied. Pineapple Grove Design Review Committee: At its meeting of February 11, 2002, the Pineapple Grove Design Review Committee recommended approval of the development proposal while stressing concerns over effect the requested setback variance would have on the neighborhood. Ultimately, the Committee did not support the granting of the requested variance. The Committee also suggested that the Bahama shutters be lowered so that they may operate more efficiently, and that the change in roof pitch be more defined. Neighborhood Notice: Special Notice was provided to the Old School Square Homeowner's Association. Letters of objection, if any, will be presented at the HPB meeting. ASSESSMENT AND CONCLUSION The development proposal involves the construction of a 2,400 square foot two-story office building with associated parking. The proposal will be consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations, provided the conditions of approval are addressed. The proposed redevelopment of the site should enhance property values in the area, and may serve as an inducement for the upgrading of nearby properties. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve COA-2002-038, and the associated variance, Class V site plan, and design elements for Management Systems, subject to conditions. C. Deny approval of COA-2002-038 and the associated variance, Class V site plan, and design elements for Management Systems, with basis stated. • ' • Historic Preservation Board Staff Report Management Systems—COA-2002-038 Page 10 RECOMMENDED ACTION A. Variance Request: Board's Discretion. B. Site Plan: Approve COA-2002-038 for the Class V site plan for Management Systems, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan and LDR Section 2.4.5(F)(5), subject to the following condition: 1. That the height and dimensions of the proposed sign at the northeast corner of the property are provided on the site plan; 2. That the proposed landscape and engineering plans return to the Historic Preservation Board for approval; 3. That the three (3) in-lieu parking spaces are approved by the City Commission; 4. That a photometric plan in compliance with LDR Section 4.6.8 is provided; 5. That a bicycle rack is provided onsite; 6. That five feet (5') of additional right-of-way is dedicated along NE 1st Avenue; 7. That the proposed sidewalk along NE 1st Avenue is extended through the drive aisle; and, 8. That the change in roof pitch be more defined. C. Design Elements: Approve the design elements for Management Systems, associated with COA- 2002-038, based upon positive findings to LDR Section 4.5.1(E), Development Standards. Attachments: • Appendix A • Appendix B • Proposed Site Plan • Design Elements Staff Report Prepared by: Robert G. Tefft, Planner APPENDIX A CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water and Sewer plans have not been submitted for approval at this time. The applicant has indicated that they will return to the Board at a later date for approval of the engineering plans, which has been attached as a condition of approval. Drainage: A preliminary drainage plan has not been submitted for approval at this time. The applicant has indicated that they will return to the Board at a later date for approval of the engineering plans, which has been attached as a condition of approval. Streets and Traffic: The subject property is located in the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. The applicant has submitted a statement, which indicates that the proposed professional office building will generate 46 Average Daily Trips (ADT). Parks and Open Space: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: The proposal calls for the construction of a 2,400 square foot office building. The amount of solid waste generated annually by the proposed office building will be 6.48 tons [2,400 sq.ft. x 5.4 lbs. = 12,960 lbs/2,000 = 6.48 tons]. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021. Therefore, a positive finding can be made to this Level of Service. APPENDIX B STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent This standard will be met when a photometric plan in compliance with LDR Section 4.6.8, is provided, which has been attached as a condition of approval. B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard Does not meet intent The provision of a bicycle rack has been attached as a condition of approval. C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent 54 • SlIborsteIn .. 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(3)WEST ELEVATION . . ‘.. ,,SCALE:14.-1,17 SCALL.1/4'-1-0r REVISIONS NOVEM8Ell 8,2001 A-3.0 [Drawn by.DK i , • G1Ar2re25re Pqncts101fices`Mracernet Syslenteno0s,C45.8:3811.0 MINUTES OF THE HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA PUBLIC HEARING MEETING DATE: MARCH 6, 2002 LOCATION: POMPEY PARK AUDITORIUM, Rooms A & B I. ROLL CALL The meeting was called to order at 6:03 p.m. by the Chairman. Upon roll call it was determined that a quorum was present. MEMBERS PRESENT: Mary Lou Jamison, Gail-Lee McDermott, Gloria Elliott, Michael Simon, Rhonda Sexton, Donnamarie Sloan MEMBERS ABSENT: None (Bodker resigned) STAFF PRESENT: Wendy Shay, Dan Martino, Brian Shutt, Debra Garcia, Loretta Heussi II. PUBLIC HEARING A. 610 & 615 North Ocean Blvd, Fontaine Fox House, Individually Listed Historic Property, Rebecca Henderson, Authorized Agent. Item Before the Board: Recommendation to the City Commission regarding an amendment to Ordinance 70-89 for the historic designation of the Fontaine Fox House and related property. Brian Shutt, Asst. City Attorney, asked all those who wished to speak be sworn in. Loretta Heussi, Notary, swore in all those wishing to speak. Ms. Shay presented the project and reviewed the location and designation information of the individually listed property and the lot configurations associated with Ordinance 70-89. She described in detail the project proposed by the applicant. The proposal would amend Ordinance 70-89 to remove the historic designation from Lot 3 and a portion of Lot 2 which would be subdivided into a total of four separate parcels to accommodate a development plan for construction of single-family homes (perpendicular to the extant historic dwelling). The historic designation for the remaining portion of Lot 2 (the lot that houses the Fontaine Fox House), as well as Lot 1 on the ocean side (615 North Ocean Boulevard), would remain. 3/6/02 Rebecca Henderson, Authorized Agent, representing the applicant, Village by the Sea, LLC, requested to de-designate or amend the legal description associated with the current ordinance designating the property to accommodate a development proposal. Ms. Henderson stated that the house is historic due to its affiliation with Fontaine Fox, the cartoonist, who constructed the house for his personal residence. Ms. Henderson reviewed the history of the property's owners and alterations made over the years to the historic dwelling. She also stated that the boundaries, as proposed by the applicant, are appropriate as dictated by the location of the house. The property that includes the house (designed by renowned, local architect John Volk) is within the only portion within the actual historic boundaries. Ms. Henderson further reviewed the topography of the land including the retaining wall to the north. Ms. Henderson addressed in detail her opposition to the conditions of approval as stated in the staff report. She addressed her concerns regarding the lack of historical integrity on the property and listing the property at 610 North Ocean Boulevard in the National Register of Historic Places as she felt that the "dirt" behind the house is not historic and that listing the property in the National Register could open it to public scrutiny. She further discussed her opposition to the height restriction of 28 feet imposed on the first two lots behind the historic house. Ms. Henderson closed with her reassurance that the proposal does not include the alteration or demolition of the historic house and that the proposed development will be positive for the City. Ms. Jamison inquired about ex part communication. None was disclosed. Ms. Jamison opened the floor for those in favor of the project. No members of the public spoke in favor. She then asked those opposed to speak at this time and reiterated that those who were not sworn in must do so prior to speaking. Mr. Shutt stated that they can be sworn in by Ms. Jamison. The following spoke in opposition: John Bennett, President of Progressive Residents of Delray (PROD), stated that "a deal is a deal." In 1989, The Wilson's, the previous owners of the Fontaine Fox property, approached the City to acquire historic designation of the entire property Lots 1, 2, and 3 and received a variance which would allow the construction of a 2,400 sq. ft. beachfront house on a non-conforming lot to the east -2- HPB Minutes 3/06/02 of North Ocean Boulevard. Frank McKinney, current owner of the Fontaine Fox property, wishes to allow construction of several homes (not including Lot 1 as he does not own that property) which is the opposite intention of the terms of the ordinance that established the designation. He further stated that when de-listing a property was applied in Palm Beach County it was due to as association with different terms that dictated its removal. Carolyn Patton, 1020 Tamarind Road and property owner at 60 Marine Way, Marina Historic District, opposed the de-listing of the property which could promote the construction of "monster" homes. She stated that if the Fox House and 622 North Ocean Boulevard are to be protected, she urged the Board to get such terms in writing as Mr. McKinney is promoting development of both 610 and 622 North Ocean Boulevard as an oceanfront retreat or the possibility of development of up to nine lots which would consequently envelop the lot which the house lies on. Monty Helm, 1221 Harbor Drive property owner, is opposed to the amendment of the ordinance as he viewed this as an attempt to manipulate the City government for personal gain. "In the past, we have revered and protected certain land and structures which have been given certain historic designations and it is our duty and privilege to continue to do so." He discussed the Wilson's deal with the City in 1989 and the Wilson's desire to ensure the integrity of the entire property on the west side of North Ocean Boulevard. He pointed out that a request to amend Ordinance 70-89 was submitted in 1992 which proposed an 840 sq. ft. addition to the house which was going to be built on the beach. However, that request was denied by the City Council on October 27, 1992. The City entered into an agreement and the City had a responsibility to not approve the addition. In closing he stated that it would be a potentially dangerous move to de-list this property. A deal was made and it should be complied with and it would be a mistake to change the existing ordinance. Kevin Warner, Beach Properties Association, reminded the applicant's representative that other City's regulations do not apply in Delray Beach. He then referenced the City's staff report which stated that there is no formal de-designation process in the LDR. He also stated that the central issue is what Delray Beach and its residents stand to gain which he felt was nothing despite the claims that the tax base would increase. If changes are made to codified laws, it shows a disrespect and disregard for the concept of the rules of the law. The City established those laws and LDRs for legitimate reasons and they should be followed. No benefits to the residents, tax payers, and the City, would be derived from this. -3- HPB Minutes 3/06/02 Alice Finst, former member of the Historic Preservation Board, spoke on behalf of the previous decision in 1989 to designate the entire property for the benefit of the house and the land. The previous owner, Ms. Wilson was very dedicated to preserving the buildings of John Volk and she would be concerned about this proposal. Ms. Finst reiterated that this is a historic property and that there is no compelling reason to alter the previous decision to designate the entire property. Alieda Riley, resident of Marina Historic District, stated that none of the additions damaged the integrity of the house and inquired that if this proposal is approved then what would be next? Ms. Jamison asked if anyone else wished to speak on behalf of the project. As no further members of the public stood to speak, she closed the meeting to the public and allowed Ms. Henderson to respond to the public's comments. Ms. Henderson requested to introduce Ms. Marla Dumas, private consultant, to discuss compatibility issues. Ms. Dumas stated that there is a great inconsistency with respect to compatibility without adequate guidelines. The current Board should not be bound to previous decisions by past Historic Preservation Boards. The City of Delray needs to look at these inconsistencies with the redevelopment of resources to ensure consistency and compatibility with historic resources. Ms. Henderson concluded by stating that the land is historic because of certain occurrences in the past. This land is historic because of its affiliation with Fontaine Fox, the cartoonist. There is no record or evidence that he did anything to the back property that was not done on the remainder of the estate. The house is also historic because it was designed by John Volk. Despite these facts, there is no evidence to prove that the "dirt" is historic. The designation simply listed all the property owned by the Wilson's but there was no basis for its historical label. The number of new homes permitted on that vacant property is relegated by the current zoning classification. The applicant is not attempting to de-list the house or propose demolition with this proposal. Further, the proposed height restrictions do not ward off the construction of "monster homes." Many changes have occurred within the City since 1989 and they can be supported based on the current regulations. The applicant is not opposed to designating 622 North Ocean Boulevard with the -4- HPB Minutes 3/06/02 assumption that the McKinney's continue to own the building as it is presently up for sale. In conclusion, the applicants wish to develop their property, as they have the right to do, without altering the historic dwelling. Mr. Shutt advised Ms. Henderson that she has the right to cross examine City staff. Ms. Henderson was satisfied with her presentation and did not need to cross examine. Ms. Shay stated that she had a rebuttal to some of the original claims proposed. The City's proposal is that three of the four proposed lots be buildable with the condition that a 50 ft. buffer be placed between the extant, historic house and any new construction. The retaining wall which abuts the outbuildings, behind the structure, does not provide adequate protection between the house and new construction. In addition, the remaining land to the west of the proposed buffer could be consolidated into three remaining lots which would provide a larger area for the remaining lots and possibly more revenue per lot. Staff is also requesting that a height restriction of 28' (the average height of a two-story building) be placed on the first two houses adjacent to the historic dwelling in order to prevent overpowering the extant building. Further, staff requested listing 622 North Ocean Boulevard in the Local Register to protect the house and 610 North Ocean Boulevard in the National Register of Historic Places to ensure that reviews will take place whenever projects are proposed in the area. Ms. Shay then presented the National standards for de-listing which include: relocation, loss of historic integrity, an error in professional judgment, or an error made in the listing process. Based on these standards, there is no basis for de-listing the property behind the house. The LDRs define an historic site as "...any site, building, structure, feature or improvement which has been designated as an historic site" under the terms and conditions of Chapter 174 of the original HP regulations. As stated in the Delray Beach Land Development Regulations, the criteria to list historically and architecturally significant properties are due to its association in a significant way with the life or activities of a major person important in city, state or national history for example, the homestead of a local founding family. The designation criteria does not restrict that definition to a building or structure but allows the entire homestead which is applicable to the land the house lies on and its surrounding property in this case. There has also been some neighborhood concern over the height of the backfill necessary to construct new residences and how that might affect drainage on the surrounding properties. To address the applicant's claims that more of the contiguous property is historic than was designated, Ms. Shay stated that there are properties -5- HPB Minutes 3/06/02 throughout the City which were affiliated with Fontaine Fox. They are no less historic because they lack a designation and as the adjacent properties were not owned by the Wilsons they could not be included. In conversations with Mrs. Wilson as to why this particular property was designated, Ms. Shay was told that it was intended to protect the integrity of the house by keeping the regulations of review consistent on all the related parcels. Staff does not have any concern over the proposed construction behind the house. Their main concern is to protect the two historic resources. The designation must remain in place for any new development to ensure that there is no negative impact on the historic structures and to ensure a Board review for any new adjacent construction (as well as staff if requested by the applicant). In closing, the city is requesting that the designation be retained on the property and that a buffer and height restriction be established. Further, staff is requesting that the property at 622 North Ocean Boulevard be placed in the Local Register and that 610 North Ocean Boulevard be placed in the National Register of Historic Places. Listing of the property in the National Register will impose no additional restrictions to the homeowners not already imposed by Local Register regulations, though there are many misnomers to the contrary, such as additional expense and governments reviews, which also discourage others from listing their property. While the City is encouraged by the additional increase in tax base, the cost of de-listing the property and possibly altering the historical and architectural integrity would be too high. Ms. Henderson closed with the following comments: Regarding the south property owners who stated their concerns, she believed it would be most helpful if their name and address went on record. She also felt that Mrs. Wilson, previous owner, should have been there to address her comments or have her comments submitted in writing rather than have them interpreted by another. Further, she stated that there are consulting expenses which would be incurred by listing the property in the National Register and that there are other ways to stop government actions such as the widening of A1A. The private home is not open to the public and should therefore not be exposed to such scrutiny. Ms. Shay confirmed that the expenses referenced to by Ms. Henderson were that of consulting fees and not imposed upon by the State of the National Park Service and that her services could be utilized to research and write the report for no fee. At this point, Ms. Jamison closed the public portion of the meeting. Ms. Shay then requested that the project file be entered into record. -6- HPB Minutes 3/06/02 At this time the Board took a five minute break. Ms. Jamison advised the Board not to discuss this item with anyone or amongst themselves. Ms. Jamison called the meeting back to order at 7:35pm. Ms. Sloan inquired about the location of the retaining wall. Ms. Henderson indicated on the overhead map which showed the wall along the back (west) of the extant dwelling. Ms. Sloan inquired why the other parcels did not have the designation (Ordinance 70-89) applied to them. Ms. Dumas responded that it could have been a district for the Fontaine Fox Estate and the adjacent, contiguous properties could have been designated. Ms. Jamison addressed this issue stating that the Board does not arbitrarily designate a district and that the majority of the homeowners within the proposed district must concur with the designation. Ms. Dumas inquired as to whether the other property owners were approached. Ms. Jamison was uncertain. Ms. Henderson stated that the inconsistency has to do with the Lane Subdivision. However, it was not considered at that time that the site was historical. Ms. Sloan asked if the Wilson's deemed it historic. Ms. Henderson stated that they had but that the integrity of the property could not be shown and that they exchanged the designation for construction of a single family home on the east side of North Ocean Boulevard. Ms. Jamison stated that she did not believe that Mrs. Fox who lived at 622 North Ocean Boulevard would have agreed to the designation of the adjacent property. Ms. Sexton inquired about the height of the Fontaine Fox house. Ms. Shay stated that it was a standard two-story house. -7- HPB Minutes 3/06/02 Ms. Henderson approximated its height to be 28'. Ms. Sexton inquired as to whether the height should not exceed the height of the house and if 35' was the height that the City allows. Ms. Henderson concurred that 35' is permitted. Ms. Sexton inquired as to the size of the proposed lots due to the addition of the lane. Ms. Henderson indicated they would be 100 x 125 ft. for a total of 12,500 sq. ft. which meet dimension and area regulations. Mr. Simon requested exact dimensions of the proposed four lots. Mr. Martino, Principal Planner, stated that they would be 100' x 126' for a total of 12,599 sq. ft. If three lots were developed, the remaining parcel could be redistributed any number of ways. Ms. Elliott asked if the current owners, the McKinney's, were aware of the constraints placed on the property by the Unity of Title, etc. Was their intent to develop the property? Ms. Henderson replied that she could not speak about intent at the time of purchase. Mr. McKinney is a developer; however, it is currently their home. Ms. Elliott then stated that perhaps if a developer had not bought the property, nothing would have come of this and everything would stay the same. Was purchasing the property merely for economic gain? Ms. Henderson stated there are clearly economic issues involved. as the area behind the house is appraised at $375,000 and if subdivided and sold off, the owners would make a profit. They were, however, well aware of the restrictions imposed by the designation associated with Ordinance 70-89. Mr. Simon inquired about the Unity of Title. Ms. Henderson presented the Title and passed it on to the Board for review. She then explained that Ms. Wilson filed the Unity of Title to protect the home but it does not encompass Lots 1, 2, and 3. -8- HPB Minutes 3/06/02 Mr. Simon inquired as to the setback of the wall. He stated that it is very close to the house which must be why the City is requesting the buffer. He then inquired as to whether the City was requesting removal of the designation. Mr. Martino replied that it is an adjustment to the density restriction while Ms. Shay stated that the City is not requesting removal of the designation and does not wish to restrict the property owner's rights to develop but merely to have some review. Mr. Simon inquired about the approval process. He stated that marketing of this property has been going on for at least three years encompassing the 5.4 acreage in total and that this is not a new development proposal despite what the applicant claims. Ms. McDermott stated that she could not vote in favor of the change. Ms. Jamison stated that she would not support the de-listing of any property. Mr. McKinney knew what the conditions of the designation were. She could support the 50 ft. buffer and the development of three developable lots but she could not support any type of de- listing. Ms. Shay requested an opportunity for closing arguments and wanted to reiterate that the issue has nothing to do with whether additional parcels should be designated but deals directly with what is already designated which are Lots 1, 2, and 3 and that she still has concerns about registering the house at 622 as someone could purchase the lot and tear the house down. Ms. Henderson stated that the main issue was whether it was appropriate to have the dirt behind the house designated. Ms. Jamison asked someone to make motion. It was moved by Ms. Sexton, seconded by Ms. McDermott and failed 3-3 (Jamison, Elliott, and Sloan dissenting) to make a recommendation to deny approval of COA 2002-101-COA-CCA for the amendment to Ordinance 70-89 affecting 610 and 615 North Ocean Blvd, Fontaine Fox House with the basis as stated. Mr. Shutt announced the motion died due to a tie. Ms. Jamison requested a motion be made by Ms. Sexton to include 622 North Ocean Boulevard. Ms. Sexton asked that someone else make a motion. -9- HPB Minutes 3/06/02 It was moved by Ms. Sloan, seconded by Ms, Elliott and failed 3-3 (Simon, Sexton, and McDermott dissenting) to make a recommendation to request to amend Ordinance 70-89 based on positive findings for the property at 610 & 615 North Ocean Blvd. with respect to LDR Section 4.5.1(B), (E), and (K), and the Design Guidelines subject to the following conditions: 1) Maintain the geographical boundaries of the historic designation (Lots 1, 2, & 3) and the south 10 ft. of Lot 3. 2) Modify the density restriction from 3 to 5 dwelling units. 3) Establish a minimum of a 50 ft. buffer between the existing wall at the rear of 610 and the adjacent lot (west). 4) Restrict the height of any new construction of proposed Lots 3 and 7 to 28 ft. 5) That the property at 622 N. Ocean Blvd be listed in the Local Register of Historic Places and approved by the City Commission. The designation process for local listing is to be completed prior to the recordation of the proposed final plat. 6) That the Fontaine Fox House must be listed on the National Register of Historic Places, unless otherwise determined by the State Historic Preservation Office. The designation process for listing in the National Register will be initiated prior to the recordation of the final plat. Mr. Shutt announced the motion likewise died as it is a tie. He encouraged further Board discussion. Ms. Sloan stated that the two designations make the remainder of the concessions worthwhile. Ms. Jamison concurred. Ms. Sexton inquired as to whether the McKinney's own all the property. Ms. Jamison confirmed that they owned all but Lot 1. Ms. Jamison stated that she did not feel that any portion of the property should be de-listed. Ms. Sloan felt that the City gained from a historic preservation perspective. -10- HPB Minutes 3/06/02 Mr. Simon concurred that the designations are a big benefit to the City. Ms. Sloan stated that the designation remaining in place will protect the back property through review in addition to gaining a second designation. Ms. Sexton expressed her concern over the lack of protection/designation on Lot 7. Mr. Marfino and Ms. Shay stated that if Lot 7 were to be designated it would be in conjunction with designating the property at 622. Mr. Marfino stated that as part of the motion that it could be stated "as the property exists." Mr. Simon inquired about the configuration of the Lot behind 622. Mr. Marfino clarified. Ms. Sexton declared that the Board has no purview over the lots behind 622 until designation is in place. Mr. Simon asked if the conditions would be upheld at the City Commission level. Ms. Shay stated that it was their prerogative to approve, deny, or amend those conditions. Ms. Sexton recommended the division of Lot 3. Mr. Simon stated that it could be stated as such in a motion. Ms. Henderson stated that her applicant would not have to comply with a recommendation. It was moved by Ms. Sexton, seconded by Ms. Elliott and passed 6- 0 to make a recommendation to amend Ordinance 70-89 based on positive findings for the property at 610 & 615 North Ocean Blvd. with respect to LDR Section 4.5.1(B), (E), and (K), and the Design Guidelines subject to the following conditions: 1) Maintain the geographical boundaries of the historic designation, Lots 1 thru 3 of Ocean Apple Estates and the south 10 ft. of Lot 3 of Palm Beach Acres. 2) Modify the density restriction from 5 to 4 dwelling units. -11 - HPB Minutes 3/06/02 3) Establish a minimum of a 50 ft. buffer between the existing wall at the rear of 610 North Ocean Boulevard and the adjacent lot west approximately 140 ft. east of the west line of Lot 2 of Ocean Apple estates (as shown on the attached map). 4) Restrict the height of any new construction of proposed Lots 3 and 7 to 28 ft. 5) That the residence at 622 North Ocean Blvd be listed in the Local Register of Historic Places and approved by the City Commission. The designation process for local listing is to be completed prior to the recordation of the proposed final plat. 6) The Fontaine Fox House must be listed on the National Register of Historic Places, unless otherwise determined by the State Historic Preservation Office. The designation process for listing in the National Register will be initiated prior to the approval of the plat. Ms. Shay clarified that Lot 7 is not included in this recommendation. Ms. Henderson requested clarification. Ms. Jamison stated that all of the parcels in question would be designated. Mr. Marfino explained that the inclusion of the property at 622 would be incorporated into another ordinance. III. CERTIFICATES OF APPROPRIATENESS A. Donnie's Golden Spoon Restaurant, West Side of NW 5th Avenue, West Settler's Historic District, Donnie Dobson, Owner. Item Before the Board: Continued from February 6, 2002- Re- consideration of lighting fixtures and the railing associated with the proposed restaurant. Ms. Shay presented the project. The Board previously directed the applicant to revise the decorative light poles and fixtures in order to -12- HPB Minutes 3/06/02 be consistent with the public light poles along West Atlantic Avenue and to add vertical elements to the proposed railing. Mr. Dobson was present to represent the project. Ms. McDermott inquired about the material of the light pole. Ms. Shay confirmed that it is metal. Mr. Simon inquired as to whether the vertical elements on the hand rails are metal. Ms. Shay stated that she thought that they were. Ms. McDermott and Mr. Simon inquired as to whether they had to meet handicapped accessible standards for a rail due to the slope. Ms. Shay confirmed that they were necessary unless they met the 1:12 slope. It was moved by Mr. Simon, seconded by Ms. Sloan and passed 6- 0 to approve the decorative light poles and vertical hand rails based on positive findings with respect to LDR Section 4.5.1 (E)(4) and (E)(8). B. Atlantic Grove, Atlantic Avenue between SE 3rd Avenue & SE 5th Avenue, West Settler's Historic District, Tim Hernandez, Authorized Agent. Item Before the Board: Continued from February 6, 2002 — Re- consideration of the site lighting associated with the Class V Site Plan for Atlantic Grove mixed-use development pursuant to LDR Sections 4.5.1(E)(4) and 4.5.1(E)(8). Neither the applicant nor the authorized agent was present. Mr. Simon inquired as to whether the lighting matched that just approved for Donnie's Golden Spoon. Ms. Shay stated that the applicant felt they were cost prohibitive and did not compliment the architecture of the project. It was moved by Mr. Simon, seconded by Ms. McDermott and passed 5-1 (Sexton dissenting) to approve the installation of the decorative lighting fixtures for the Atlantic Grove Complex based upon positive findings with respect to LDR Sections 4.5.1(E)(4) and -13- HPB Minutes 3/06/02 (E)(8), the Delray Beach Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. IV. REPORTS AND COMMENTS A. Reports from Historic District Representatives None B. Board Members None C. Staff Ms. Shay mentioned an opening on the Board to replace Dave Bodker and that several terms are ending in August 2002. Those Board members need to apply to be re-appointed. Mr. Simon inquired about whether a new owner could relocate or demolish the house at 610 North Ocean Boulevard? Ms. Shay confirmed that it could be relocated or demolished though adequate documentation would have to be provided to support such a request. Ms. Jamison discussed a possible National Register nomination for a property on Hibiscus. Ms. Elliott inquired about the possibility of extending the Old School Square Historic District two blocks to the south from NE/NW 2nd Street to NE/NW 4th Street. Ms. Shay would like to request a survey of the area before considering new boundary changes. Ms. Shay distributed copies of the Secretary of the Interior's Standards for Rehabilitation to the Board. V. ADJOURNMENT There being no further business before the Board, the meeting adjourned at 10:00 P.M. The information provided herein is the Minutes of the meeting of said body for March 6, 2002, which were formally adopted and approved by the Board on July 16, 2003. -14- HPB Minutes 3/06/02 If the Minutes that you have received are not completed as indicated above, then these are not the Official Minutes. They will become so after review and approval, which may involve some changes. -15- HPB Minutes 3/06/02 4� 04 "riy AGENDA HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: March 6, 2002 Type of Meeting: Regular Meeting Location: Pompey Park Auditorium, Rooms A& B Time: 6:00 P.M. 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. Pursuant to F.S.286.0105. I. CALL TO ORDER II. PUBLIC HEARING ITEMS A. 610 & 615 N. Ocean Blvd., Fontaine Fox House, Individually listed historic property, Rebecca Henderson, Authorized Agent Recommendation to the City Commission regarding an amendment to Ordinance 70-89 for the historic designation of the Fontaine Fox House and related property. III. CERTIFICATES OF APPROPRIATENESS A. Donnie's Golden Spoon Restaurant, Commercial Building, West Side of NW 5th Avenue, Approximately 300' North of West Atlantic Avenue, West Settlers Historic District, Donnie Dobson, Owner. Consideration of a railing and lighting fixtures associated with the proposed restaurant(continued from February 6, 2002). B. COA 469: Atlantic Grove, New Construction— Mixed Use, North 300 and 400 Blocks of West Atlantic Avenue, West Settlers Historic District, Tim Hernandez, Authorized Agent. Consideration of lighting fixtures associated with a proposed Class V Site Plan for a Mixed-Use Redevelopment Project(continued from February 6, 2002). III. REPORTS AND COMMENTS A. Reports from Historic District Representatives B. Board Members C. Staff IV. ADJOURN HPB Meeting March 6, 2002 Page 2 n yr c rtU, , \WAAL( Wendy Shay, Historic Preservation Planner POSTED ON: March 1, 2002 HISTORIC PRESERVATION MEMORANDUM STAFF REPORT Item: II. A. - Meeting of March 6, 2002 Consideration of an amendment to Ordinance 70-89 regarding the Fontaine Fox House historic designation. Location: 610 & 615 N. Ocean Boulevard ITEM BEFORE THE BOARD The item before the Board is approval of an amendment to Ordinance 70-89 for the Fontaine Fox House historic designation, pursuant to LDR Sections 4.5.1(B) and 4.5.1(K)(2). BACKGROUND The Fontaine Fox historic designation contains approximately 2.5 acres of land and consists of Lots 1, 2 and 3 of the Ocean Apple Estates Plat and the south 10' of Lot 3 (lying east of A1A) of the Palm Beach Shore Acres plat. The properties are located approximately 900' south of George Bush Boulevard between Andrews Avenue and the Atlantic Ocean. Lot 1 lies on the east side of Ocean Blvd. (615 N. Ocean Blvd.) while lots 2 and 3 lie on the west side of Ocean Blvd (610 N. Ocean Blvd.) between N. Ocean Boulevard and Andrews Avenue. Associated with the property is a 1,184 square foot Cape Cod cottage, which was constructed in 1936 of Florida cypress. Inspired by the trolley made famous in Fontaine Fox's "Toonerville Trolley" cartoon strips, the Cape Cod Cottage style is located on Lot 2. Three outbuildings are also located to the west (behind) the existing house on lot 2. All three structures are considered contributing buildings. Zoned R-1-AAA Single Family Residential, the property (including all three lots) is an individually listed historic property in the City of Delray Beach as established by Ordinance 70-89. The Historic Preservation Board recommended approval of Ordinance 70-89 to the City Commission on September 20, 1989 with the stipulations that Lot 1, the oceanfront lot, could build one dwelling unit of no more than 2,400 square feet and that the property be subdivided into no more than three lots for no more than three dwelling units (one house per lot). The Ordinance was adopted by the City of Delray Beach on October 24, 1989. In conjunction with the designation, the beachfront lot (Lot 1) received a variance to allow a lot that did not comply with the minimum lot area and side building setback requirements of the R-1-AAA zoning district. The gross lot size was reduced from 12,500 sq. ft. to 8,042 sq. ft. and the side setbacks reduced from 12' to 5'. A request to amend Ordinance 70-89 was submitted in June 1992 which proposed an 850 square foot addition to the gross floor area for the single family home to be constructed on Lot 1 (615 N. Ocean Boulevard). This amendment would have allowed a dwelling unit of 3,250 gross square feet as opposed to the 2,400 square foot restriction as imposed by the Ordinance. Upon review of the request, the Board recommended approval of the amendment to the City Commission at its meeting on October 27, 1992. However, the amendment request was denied by the City Commission during its meeting on October 27, 1992. 610 &615 N. Ocean Boulevard, Ordinance amendment Individually Listed Property Page 2 In December 2, 1992, the Board approved the architectural elevations for the construction of a new residence at 615 N. Ocean Blvd. Approval was contingent upon the terms set forth in Ordinance 70-89, which stated that the building shall contain no more than 2,400 square feet or gross floor area. PROJECT DESCRIPTION /ANALYSIS Project Description: The proposal is to amend Ordinance 70-89 in order to remove the historic designation from Lot 3 and a portion of Lot 2 (see map) and alter the previous density restriction to allow Lot 3 and a portion of Lot 2 to be subdivided into a total of four separate parcels to accommodate a development plan for construction of single family homes (perpendicular to the extant historic structure). The historic designation for the remaining portion of the current Lot 2 (see map), the lot that houses the Fontaine Fox House and its contributing outbuildings, as well as Lot 1 on the ocean side, would remain. The overall project also proposes to subdivide the lot immediately north of the Fontaine Fox House, which consists of a contributing Cape Cod house built in 1935 (proposed lots 6 & 7). Lot 7, located directly behind (west) the structure at 622 N. Ocean Boulevard is currently described as Lot 1 of the Hancock Subdivision. De-designation Analysis: There is no formal de-designation process in the Land Development Regulations. In absence of a formal process, this de-designation request is being evaluated based upon the current designation criteria. If it is determined that the de- designation should not be evaluated based upon these standards, the item should be tabled and a formal de-designation LDR process created. LDR Section 4.5.1(E)(4), (E)(8)(a), and (E)(8)(j) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The guidelines are as follows: The Board Shall Consider: (a) 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. (b) All improvement to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility can include but is not limited to: consistency in relation to materials, texture, and color of the façade of a building in association with the predominant material used in surrounding historic sites and structures within the historic district. 610 &615 N. Ocean Boulevard, Ordinance amendment Individually Listed Property Page 3 (c) A height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings. (d) The size of a buildings, the building mass in relation to open spaces, windows, door openings, balconies, and porches shall be visually compatible with the building size and building mass of historic sites, buildings, and structures within a historic district. In 1989, the previous property owners, Roderick and Joyce Wilson initiated the designation process for the Fontaine Fox Property, currently described as Lots 1-3 of Ocean Apple Estates, for listing in the Local Register of Historic Places. The designation would ensure that the density of development for the property was restricted and would permit the construction of a dwelling on the lot directly across from the Fox residence on the east side of Ocean Boulevard (Lot 1). As previously stated, this lot received a variance to allow the creation of a lot that did not comply with the minimum lot area and side yard building setback requirements of the R-1-AAA zoning district. The request for historic designation of the property and the restrictions imposed on the property to limit the division of one lot to three and imposing a square footage limitation on the oceanfront parcel (Lot 1) was supported by the property owners and was not an arbitrary action by the City. Due to the fact that these restrictions run with the land and not the owner, the designation and building restrictions should remain on all three lots associated with the property. The removal of the designation from the adjacent lot (lot 3 and a portion of Lot 2) could hold long term implications for both the protection of the integrity of the extant historic structures at 610 N. Ocean Blvd. and the designation status of other sites and structures on the Local Register of Historic Places. In order to protect the integrity of the Fontaine Fox House and its contributing outbuildings, it is recommended that lot 3 be divided into just three additional parcels, allowing the development of these conforming lots for the construction of just one single family home on each parcel. The fourth lot, adjacent to the Fontaine Fox house (directly to the west of the house) should be divided/eliminated to establish a minimum of a 50' buffer between the proposed new lots and the historic property. The residual area of this divided lot could then be incorporated into the three remaining proposed lots (lots 1-3). These restrictions will allow for further development of the property and is therefore not considered an economic hardship for the property owner. As the limitations on the property were already in place when the current owner purchased the property, there was an understanding of the property's development restrictions including the historic designation from the time of purchase. Additionally, the historic designation would remain on all three extant lots to ensure that the design elements including the scale and massing of the new construction conform to the Secretary of the Interior's Standards for Rehabilitation and the Delray Beach Design Guidelines. As the proposed project protrudes onto the adjacent lot to the north affecting the historic residence at 622 N. Ocean Blvd., it is recommended that steps be taken to list the house at 622 N. Ocean Blvd. on the Local Register of Historic Places, which has been attached as a condition of approval. Controlled density and design elements for any new construction in close proximity to the historic structures on 610 and N. Ocean Blvd. would further protect the integrity of the structures and control 610 &615 N. Ocean Boulevard, Ordinance amendment Individually Listed Property Page 4 future development plans around the buildings. To ensure that any new construction be designed to compliment the surrounding historic structures, a height limitation of 28' is recommended for any structure built on proposed lots 3 and 7 (per staff recommendation to eliminate lot 4). In addition, to the above, it is recommended that the property owner move forward with the filing of a Preliminary Information Site Questionnaire (PSIQ) with the Division of Historical Resources (SHPO) in Tallahassee to ascertain the historical and architectural integrity of the Fontaine Fox house and its outbuildings for their nomination to the National Register of Historic Places. If the PSIQ yields positive findings towards listing the house, a National Register nomination should then be initiated and submitted to the National Park Service to designate the property and its contributing historic structures to the National Register. Both designation processes are to be initiated prior to the approval of the plat. These terms have been placed as conditions of approval. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve 2002-101-COA-CCA for the amendment to Ordinance 70-89 affecting 610 & 615 N. Ocean Blvd, the Fontaine Fox House, based upon positive findings with respect to LDR Section 4.5.1(B) and 4.5.1(K)(2) and the Delray Beach Design Guidelines subject to conditions. C. Deny approval of 2002-101-COA-CCA for the amendment to Ordinance 70-89 affecting 610 & 615 N. Ocean Blvd, the Fontaine Fox House, with the basis stated. RECOMMENDATION Approve the request to amend Ordinance #70-89 based on positive findings for the property at 610 & 615 N. Ocean Boulevard with respect to LDR Section 4.5.1 (B), (E), and (K), and the Design Guidelines subject to the following conditions: 1) Maintain the geographical boundaries of the historic designation (Lots 1-3 of Ocean Apple Estates and the south 10' of lot 3 of Palm Beach Shore Acres). 2) Modify the density restriction from three to five dwelling units. 3) Establish a minimum of a 50' buffer between the existing wall at the rear of 610 N. Ocean Boulevard and the lot adjacent (west) approximately 140' east of the west line of Lot 2 of Ocean Apple Estates (as shown on the attached map). 3) Restrict the height of any new construction of proposed lots 3 & 7 to 28'. 2 610 &615 N. Ocean Boulevard, Ordinance amendment Individually Listed Property Page 5 4) That the residence at 622 N. Ocean Blvd be listed in the Local Register of Historic Places and approved by the City Commission. The designation process for local listing is to be completed prior to the recordation of the proposed final plat. 5) That the Fontaine Fox House must be listed on the National Register of Historic Places, unless otherwise determined by the State Historic Preservation Office. The designation process for listing in the National Register will be initiated prior to the approval of the plat. Attachments: Staff Report for Historic Designation of 610 N. Ocean Blvd., Current Plat, Proposed Plat Report Prepared by:Wendy Shay, Historic Preservation Planner 1 • . III 1 HAMMOND RD. w 1 D z k > r - - - ... - - - - r — inn - - - - - - - - ter. - - - < I r ' 44 v i N 1 3 2 1 0 1 r ,--- - - - ' m116 — — _ — — — — — — — - In, I Ca Lii m„ J 0 � - - - - - - d k z tt Q HARBOR DRIVE , m o U Z D' Q M m w N Q 0 I,M O --NOT TO SCALE-- EXISTING CONDITIONS • EXISTING LIMITS OF HISTORIC DESIGNATION- ehye • PLAT OF OCEAN APPLE ESTATES. 1 HAMMOND RD. I I 7 6 z k LU - - - - - - M =pi - - - - tt VILLAGE BY THE SEA LANE ; r kl vi 1 I Ca 1 2 3 4 5 raim m um EN in I * CI ° 1 > k z Jtt HARBOR DRIVE m 0 / z 0 m w N Q 0 '-- J=• 0 f --NOT TO SCALE-- ♦ HISTORIC DESIGNATION LIMITS AS PROPOSED-��V/ PROPOSED PLAN • LOT CONFIGURATION FOR PROPOSED VILLAGE BY THE SEA PLAT. CITY OF DELRAY BEACH,FL PLANNING&ZONING DEPARTMENT * DENOTES SOUTH 10'OF LOT 3,BLOCK"E,"PALM BEACH SHORE ACRES. --DIGITAL EASE MAP SYSTEM-- MAP REF: LM584 �n .__ . ..HISTORIC PRESERVATIONvBOARD}MEMORANDUM STAFF REPORT � r Agent: Donnie Dobson Project Name: Donnie's Golden Spoon Restaurant Project Location: Between NW 5th Avenue and NW 6th Avenue, approximately 300' north of West Atlantic Avenue (north of the Fire Station #1). The item before the Board is consideration of the railings and site lighting associated with the COA-2001-229 for a Class V site plan and associated building elevation for Donnie's Golden Spoon Restaurant, pursuant to LDR Sections 2.4.6(J). BACKGROUNDIANAL�YSIS' Background At its meeting of February 6, 2002, the Historic Preservation Board (SPRAB) reviewed the Class V Site Plan Application for Donnie's Golden Spoon Restaurant. The modification included the installation of a 2,911 square foot restaurant, parking and associated landscaping and dumpster enclosure. The exterior lighting consisted of concrete poles and a standard commercial light fixture (shoe-box). The handicap ramp and walk-up window included a railing that consisted of two horizontal rails. The Board approved the site plan, landscape plan and architectural elevations. However, the Board directed the applicant to revise the proposal to include decorative light poles and fixtures that are consistent with the public light poles along West Atlantic Avenue together with railings that have vertical elements. Design Elements Analysis: LDR Section 4.5.1(E)(4), Section 4.5.1(E)(8) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The guidelines are as follows: 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 to the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time. All improvements to building, structures, and appurtenances within a designated historic district shall be visually compatible. Analysis: The applicant has submitted a "cut-sheet" detail of decorative light poles and fixtures that are similar to the City's light poles along West Atlantic Avenue. The revised elevations include railings that have vertical elements. Meeting Date:March 6, 2002 Agenda Item: II.A. l a SPRAB Memorandum Staff Report Donnie's Gold Spoon Restaurant—Site Plan & Building Elevations Page 2 Conclusion The decorative light poles and fixtures as well as the proposed railing will be consistent with LDR Section 4.5.1(E)(4) and (E)(8) the City Design Guidelines. Approve the COA for the decorative light poles and fixtures, and vertical hand rails for Donnie's Golden Spoon Restaurant based on positive findings with respect to LDR Sections 4.5.1(E)(4) and (E)(8). Attachment: Previous Light Pole/Fixture Revised Light Pole/Fixture Previous Hand Rail Revised Hand Rail LUMINAIRE SCHE Symbol Label Qty I I SA 4 UGHT (SEE SCHED.) }: .r. 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BACKGROUND At its meeting of February 6, 2002, the Historic Preservation Board reviewed the Landscape Plan and Design Elements/Architectural Elevations for Atlantic Grove, a mixed-use development to be located on the north side of West Atlantic Avenue between NW 3rd and NW 5th Avenues. The Board discussed the two different proposed decorative light fixtures along the right-of-way and their use in the interior of the development. After an in depth discussion, the light regarding the light fixtures was tabled in order to solicit guidance from the City regarding future plans for the area's redevelopment and to determine a specific policy for decorative lighting and whether it should mimic the decorative fixtures that are currently used along Atlantic Avenue. Upon further review, Planning Staff has determined that any fixtures along the right-of-way of any new project in the Atlantic Avenue Corridor must reflect the decorative style of those fixtures in place on Atlantic Avenue. However, the fixtures installed in the interior lot of a project must be decorative in nature but does not need to replicate the design of the fixtures on Atlantic Avenue assuming that the proposed fixtures are compatible with the architectural style of the surrounding structure(s). ANAYLSIS Design Elements Analysis: LDR Section 4.5.1(E)(4), Section 4.5.1(E)(8) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The guidelines are as follows: 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 to the Secretary of the Interior's Standards for Rehabilitation, as amended from time to time. Meeting Date: March 6, 2002 Agenda Item: III.B. `r HPB Staff Report Atlantic Grove— Lighting Page 2 All improvements to building, structures, and appurtenances within a designated historic district shall be visually compatible. The proposed lighting fixtures along the adjacent streets and in the main parking lots behind the mixed-use buildings will be the same as those used by the City in the new streetscape for West Atlantic Avenue. The developer has agreed to install the City light poles and fixtures at the entrances to the off-site parking lot and townhouse development to obtain consistency with the streetscape lighting. As presented in the meeting of February 6, 2002, a colonial lantern-style fixture will be used within the interior townhouse area and in the rear parking lot in the 400 block, adjacent to Mount Olive Church. CONCLUSION The proposed lantern lighting conveys a visual compatibility to the decorative lighting as viewed along the Atlantic Avenue streetscape and the right-of-way in its pedestrian friendly scale and luminosity. In addition, the fixtures are decorative in nature and will maintain the architectural theme of the complex. Positive findings with respect to LDR Section 4.5.1(E)(4) and Section 4.5.1(E)(8), the City's Design Guidelines and the Secretary of the Interior's Standards for Rehabilitation can be made with approval. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the COA for the installation of the decorative lighting for the Atlantic Grove Complex. C. Deny the COA for the installation of decorative lighting for the Atlantic Grove Complex, with the basis stated. RECOMMENDATION: ,. Approve the Certificate of Appropriateness for the installation of decorative lighting for the Atlantic Grove Complex, based upon positive findings with respect to LDR Section 4.5.1. (E)(4) and (E)(8) and the Delray Beach Design Guidelines and the Secretary of the Interior's Standards for Rehabilitation. Attachments: • Lighting plan and details