HPB-12-18-02 12/18/02
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2001
Regular Historic Preservation Board Meeting of
DECEMBER 18, 2002
PRINT FULL NAME ADDRESS OR ORGANIZATION ITEM
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MINUTES OF THE HISTORIC PRESERVATION BOARD
CITY OF DELRAY BEACH
DELRAY BEACH, FLORIDA
PUBLIC HEARING
MEETING DATE: December 18, 2002
LOCATION: FIRST FLOOR CONFERENCE ROOM
I. ROLL CALL
The meeting was called to order by the Chairperson at 6:00 P.M. Upon roll call it
was determined that a quorum was present.
MEMBERS PRESENT: Mary Lou Jamison, Gail Lee McDermott, Gloria Elliott,
Rhonda Sexton, Jim Keavney, Bill Branning,
Francisco Perez-Azua.
MEMBERS ABSENT: None
STAFF PRESENT: Wendy Shay, Scott Aronson
II. APPROVAL OF MINUTES
The Minutes for the Regular Meeting of November 18, 2002 were before the Board
for consideration. Ms. McDermott moved to approve the minutes as presented.
Br. Branning requested that a change of color for the door on the Colony Hotel
must be brought back before the Board. Ms. McDermott amended her motion to
include the issue of the color of the doors of the Colony Hotel. The motion was
seconded by Ms. Sexton and passed 7-0.
III. MOTION TO AMEND AGENDA
It was moved by Mr. Branning, seconded by Ms. Sexton and passed 7-0 to move
Mariposa, 48 SE 1st Avenue to the beginning of the Certificate of Appropriateness
agenda.
IV. CERTIFICATES OF APPROPRIATENESS
Ms. Jamison, Chairperson, read the Quasi-Judicial Rules into record and swore in
all those wishing to speak.
A. Mariposa, 48 SE 1ST Avenue, OSSHAD District, Charles Rhein,
Authorized Agent-
Action Before the Board: The action before the Board is to approve
a COA-2002-111 and associated Class IV Site Plan, Landscape
Plan, Design Elements, Sign and waivers for Mariposa, 48 SE 1st
Avenue, pursuant to LDR Section 2.4.5(F).
Ms. Shay entered into the record the application and her resume.
Mr. Charles Rhein was present to represent the project.
Mr. Rhein addressed his concern regarding the condition of
approval to bury the utility lines. Further, he requested the retention
of the existing metal awnings.
Staff confirmed that burying the lines is a requirement of new site
plans as required in the Land Development Regulations.
Mr. Branning expressed his concern over the slope of the retaining
area.
The Board expressed its concern over the dimensions and design
of the monument sign for the building.
Ms. Shay recommended a reduction of the sign by one foot on both
the width and height.
Ms. McDermott expressed her concern over the location with
respect to visibility at the corner of the property. She agreed that
retention of the awnings is appropriate though the colors should be
toned down.
Waivers
After much discussion, it was moved by Mr. Branning, seconded by
Mr. Perez and passed 7-0 to approve the waiver from LDR Section
4.4.24(G)(3), to allow parking on the south and east sides of the
building, based upon positive findings with respect to LDR Section
2.4.7(B)(5).
It was moved by Mr. Branning, seconded by Mr. Keavney and failed
1-6 (Keavney supporting) to approve the waiver from LDR Section
4.6.14(A)(2) to reduce the site visibility triangle from 40' to 10' at the
intersection of SE 1st Street and SE 1st Avenue, based on positive
findings with LDR Section 2.4.7(B)(5), subject to written
confirmation from the City Engineer.
Site Plan
It was moved by Mr. Branning, seconded by Ms. McDermott and
passed 7-0 to approve the COA and associated Class IV site plan
-2- HPB Minutes 12/18/02
modification for Mariposa based on positive findings with respect to
Chapter 3 (Performance Standards), and Section 2.4.5(F)(5)
(Finding of Compatibility) of the Land Development Regulations
and policies of the Comprehensive Plan subject to the following
conditions:
1) Address all Site Plan and Engineering Technical Items and
submit three (3) copies of the revised plans.
2) That the use of the property comply with LDR Section
4.4.24(c)(2) regarding the accessory use of the property or a
conditional use application be submitted.
3) That the off-site parking agreement be dissolved.
4) That the asphalt driveway to the canopy on the south side of the
property be removed and converted to landscape area.
5) That the photometric plan is revised to conform to the
illumination standards, provide an elevation detail of the light
poles and fixtures with a maximum height of 25' and that they
be residential/decorative in character.
6) That the planter at the west end of the parking tier is eliminated
or the perimeter landscape area reduced (five-foot minimum)
and the parking spaces on the north side of the parking tier
shifted to the east in order to provide the required maneuvering
area.
7) That an enclosure be created on the west side of the building,
north of the staircase with a six-foot high vision obscuring
enclosure for refuse containers to screen it from the property to
the west.
8) That a $6,000 in-lieu parking fee be remitted prior to issuance of
a building permit and that parallel parking is installed along SE
1st Street per LDR Section 4.6.9(E)(3)(e).
9) That the dry retention area be limited to a depth of one foot and
any addition requirements be provided with the installation of a
French drain.
Landscape Plan
It was moved by Mr. Perez, seconded by Ms. McDermott and
passed 7-0 to approve the proposed Landscape Plan, based upon
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positive findings with respect to LDR Sections 4.6.16 of the Land
Development Regulations, subject to the following condition:
1) That the swale be eliminated or limited to one foot.
Design Elements
It was moved by Mr. Branning, seconded by Ms. Sexton and
passed 7-0 to approve the proposed elevation changes for
Mariposa, based upon positive findings with respect to LDR
Sections 4.5.1 and 4.6.18, subject to the following conditions:
1) That the building and awnings be painted a color scheme in
accordance with the approved charted colors or be brought
back before the Board.
2) That the sign be re-submitted to the Board for review and
approval.
3) That a detail of any proposed window be submitted to Staff fro
review and approval.
At this time, Mr. Branning left for the evening.
V. DISCUSSION ITEM
A. Bus Shelters
Scott Aronson, Delray Beach Parking Specialist, presented five
designs proposed for the City's future bus shelters. He described
the project including deadlines for grant applications and the
internal review process by City Boards and Committees who would
be affected by the installation of the shelters. Mr. Aronson
requested a recommendation by the Board regarding the five
proposed designs.
It was moved by Ms. McDermott, seconded by Ms. Sexton and
passed 6-0 that the Board preferred design "E" as the first choice,
design "D" as second, design "C" as third, design "B" as fourth, and
then "A" as the fifth and least desirable choice.
It was moved by Ms. McDermott, seconded by Ms. Sexton and
passed 6-0 to accept the teal and rawhide color scheme as
presented by Mr. Aronson.
-4- HPB Minutes 12/18/02
VI. REPORTS AND COMMENTS
A. Public Comments:
None
B. Report from Historic District Representatives:
None
C. Board Members:
Ms. Jamison requested clarification of the survey information.
D. Staff:
Ms. Shay expanded on information regarding the improvement on
the Atlantic Avenue Bridge.
Ms. Shay requested participation by the Board for the 2004 Florida
Trust Annual Meeting in Delray Beach.
VII. ADJOURNMENT
There being no further business before the Board, the meeting adjourned at 7:30
P.M.
The information provided herein is the Minutes of the meeting of said body for
December 18, 2002, which were formally adopted and approved by the Board on
May 21, 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.
-5- HPB Minutes 12/18/02
``,�.4 c� AGENDA
HISTORIC PRESERVATION
BOARD MEETING
46 *1' CITY OF DELRAY BEACH
Meeting Date: December 18, 2002
Type of Meeting: Regular Meeting
Location: First Floor Conference Room
Time: 6:00 P.M.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a
disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity
conducted by the City. Please contact Doug Randolph at 243-7127(voice), or 243-7199 (TDD), 24 hours prior
to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening
devices are available for meetings in the Commission Chambers.
If a person decides to appeal any decision made by the Historic Preservation Board with respect to any
matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for
this purpose such persons may need to ensure that a verbatim record of the proceedings is made. Such
record includes the testimony and evidence upon which the appeal is to be based. The City does not provide
or prepare such record. Two or more City Commissioners may be in attendance.
CALL TO ORDER
II. APPROVAL OF MINUTES
• November 18, 2002
III. DISCUSSION ITEM
A. Bus Shelters
IV. CERTIFICATES OF APPROPRIATENESS
A. Mariposa, 48 SE 1st Avenue, Old School Square Historic District, Charles Rhein,
Authorized Agent.
Consider a Certificate of Appropriateness associated with a Class IV Site Plan,
Landscape Plan, and Design Elements for the conversion of an Adult Living Facility
to an Office.
V. REPORTS AND COMMENTS
A. Public Comments
B. Reports from Historic District Representatives
C. Board Members
D. Staff
VI. ADJOURN
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Wendy Shay, Historic Preservation Planner
POSTED ON: December 13, 2002
ITEM BEFORE THE BOARD
The action before the Board is approval of a COA-2002-111, which incorporates the following
aspects of the development proposal for Mariposa, pursuant to LDR Section 2.4.5(F):
❑ Class IV Site Plan Modification;
❑ Landscape Plan;
Cl Architectural Elevations; and,
The subject property is located at the northwest corner of SE 1st Street and SE 1st Avenue
(48 SE 1st Avenue).
BACKGROUND
The subject property consists of the south 75' of Lots 16, 17 and 18, Block 69 of the
Subdivision of Block 69. The 0.26 acre property contains an existing two-story non-
contributing 4,107 square foot building built in 1955. The property is located in the Old
School Square Historic Arts District (OSSHAD) zoning district.
At its meeting of July 10, 1984, the City Commission approved a conditional use application
for an Adult Living Facility for Mariposa subject to conditions including that a lease
agreement and stabilized sod parking spaces be provided off-site on the adjacent property to
the north. An off-site parking agreement was executed to allow nine sod parking spaces on
the adjacent property.
A site plan application has been submitted to convert the subject property from an Adult
Living Facility to a mixed-use office and residential development and is now before the Board
for action.
PROJECT DESCRIPTION
The proposal incorporates the following:
• Reconfiguration of the existing floor area (3,795 square feet total) to provide 1,924 square
feet of office area in the east portion of the building and a two-story 1,871 square foot
two-story residential unit (five bedrooms) in the west side of the building;
• Conversion of the bedroom at the southwest corner of the structure to a garage for the
residential unit;
• Reconfiguration of the parking area on the east side of the building to provide four parking
spaces; and,
• Installation of associated landscaping and "paverlock" sidewalk and patio.
The site plan application includes waiver requests to the following sections of the City's Land
Development Regulations:
1. LDR Section 4.4.24(G)(3), which requires that parking be located in the side or rear
yard or adjacent to an alley and that parking not be located between any street and
the closest building or structure.
HPB Staff Report
Class IV Site Plan Modification, Landscape Plan and Building Elevations and COA 2002-111 for Mariposa
Page 2
2. LDR Section 4.6.14(A)(2) to reduce the site visibility triangle from 40' to 10' at the
intersection of SE 1st Street and SE 1st Avenue.
SITE PLAN 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 proposal involves an existing structure with no additions that would affect setbacks or lot
coverage. The following table indicates that the proposal complies with the applicable
requirement of LDR Section 4.3.4(K) as it pertains to the OSSHAD zone district:
Standard_, Provided
Open Space 25% 48%
LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD) Regulations:
Accessory Uses:
Pursuant to LDR Section 4.4.24(C)(2), on a parcel that has as its principal use a non-
residential use, there may be one single family residence, either within a separate structure
or within a structure housing a non-residential use, provided that one of the situations exists:
(a) The residence is occupied by the owner, proprietor, or employee of a business
enterprise conducted on the property; or,
(b) The business is owned, or operated, by the owner of the parcel; or,
(c) The residence is occupied by the owner of the parcel.
The owners of the property have indicated that they will occupy the office portion of the
structure for their business. Therefore, the property will comply with the second option of the
accessory use requirements. It is noted that pursuant to LDR Section 4.4.24(D)(1) and (2),
the existence of more than one residential unit on a parcel upon which there is a mixed-use
(residential and non-residential usage) and residential use which occurs other than as
provided in LDR Section 4.4.24(C)(2) requires conditional use approval. A condition of
approval is attached that the development must comply with LDR Section 4.4.24(C)(2)
regarding the accessory use/residential component of the property, unless conditional use
approval is obtained.
HPB Staff Report
Class IV Site Plan Modification, Landscape Plan and Building Elevations and COA 2002-111 for Mariposa
Page 3
Front and Side Yard Parking:
Pursuant to LDR 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 off-premises by a hedge or decorative
fencing.
There are two existing and two proposed parking spaces on the east side of the building
adjacent to SE 1st Avenue and back-out parking spaces on the south side of the building
adjacent to SE 1st Street. The applicant has submitted a waiver request to allow parking
along the south and east sides of the property.
Waiver Analysis:
Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall
make a finding 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; or,
(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.
These existing spaces were previously approved and therefore nonconforming since they
would no longer be allowed. The addition of two spaces on the east side of the property is
appropriate. The back-out parking for the single residence is also appropriate. The parking
required for the residence is accommodated within the garage and the adjacent driveway.
However, the existing asphalt drive adjacent to the covered patio is not necessary for the
residence and is not permitted for the non-residential use as vehicles should enter and exit
the site in a forward manner. Furthermore, the driveway in front of the covered patio/carport
does not meet the minimum dimensional (9' by 18') requirement for a parking space. The
removal of this space would eliminate one of the nonconforming back-out parking spaces
along SE 1st Street and improve the vehicular safety along this collector road. Thus, a waiver
to allow parking in the front and side yards is appropriate provided the driveway adjacent to
the covered patio is eliminated and converted to landscape area, which is attached as a
condition of approval. Because the parking is existing and the aesthetic issue of allowing
parking in these areas will not be exacerbated by the proposed conversion, the proposed
waiver can be supportable. The waiver will not affect the delivery of public services, and will
not create an unsafe situation with respect to public safety. Similar circumstances on other
properties would lead to the same conclusion. Consequently, a positive finding with respect
to LDR Section 2.4.7(B)(5), Waiver Findings can be made.
HPB Staff Report
Class IV Site Plan Modification, Landscape Plan and Building Elevations and COA 2002-111 for Mariposa
Page 4
Parking:
Pursuant to LDR Section 4.4.24(G)(4)(a), all non-residential uses with the exception of
restaurants, shall provide one parking space per 300 square feet of total new or existing floor
area being converted to non-residential use. This requirement may be reduced to one
parking space per 400 square feet of total floor area, or by at least one space, where there is
a mix of residential and non-residential use in the same structure. Based on this, the non-
residential portion of the use (1,924 square feet) must provide 4.81 parking spaces.
Pursuant to LDR Section 4.6.9(C)(2)(c), the residential unit must provide 2.5 parking spaces
for a total of eight required parking spaces for the mixed-use development. It is noted that
the parking calculation is based on one residential unit, which is allowed as an accessory use
to the principal use as previously discussed in this report. Any modifications to include
additional unit(s) would increase in the number of required parking spaces and would require
conditional use and site plan modification approval.
LDR Section 4.4.24(G)(5) states that within the OSSHAD (Old School Square Historic Arts
District) when 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 a
space to utilize City parking [REF: Section 4.6.9(E)(3)(b)(3) — Area 3: Parcels located within
the OSSHAD zoning district]. The one deficient parking space will require the in-lieu
payment of $6,000. In addition to the above, LDR Section 4.6.9(E)(3)(e) states that where
adequate right-of-way exists adjacent to a proposed project for which an in-lieu parking fee
has been approved, the applicant must construct additional on-street parking, not to exceed
the total amount of spaces subject to in-lieu fees unless authorized by the City Commission.
The total in-lieu fee due shall be reduced by an amount equal to the actual construction
costs, but in no event to exceed total in-lieu fees, for these on-street spaces including street
lighting. Additional credit, not to exceed 10% of the total fee, may be taken for the actual
construction costs of approved streetscape beautification elements in the public right-of-way.
Beautification improvements may include, but are not limited to, paverbrick walkways, street
furniture and landscaping. Neither credit for construction for construction of on-street
spaces, nor credit for construction of beautification elements shall be reimbursed until such
construction has been fully completed.
The Parking Management Advisory Board will review the in-lieu parking fee request one
parking space ($6,000) at its meeting on December 17, 2002. Their recommendation will be
forwarded to the HPB and City Commission.
With the conversion of the property to a mixed-use development, adequate parking can be
provided on the site. Based upon the above, the proposed conversion complies with the
parking requirements as seven parking spaces are provided (four off-street spaces, one
garage and two back-out spaces) and one in-lieu space.
Off-Site Parking Agreement:
As noted in the background section, an off-site parking agreement was executed to allow the
establishment and utilization of 9 stabilized sod parking spaces on the adjacent property to
the north. Since the required parking can be accommodated on the property with an in-lieu
HPB Staff Report
Class IV Site Plan Modification, Landscape Plan and Building Elevations and COA 2002-111 for Mariposa
Page 5
payment for one space, the off site parking agreement should be dissolved and is attached
as a condition of approval.
Special District Regulations:
Pursuant to LDR Section 4.4.24(H)(1), residential uses within a structure containing
permitted non-residential use(s) shall not use more than 50% of the gross floor area of the
structure within which they are located. The proposed conversion complies with this
requirement as the residential floor area (1,871 square feet) is 49.3% of the gross floor area
of the building (3,795 square feet).
LDR Chapter 4.6 Supplementary District Regulations:
Site Lighting:
Pursuant to LDR Section 4.6.8(B)(3)(c), the maximum illumination for local merchant or
neighborhood shopping centers is 2.5 foot candles. Given the location of the property with
respect to the adjacent residential properties, this requirement should be the standard
utilized for illumination. The proposed photometric plan indicates that a maximum of 5.1 foot
candles will be provided. This illumination will be provided via two pole mounted light
fixtures. Furthermore, the maximum height of the light poles and fixtures cannot exceed 25'.
The photometric plan does not provide an elevation detail of the light poles in order to
determine compliance with this requirement. Given the mixed-use nature of the development
decorative light fixtures and poles should be provided to compliment the residential character
and use of the property. Therefore, a condition of approval is attached that the photometric
be revised to conform to the illumination standards, provide an elevation of the light poles
and fixtures with a maximum height of 25' and that they be residential in character.
Maneuvering Area:
Pursuant to LDR Section 4.6.9(D)(4)(c), dead-end parking bays are discouraged, but when
site conditions dictate that there be dead-end parking bays, they shall be designed so that
there is a 24' wide by a 6' deep maneuvering area at the end of the bay. This maneuvering
area shall not encroach upon required landscape areas. This required maneuvering area is
required for the existing parking tier along the east side of the property. The existing planter
encroaches into this required maneuvering area for the handicap parking space. The
maneuvering area can be provided by eliminating the planter or the perimeter landscape
area reduced (five-foot minimum) and the parking spaces on the north side of the parking tier
shifted to the east and is attached as a condition of approval
Other Items:
Dumpsters and Recycling:
Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers, and similar service
areas must be enclosed on three sides and vision obscuring gates on the fourth side, unless
such areas are not visible from any adjacent public right-of-way. The applicant proposes to
install a six-foot high wood fence along the north side of the property and north of the office
HPB Staff Report
Class IV Site Plan Modification, Landscape Plan and Building Elevations and COA 2002-111 for Mariposa
Page 6
to create an enclosure for trash and recycling bins that will screen visibility from SE 1st
Avenue and from the adjacent property to the north. The trash and recycling facility for the
residence is proposed in the garage. These bins will encroach into the required nine-foot
wide by 18'-deep parking space. An enclosure should be created on the west side of the
building, north of the staircase with a six-foot high enclosure to screen it from the property to
the west and is attached as a condition of approval.
Signage:
Typically the review of signage for code compliance is conducted as part of the sign permit
application. However, the applicant has submitted sufficient information for a free standing
sign at the intersection of SE 1st Avenue and SE 1st Street to include an analysis of the sign
as part of the site plan modification review.
Pursuant to LDR Section 4.6.7(G)(3)(a), the setback for a free standing sign shall be ten feet
from the ultimate right-of-way line unless there is a special setback or special landscape area
designated for the street pursuant to Section 4.3.4(H)(6). The setback is measured from the
closest portion of the sign to the right-of-way. The proposed monument free standing sign is
located five feet from SE 1st Avenue and SE 1st Street. The proposed sign is five feet high
and five feet wide and contains 12.5 square feet of sign area. Pursuant to LDR Section
4.6.7(G)(3)(d), when considered as a part of a sit plan approval, or modification to a site plan,
a sign may be located totally within the ten foot setback provided that the sign not exceed
seven feet in height and the sign are is less than 20 square feet. Based on the above, the
proposed sign location and size are allowed as requested. However, pursuant to Section
4.6.7(G)(3)(e), whenever consideration is given to locating a sign within a special setback or
the standard ten foot setback area, the granting body must determine that the location of the
sign does not present a hazard_to pedestrians or to vehicular traffic circulation.
Pursuant to LDR Section 4.6.14(A)(2), visibility triangles are established at the intersection of
two public rights-of-way being 40' in length along the right-of-way lines and the third side
being a line that connects both ends., Within this area all landscaping shall provide
unobstructed cross-visibility at a level between three feet and six feet. While this standard is
applied to landscaping it is a guideline that can be used for determining safe sight lines for
signage. The applicant has submitted a waiver request to allow the freestanding sign within
the required visibility triangle.
Waiver Analysis:
(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; or,
(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.
HPB Staff Report
Class IV Site Plan Modification, Landscape Plan and Building Elevations and COA 2002-111 for Mariposa
Page 7
The proposed sight visibility triangle at the intersection of SE 1st Avenue and SE 1st Street is
approximately 10' given the location of the sign. The Engineering Division has reviewed the
location of the monument sign and has found it acceptable in that a pedestrian or vehicular
safety concern should not be created with the sign location. However, there may be some
concern with sight visibility due to the installation of required parallel parking on SE 1st Street,
which contains two eastbound lanes (one-way) and the proximity of the travel lanes to the
sign location. If the Board feels that there is a safety concern, it is recommended that the
sign either be moved to the west along SE 1st Street out of the 40' visibility triangle or the
sign reduced to a maximum height of the three feet. Prior to the Board meeting a formal
recommendation by the City Engineer will be obtained. The waiver will not affect the delivery
of public services, and will not create an unsafe situation with respect to public safety.
Similar circumstances on other properties would lead to the same conclusion. Consequently,
a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made
subject to written confirmation by the City Engineer.
Technical Items: While the revised site plan has accommodated most of the staff
concerns the following items remain outstanding, and will need be addressed prior to
issuance of a building permit.
1. That a note is provided on the site plan that indicates that all utility facilities that serve the
property will be placed underground.
2. That a recorded unity-of-title is provided prior to an issuance of building permit.
3. That the office bathroom is handicap accessible in accordance with direction by the Chief
Building Official.
4. That the fire rated wall is extended to fully separate the residential use from the office use
in accordance with direction by the Chief Building Official.
LANDSCAPE ANALYSIS
A landscape plan been submitted and evaluated by the City Horticulturalist. The landscape
plans provides perimeter landscaping consisting of Pidgeon Plum trees, Silver Buttonwood
trees, Gumbo Limbo trees, and Adonidia palms with Blue Plumbago, Juniper, Green
Cocoplum, and annuals underplantings and hedging in addition to building foundation and
interior landscape areas. The City Horticulturalist found that the proposed landscape plan
complies with the City's Land Development Regulations (Section 4.6.16).
DESIGN ELEMENTS
Building:
Pursuant to LDR Section 4.5.1 (E)(4), (E)(7), and (E)(8)(c), (E)(8)(d), (E)(8)(f), and (E)(8)(g),
"Development Standards" provides guidelines in evaluating alterations or additions of exterior
architectural features. The guidelines are as follows:
HPB Staff Report
Class IV Site Plan Modification, Landscape Plan and Building Elevations and COA 2002-111 for Mariposa
Page 8
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 construction of new buildings or structures, or the relocation, alteration, reconstruction,
or major repair or maintenance of a non-contributing building or structure within a designated
historic district shall meet the same compatibility standards as any material change in the
exterior appearance of an existing non-contributing building. Any material change in the
exterior appearance if any existing non-contributing building, structure, or appurtenance in a
designated historic district shall be generally compatible with the form, proportion, mass,
configuration, building material, texture, color, and location of historic buildings, structures, or
sites adjoining or reasonably approximate to the non-contributing building, structure, or site.
All improvements to buildings, structures, and appurtenances within a designated historic
district shall be visually compatible including but not limited to: consistency in relation to
materials, texture, and color, proportion of openings, rhythm of solids to voids, and rhythm of
entrance and/or porch projections.
Constructed in 1955, the masonry vernacular building is considered non-contributing based
on age. The existing building lacks character and has minimal defining qualities. The only
proposed exterior improvement is to accommodate the staircase for the residence, which will
be compatible with the structure. The existing color of the building is a bold yellow and
purple and was painted without obtaining Board approval. The Community Redevelopment
Agency (CRA) and City staff has suggested several improvements that would upgrade the
appearance of the building:
(1) That door and window trims as well as, shutters and decorative treatments should be
provided for the office portion of the building on the south and east elevations, which
face the public rights-of-way.
(2) That the jalousie doors and windows be replaced with multi-panel doors and windows.
(3) The metal awning and support columns on the east elevation should be replaced with
a decorative roof structure and columns.
(4) That the building should be repainted in a color scheme that is consistent with the
Historical Preservation Board's suggested colors.
The applicant has stated that the jalousie door on the east side of the building will be
replaced with a six-panel door and the jalousie windows will be replaced with multi-pane
single hung windows. Additional architectural treatment such as shutters and window trims
should also be provided. Consideration should be given to replacing the metal awning. It is
also recommended that the Board consider the existing color scheme of the building and
require that the building be repainted in a color scheme that is consistent with the Board's
suggested colors and is attached as a condition of approval.
Signage:
Pursuant LDR Section 4.6.7(H)(2), the aesthetic quality of a building, or indeed of an entire
neighborhood, is materially affected by achieving visual harmony of the sign on or about a
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structure as it relates to the architecture or the building or the adjacent surroundings. In
addition to the mechanical limitations on signs imposed in subsections (G) and (I), the
following aesthetic considerations must be met.
1. Scale: The scale of the sign must be consistent with the scale of the building on
which it is to be placed or painted and the neighborhood in which it is located.
Scale shall also be considered in terms of subsection (G) with respect to height
and area.
2. Garishness: The overall effect of the configuration or color of a sign shall not be
garish. "Garish" signs are those that are too bright or gaudy, showy, glaring,
and/or cheaply brilliant or involving excessive ornamentation.
3. Conflict: The colors of a sign shall not conflict with other signs already on the
building or in the immediate vicinity.
The proposed monument sign is five feet high by five feet wide. The sign will have a light
stucco finish and will be painted Pastel Peach, which appears to match the trim of the
principal structure. The sign will have horizontal bands at the top and middle. The letters
and address numbers will be internally illuminated and will be violet. The proposed sign is
rather plain with little aesthetic appeal and no relation to the residential architecture of the
principal building. Previously, the Board directed that signage for converted residential
buildings be reduced in massing in relation to the extant building and that architectural design
elements be incorporated to obtain consistency with the scale and character of the site.
Ground lighting could be used to illuminate the sign. The proposed internally illuminated
monument sign is too commercial in character and is not in the same scale as the historic
neighborhood. A condition of approval is attached that the proposed sign be reduced by
50% in height and width and that a non-internally lit sign be provided utilizing a wood
simulated polyurethane material.
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 following areas:
Section 3.1.1 (A) - Future Land Use Map:
The subject property has a Future Land Use Map (FLUM) designation of OMU (Other Mixed
Use) and is zoned OSSHAD (Old School Square Historic Arts District). The OSSHAD zone
district is consistent with .the OMU Future Land Use Map designation. Pursuant to LDR
Section 4.4.24(B)(2), business, professional, and government offices are permitted uses in
the OSSHAD zone district. As noted previously, per LDR Section 4.4.24(C)(2), one single
family residence either within a separate structure or within a structure housing a non-
residential use is allowed as an accessory use. This accessory is contingent on the
residence being occupied by the owner, proprietor, or employee of the business; the
business being owned or operated by the owner of the parcel of land; or, the residence is
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occupied by the owner of the parcel of land. If these scenarios are not adhered to, then a
conditional use application must be submitted. It is noted that the proposed residence
cannot be converted to more than one residential unit. If in the future more than the one
residence is proposed a conditional use application must be submitted. Based upon the
above, it is appropriate to make a positive finding with respect to consistency with the Future
Land Use Map designation.
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, when all outstanding items attached as conditions of approval are
addressed.
Section 2.4.5 (F)(5) - Compatibility (Site Plan Findings): The approving body must
make a finding that development of the property pursuant to the site plan will be
compatible and harmonious with 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 the north, south, east and west by single family
residences. The properties to the west, south and east have received approval for
conversion to commercial use. The proposed development plan is compatible with these
uses and will not cause a depreciation of property values. The proposed development will
not interfere with or hinder the use of nearby properties. The proposal is consistent with the
purpose and intent of the OSSHAD zoning district and allows for adaptive re-use of the
structure.
Comprehensive Plan Policies:
A review of the objectives and policies of the adopted Comprehensive Plan was conducted
and the following applicable objectives and policies have been identified.
Housing Element Policy A-12.3: In evaluating proposals for new development or
redevelopment, 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
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a proposed development will result in a degradation of any neighborhood, the project
shall be modified accordingly or denied.
The conversion of the property to mixed-use (office/residential) will have an insignificant
impact on the surrounding neighborhood. When the OSSHAD zoning district was created it
was recognized that there would be a mix of commercial and residential uses. The proposed
office use will have a relatively low impact given the traffic volumes associated with these
types of uses and as the property is located adjacent to a City collector road (SE 1st Street).
REVIEW BY OTHERS
The property is not located in an area that requires review by the Downtown Development
Authority.
Community Redevelopment Agency
At its meeting of February 14, 2002, the CRA reviewed and recommended approval of the
request.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
> President's Council
➢ Chamber of Commerce
> PROD
Letters of support and objection, if any, will be presented at the Historic Preservation Board
meeting.
ASSESSMENT AND CONCLUSION
The proposed site plan modification for the Mariposa mixed use project consists of the
conversion of existing Adult Living Facility to a 1,924 square foot office and a two-story 1,871
residential unit with five bedrooms. The applicant has requested an in-lieu parking for one
parking space ($6,000), which also involves providing on-street spaces on SE 1st Street.
There is an existing off-site parking agreement with the property to the north that was part of
the conditional use approval for the adult living facility to provide additional parking for this
property. This agreement should be dissolved as part of this approval. The Board may want
to consider requiring additional improvements to the building including that it be painted in a
color scheme that is consistent with the approved color of the Historic Preservation Board.
Consistency with Chapter 3 and 2.4.5(F)(5) of the Land Development Regulations will be
achieved provided the conditions of approval are addressed.
ALTERNATIVE ACTIONS
A. Continue with direction.
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B. Approve the COA and associated waivers, Class IV site plan modification, landscape plan
and design elements for Mariposa based on positive findings with respect Chapter 3
(Performance Standards), Section 2.4.5(F)(5) (Finding of Compatibility), Section 4.5.1
and Section 2.4.7(B)(5)(Waiver Findings) of the Land Development Regulations and the
policies of the Comprehensive Plan subject to conditions.
C. Deny the COA and associated waivers, Class IV site plan modification, landscape plan,
and design elements for Mariposa based on a failure to make positive findings with
respect to the Land Development Regulations.
STAFF RECOMMENDATION
By Separate Motions:
Waivers:
1. Approve the waiver from LDR Section 4.4.24(G)(3), to allow parking on the south and
east sides of the building, based on positive findings with LDR Section 2.4.7(B)(5).
2. Approve the waiver from LDR Section 4.6.14(A)(2) to reduce the site visibility triangle
from 40' to 10' at the intersection of SE 1s Street and SE 1st Avenue, based on
positive findings with LDR Section 2.4.7(B)(5), subject to written confirmation from the
City Engineer.
Site Plan:
Approve the COA and associated Class IV site plan modification for Mariposa based on
positive findings with respect to Chapter 3 (Performance Standards), and Section 2.4.5(F)(5)
(Finding of Compatibility) of the Land Development Regulations and policies of the
Comprehensive Plan subject to the following conditions:
1. Address all Site Plan and Engineering Technical Items and submit three (3) copies of the
revised plans.
2. That the use of the property comply with LDR Section 4.4.24(C)(2) regarding the
accessory use of the property or a conditional use application be submitted.
3. That the off-site parking agreement be dissolved.
4. That the asphalt driveway to the canopy on the south side of the property be removed
and converted to landscape area.
5. That the photometric plan is revised to conform to the illumination standards, provide an
elevation detail of the light poles and fixtures with a maximum height of 25' and that they
be residential/decorative in character.
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6. That the planter at the west end of the parking tier is eliminated or the perimeter
landscape area reduced (five-foot minimum) and the parking spaces on the north side of
the parking tier shifted to the east in order to provide the required maneuvering area.
7. That an enclosure be created on the west side of the building, north of the staircase with
a six-foot high vision obscuring enclosure for refuse containers to screen it from the
property to the west.
8. That a $6,000 in-lieu parking fee be remitted prior to issuance of a building permit and
that parallel parking is installed along SE 1st Street per LDR Section 4.6.9(E)(3)(e).
Landscape Plan:
Approve the COA and associated landscape plan for Mariposa based on positive findings
with respect to Section 4.6.16 of the Land Development Regulations.
Elevations:
Approve the COA and associated elevations for Mariposa based on positive findings with
respect to LDR Sections 4.5.1 and 4.6.18, subject to the following condition:
1. That additional architectural treatment such as shutters and window trims be provided ;
2. That the building be painted with a color scheme in accordance with direction by the
Historic Preservation Board.
3. That the proposed sign be reduced by 50% in height and width and that a non-internally
light sign be provided utilizing a wood simulated polyurethane material.
Attachments:
• Appendix A
• Appendix B
• Site Plan, Landscape Plan, and Building Elevations
Report prepared by: Scott D. Pape, Senior Planner
APPENDIX A
CONCURRENCY FINDINGS
Pursuant to 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: With respect to water and sewer service, the following is noted:
O Water service is provided to the site via a lateral connection to an existing 4" water main located
along SE 1st Avenue.
O Sewer service is provided to the site via lateral connection to an existing 8" sewer main within the
alley adjacent to the property to the north.
O Adequate fire suppression is provided to the site via a fire hydrant located at the northeast corner
of SE 1st Avenue and SE 1st Street.
The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the
adopted LOS at the City's build-out population based on the current FLUM. The conversion of the
property to a mixed-use facility will have an insignificant impact on all public services and was
anticipated for this property and was factored into the plan. Thus, a positive finding with respect to this
level of service standard can be made.
Streets and Traffic: The applicant provided the traffic information for the subject property and the
following is noted:
The subject property is located in the City's TCEA (Traffic Concurrency Exception Area), which
encompasses the CBD, CBD-RC, and OSSHAD, as well as the West Atlantic Avenue 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 traffic statement indicates the project will generate a net
increase of 12 average daily trips based on the difference between the traffic generation of the adult
living facility and the proposed mixed use development. This trip generation will have an insignificant
impact on the surrounding road network.
Parks and Recreation Facilities: The proposed residential unit will not have a significant impact with
respect to level of service standards for parks and recreation facilities. Pursuant to LDR Section 5.3.2,
a park impact fee of$500.00 per dwelling unit will be collected prior to issuance of a building permit.
Solid Waste: The conversion of the adult living facility to the mixed-use development will result in a net
decrease of 4.02 tons per year.
Drainage: Drainage will be accommodated on site via sheet flow to a dry retention area along the south
side of the property. There should be no impact on drainage as it relates to this level of service
standard
School Concurrency: The development application was received prior implementation of the Palm
Beach County School Concurrency requirements. Therefore, a finding of concurrency is not required.
However, the addition of the single residential will have an insignificant impact on the public schools.
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 (Subject to revision of the photometric plan)
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
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.
Appendix B
Standards for Site Plan Actions
Page 2
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 (Subject to the provision of the required
maneuvering area)
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