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HPB 02-16-1994 DELRAY BEACH a AM-knericaMti AGENDA 1993 HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: February 16, 1994 Type of Meeting: Regular Meeting Location: 1st 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 . APPROVAL OF MINUTES: February 2, 1994 III . PUBLIC HEARING ITEMS: None IV. CERTIFICATES OF APPROPRIATENESS A. COA 8-220 117 N.E. 7th Street, Del-Ida Park Historic District. Sherry Howard and Richard Blake, Owners. Renovations to a contributing single family residence. V. DISCUSSION ITEM: Workshop for COA 8-215. Sloan Hammock, 106-114 S.E. 7th Avenue, Marina Historic District. VI . REPORTS AND COMMENTS A. Reports from Historic District Representatives B. Board Members C. Staff VII . ADJOURN POSTED ON: February 10, 1994 Pat Cayce, Hi r'ic Preservation Planner MINUTES OF THE HISTORIC PRESERVATION BOARD PUBLIC HEARING WEDNESDAY, FEBRUARY 16, 1994 LOCATION: FIRST FLOOR CONFERENCE ROOM 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 I . ROLL CALL: The Vice-Chairman called the meeting to order at 6 : 00 P.M. Board Members: Christine Bull Present Daniel Carter (Chairman) Absent Sandy Jamison (2nd Vice-Chairman) Present Buck Miller (Vice-Chairman) Present Margie Miller Present John Vaughan Present Charlie Williams Present Staff Members Present: Jeff Costello, Planning & Zoning Department Pat Cayce, Planning & Zoning Department Diana Mund, Planning & Zoning Department II . APPROVAL OF MINUTES: February 2, 1994 Meeting Margie Miller moved for approval of the minutes for the February 2, 1994 meeting, seconded by Sandy Jamison. The vote was as follows : Christine Bull - Yes; Sandy Jamison - Yes; Buck Miller - Yes; Margie Miller - Yes; John Vaughan - Yes; Charlie Williams - Yes . Said motion passed 6-0 . III . PUBLIC HEARING ITEMS: None. IV. CERTIFICATES OF APPROPRIATENESS: A. COA 8-220 : 117 N.E. 7th Street; Del-Ida Park Historic District; Sherry Howard and Richard Blake, Owners . The action requested of the Board is that of granting approval for COA 8-220 to allow the renovation of a single family contributing residence. The Board approved COA 8-220 as presented based upon positive findings to Section 4 .5. 1(E) (7 ) as follows : * South Facade: The applicant will restore the porch to its original screened enclosure by removing the metal jalousies and siding. The front screen door will be relocated approximately 4 ' to the west. A half round stoop will replace the existing entrance steps. The double metal window to the west of the porch is to be replaced with a smaller double hung wood window. * West Facade The side entrance on the west elevation is to be removed. Wood double hung windows will replace the existing windows and the door. * The house will remain the same paint color as existing. Sandy Jamison moved for approval of COA 8-220, seconded by Margie Miller. The vote was as follows : Christine Bull - Yes; Sandy Jamison - Yes; Buck Miller - Yes; Margie Miller - Yes; John Vaughan - Yes; Charlie Williams - Yes . Said motion passed 6-0 . As Daniel Sloan, Agent for Sloan Hammock was not yet present the Board went directly to Item VI . REPORTS AND COMMENTS. VI . REPORTS AND COMMENTS: A. Reports from Historic District Representatives None. B. Board Members Margie Miller reported that she had video taped part of the moving of the historic houses from West Palm Beach to Delray. Her tape is available for viewing or copying. C. Staff Pat Cayce stated that a memo had been received from Joe Dragon, Assistant Director of Parks & Recreation, regarding the Board' s comments and recommendation from its February 2, 1994 meeting with respect to the waste-pump at the City Marina dock. Mrs. Cayce stated that Jeff Costello would explain the matter and answer the Board' s questions. - 2 - 2/16/94 As the memo was not received in time to be included in the Board packets, Mr. Costello passed out copies and asked that the Board take time to read it before continuing with the discussion. Mr. Costello suggested that if the memo adequately addressed the Board' s concerns as expressed at the last meeting, then the matter of screening the waste-pump device should be the focus of the discussion. It was a consensus of the Board that an appropriate wood fence or cbs wall should be installed to screen the waste-pump. Buck Miller stated that vehicles parking in front of the fence or wall might damage either one and it was suggested that the parking space in front of the pump be reserved for bicycles or motorcycles. If a fence is used the HPB recommends that landscaping be installed in front it. If a wall is used decorative tile or a painting of the Marina' s anchor symbol would be an attractive addition. Additionally, the Board recommended that the parking area at the north end of the Marina be striped and supplied with wheel stops . As Daniel Sloan, Agent for Sloan Hammock was now present the Board returned to Item V. DISCUSSION AND ACTIONS ITEMS, A. V. DISCUSSION AND ACTION ITEMS: A. Workshop for COA 8-215: Sloan Hammock; 106-114 S.E. 7th Avenue; Marina Historic District; Daniel Sloan, Agent. A workshop was held on this item. After the Workshop the Board returned to Item VI . REPORTS AND COMMENTS, C. VI . REPORTS AND COMMENTS: C. Staff Pat Cayce described the fence and gate for St.Paul ' s Church Columbarium which was compatible with the Design Guidelines and previously approved by staff. Mrs . Cayce attended the City Commission meeting of February 15, 1994 and briefed the Board on the City Attorney' s determination regarding the quasi judicial nature of the HPB meetings. Additional information from the City Attorney was distributed to the Board. - 3 - 2/16/94 The Board was informed by Pat Cayce that a preliminary building count survey had been conducted with John Johnson for an area encompassing Osceola Park and an expanded area southeast of E. Atlantic Avenue. The survey is available to anyone interested. Pat Cayce reminded the Board that it had been invited by Carolyn Patton to attend a neighborhood meeting to discuss the formation of an historic district along South Ocean Boulevard and stated that NOTICE of the meeting had been posted. VII . ADJOURNMENT: Christine Bull moved for adjournment at 8 : 10 P.M. , seconded by Sandy Jamison. The vote was as follows : Christine Bull - Yes; Sandy Jamison - Yes; Buck Miller - Yes; Margie Miller - Yes; Charlie Williams - Yes . Said motion passed 5-0 . The next meeting is scheduled for March 2 , 1994 . The undersigned is the Secretary of the Historic Preservation Board and the information provided herein is the Minutes of the meeting of said body for February 16 , 1994 , which were formally adopted and approved by the Board on March 16 , 1994 . Diana Mund 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 . - 4 - 2/16/94 STAFF REPORT HISTORIC PRESERVATION BOARD MEETING FEBRUARY 16, 1994 AGENDA ITEM IV COA 8-220 117 N.E. 7TH STREET DEL-IDA PARK HISTORIC DISTRICT SHERRY HOWARD AND RICHARD BLAKE, OWNERS RENOVATION OF A SINGLE FAMILY CONTRIBUTING RESIDENCE ITEM BEFORE THE BOARD The action requested of the Board is that of granting approval for COA 8-220 to allow the renovation of a single family contributing residence. BACKGROUND This property is located at the northwest corner of N.E. 7th Street and N.E. 2nd Avenue. Built in 1939, it is of frame construction in the vernacular style. The porch was enclosed and the west entrance was added sometime in the 1950 's. DESIGN ELEMENTS South facade The applicant is proposing to restore the porch to its original screened enclosure by removing the metal jalousies and siding. The front screen door will be relocated approximately 4 ' to the west. A half round stoop will replace the existing entrance steps. The double metal window to the west of the porch is to be replaced with a smaller double hung wood window. West facade The side entrance on the west elevation is to be removed. The wood double hung windows will replace the existing windows and the door. The house is to be painted mint green with white trim. COMMENTS AND ANALYSIS This is an appropriate renovation for the building. The removal of the jalousies and the west entrance will restore the house to its original appearance. I recently spoke to the owner and he is now indicating that if he can afford it he would prefer to enclose the porch with glass Staff Report COA 8-220 Page 2 windows in wood frames. I am unclear as to whether these would be French doors or full length windows. I have asked the applicant to bring sketches or photos of what he has in mind. The Board could approve the screen enclosure at this meeting and request the applicant to return at a later date when he plans to install the windows. Another alternative would be to approve the COA with the exception of the porch treatment, so that the balance of the construction can commence. Paint chips for the main color will be available at the meeting. ALTERNATIVE ACTION 1. Approve COA 8-220 with the porch treatment as presented based on positive findings to Section 4 .5. 1(E) (7) . 2 . Approve COA 8-220 based on positive findings to Section 4 .5. 1(E) (7) with the exception of the porch treatment and request the applicant to return at a later date to finalize the type and style of the porch windows. 3. Deny COA 8-220 based on failing to make positive findings to Section 4 .5. 1(E) (7) RECOMMENDED ACTION After discussion with the applicant the Board should make the appropriate choice of approval. 1 . Approve COA 8-220 with the porch treatment as presented based on positive findings to Section 4.5. 1(E) (7) . 2 . Approve COA 8-220 based on positive findings to Section 4 .5. 1(E) (7) with the exception of the porch treatment and request the applicant to return at a later date to finalize the type and style of the porch windows. r, . . ...„,.. .. ...„.. ....„..-e..,.,„ •:. • • . ,. -- -:.,-!•;,..,,..• . . . .. . .. „..,.....„..,....... • ...___ • . ... • • . • • t. ..._ ‘,...,„_...,. 4 i, . ....,....... ,- -....A44... ...,-e.....nzt. . . '. C4 4,1. .. 111 • . .yj1► r.:-J It Qf '4 7 . fir\_.�,,,\ ems- - . • • I 117 N.E. 7th Street, Delray Beach FLORIDA MASTER SITE FILE )17' Site Inventory Form • • Site No. rt) Site Name Survey Date Address of Site 117 N.E. 7th Street; Delrav Beach • Instruction for locating Location Del-Ida Park 1 12 Subdivision name block no. lot no. County Palm Beach • District name if applicable Owner of Site: Namerhae1 D. LQwiR Address 117 N.E. 7th Street, Delray Beach 33444 Type of Ownership rivate Recording Date 1/28/88 Recorder: Name & Title P.Cayce Address Condition of Site: Integrity. of Site: Original Use Residence Check One Check One or More Q Excellent )Altered - Present Use Residence • /*Good D Unaltered Dates 1939 • Q Fair Q Original Use Cultural/Phase • Q Deteriorated 0 Restored/Date Period Q Moved/r:a to IIR Classification Category Building Date listed on NR Threats to Site:- Check One or More Q coning D Transportation Q Development ' U Deterioration to neighborhood Q Dredge Q Borrowing _ QOther (See Remarks Belo':) Areas of Significance: Architecture Significance: • Architect Unknown • Builder 11nknn, u • Style and/or Period Plan Type IrreguTar. . .originally rectangular Exterior Fabrics) Wood siding Structural Systems) Wood' frame Porches Porch addition roofed and enclosed with metal jalousies Orientation Foundation Concrete Roof Type Gable Secondary Roof Structure(s) Roof Surfacing Composition shingle Window Type Sash wooden Ornament Exterior Chimney Chimney Location No. of Chimneys One No. of Stories One No. of Dormers Outbuildings Surroundings Map Reference (incl. scale & date) Delray Beach, Topographic, 1:24.000 1963,1983 Latitude and Longitude: • 0 • u 0 ' r Site Size (Approx. Acreage of Property) 1 lot • LOCATIPN SKETCH OR MAP N Township Range Section � f CAI a g ¶• 54-roe?4- _ 46 43 16 (-1 UTt•1 Coordinates: • Zone Fasting Northing • 101 • (' 0'0 ) ..N. E "1 't1. SA-i e.Or Photographic Records Number Please attach Photographic Print • - � /� J- 1!— v u u u u u 1' 1.�I (,,� A u u u U u U U u b u �1't 0 • ail , ___a.... a............ ....... Ex15 �i6 E.L.e.,VA.iioNI 3 r- I'-d XV 0 (r.:--j 00 -11 1 1R---- H JJ t 1 I -/" I L 1 _ .. . . "_ _n .444 .440. U lilt , , MAIM , ....izr 1 _ moo .- . 17 Tr 1 MIIIII.-I 1,11111 I' • - - 1 mimilmo `?';�- ; . . 1 . PIZoPose-v E1. EVA-riO I . ( 1-----1 I-I ___.11--1----1----, ____tri fO 1 1 I - • - / 1 _____7_ ___r - -+_- . I - 1 r_1 r_-1 r_-I I J I I I I I I ' I I I I i I 1 i I 4 �_J L_J L_J STAFF REPORT HISTORIC PRESERVATION BOARD MEETING FEBRUARY 26, 1994 AGENDA ITEM V COA 8-215 SLOAN HAMMOCK 106-114 S.E. 7TH AVENUE, MARINA HISTORIC DISTRICT ITEM BEFORE THE BOARD This is a workshop discussion with respect to design elements for Sloan Hammock. No formal action is requested of the Board. BACKGROUND This item came to the Board for variances, waivers, site' plan and COA approval on October 6, 1993. Please read the staff report and findings which are attached for details of the project. The applicant was asked to return for a workshop with the Board before formally presenting the requested redesign of: The scale and massing of the roof of Hammock House. The relocation of the windows on the east facade of Hammock House. The west facade of the proposed garage. The front entrance and an alternative to the fence for the historic house. An alternative to the proposed wood walkways which are used throughout the project. ANALYSIS OF THE DESIGN ELEMENTS SUBMITTED FOR THE WORKSHOP Please see the plans and letter submitted by the applicant and dated February 1, 1994 for explanation. Hammock House The scale and massing of the roof have not been addressed. The windows on the second story of the east facade appear to be enlarged and the window on the first floor has been eliminated. Garage No elevations for the west facade of the garage were submitted. Staff Report Sloan Hammock Workshop Page 2 Historic House Appropriate entrances for the house have been submitted. An appropriate wall design to replace the picket fence has been submitted. Walkways The applicant states that the front walk of the historic house will be constructed of two rows of 18" x 18" simulated keystone pavers with 4" of sod between them. The balance of the project will retain the PT board walkways . i a f7N4 t4v6-s MEMORANDUM TO: DAVID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND BONING FROM: JEFFREY A. COSTELLO PLANNER RE: SLOAN HAMMOCK - HISTORIC PRESERVATION BOARD ACTION OF OCTOBER 6, 1993 DATE: OCTOBER 7, 1993 At its meeting of October 6, 1993, the Historic Preservation Board reviewed the development proposal for Sloan Hammock, a multi-family development, located on the west side of SE 7th Avenue, south of SE 1st Street, and took the following actions: Variances A. Approved a variance request to LDR Section 4.3.4(K) (Development Matrix) (7-0) , to reduce the required side yard setback from 15' to 10' for a proposed 3 car garage. The Board approved the variance based upon positive findings with Section 4.5.1(J) , that a variance is necessary to maintain the historic character demonstrating and that it would not be contrary to the public interest, safety, or welfare. B. Approved a variance request to LDR Section 4.3.4(K) (Development Matrix) (6-1, Buck Miller dissenting) , to reduce the required rear yard setback from 25' to 13'8" for the garage. (Actual garage to be 17' from rear with overhang and columns extending to within 13'8". The Board approved the variance based upon positive findings with Section 4.5. 1(J) , that literal interpretation of the provisions of the existing ordinances would alter the historic character of the historic district or historic site to such an extent that it would not be feasible to preserve the historic character (related to distance between the garage and the historic house--need reduced rear setback to maintain appropriate distance between the structures) . C. Approved a variance request to LDR Section 4.6.2 (Distance Between Residential Buildings) (7-0) , to reduce the distance between two residential buildings within multiple family developments from 24' to 18.5' , in that there is an open first floor area that allows additional air circulation. The Board approved the variance based upon positive findings with Section 4.5.1(J) . To: DJR Re: Sloan Page 2 Waivers D. Approved the waiver request from LDR Section 5.3. 1 (7-0) to reduce the right-of-way width from 60' - 40' . E. Regarding the sidewalk waiver, the Board voted (6-1, Buck Miller dissenting) , to require that the sidewalk be installed along the west side of S.E. 7th Avenue from the north property line to the northernmost parking space. The request to waive the installation of the balance of the sidewalk (to the south property line) was denied, however, the Board agreed to allow payment for the costs of the improvement in lieu of the actual sidewalk construction. Site Plan The Board considered three alternative parking configurations during its review of the site plan. Alternative #1 adds 6 ' of asphalt to the west side of the parking spaces to accommodate all parking on the site and out of the right-of-way. A landscape island is provided in the middle of the spaces. Alternative #2 provides 5 parallel parking spaces on site within the existing asphalt area, and places 5 spaces off of the alley (backing out) . Alternative #3 involves the relocation of 3 of the existing backout spaces to the rear off of the alley, and the addition of 6' of asphalt to the west side of the remaining parking spaces, in order to remove them from the right-of-way. With respect to Alternative #2, the Board felt that because it would require the relocation of 5 spaces to the rear of the site, the buffering between this property and the commercial property to the west would be insufficient. Similarly, the Board felt that although Alternative #3 would relocate fewer (3) spaces to the rear and would remove some parking and asphalt area along 7th Avenue, it would also require an extensive amount of buffering to be removed between the residences and the commercial area to the west. As the backout parking is existing, they felt it was not detrimental to the site to allow it to remain, and therefore supported Alternative #1. F. The Board approved the site plan (COA 8-215) for Sloan Hammock (7-0) subject to the following conditions: 1. That a recorded Unity of Title be submitted to the Planning Department prior to issuance of a building permit submittal. 2. That parking Alternative #1 be approved, and that a revised site plan and landscape plan be submitted showing the new configuration. To: DJK Re: Sloan Page 3 3. That a landscape island be provided between the parking spaces along S.E. 7th Avenue to break up the asphalt. 4. That the proposed fence along the east property line be relocated further to the west in order to provide a landscaped area between the fence and backout parking area. 5. That the Technical Items listed below be addressed with the revised submission: * Provide one handicap parking space and ramp with required signing and striping. * Relocate the scooter and bike parking elsewhere on the site, and provide a landscape island in this area. * Provide the location of the nearest fire hydrant with a dimension to the site. * Provide a typical parking lot striping detail on the plans. G. Approved the landscape plan for Sloan Hammock (7-0) with the condition that the proposed shrubs in the islands adjacent to the backout parking area be a minimum of 6' from the end of the landscape islands. H. Approved COA 8-215 for Sloan Hammock (7-0) with the following conditions: HAMMOCK HOUSE The applicant will return to the HPB with revised plans for: * The center window opening on the east facade * Some method of reducing the scale and massing of the roof. The board's suggestions were to lower the center unit's roof; remove the third story by removing the widow's walk and cupola. * The main paint color has been changed and the applicant will submit samples available in the vinyl siding. GARAGE Applicant will submit front elevation (west) to reflect the 3'4" arcade which was specified in the variance. To: DJK Re: Sloan Page 4 HISTORIC RESIDENCE Applicant will return with revised plans for the front entrance porch; window enclosures for the front porch; front door and front screen door. OTHER ITEMS Applicant will submit plans for an alternative to the picket fence in front of the historic 'house; and for an alternative to the proposed wood walkways which are used throughout the project. FAlyzWakS // / VARIANCE TO SIDE SETBACK. Positive findings to 4 .5. 1(J) (1) Side Setback (a) (b) (d) Felt this was the minimum necessary, not to build the garage, but to maintain the the open space within the development. Board was swayed by the fact that the owner of the property to the north, the most impacted by the setback, gave written approval for the reduction. Rear Setback Positive findings to 4 .5 . 1(J) (1) (a) (b) (c) Positive findings to 4 .5. 1(J) (2) Appropriate adaptive reuse (a) (b) Board recognized that the garage was desirable and could not be built without a variance without having some part of the contributing house demolished. Board felt the arched arcade was an interesting design element and that the 3 ' roof would provide shelter from the rain(???) for a person opening the garage door. Variance was reduced from the requested 10 ' to 13 '4", with the west wall of the garage to be constructed 17 ' from the rear property line. Positive findings to 4 .6 .2 (a) (b) (d) There was some concern about the fact that the second floor wall extends over the porch but after discussion positive . findings were made. Design Elements for COA 8-215 With respect to the design elements HPB COA 8-215 with the following conditions : HAMMOCK HOUSE The applicant will return to the HPB with revised plans for: * The center window opening on the east facade * Some method of reducing the scale and massing of the roof. The board' s suggestions were to lower the center unit's roof; remove the third story by removing the widow's walk and cupola. * The main paint color has been changed and the applicant will submit samples available in the vinyl siding. GARAGE Applicant will submit front elevation (west) to reflect the 3 ' 4" arcade which was specified in the variance. HISTORIC RESIDENCE Applicant will return with revised plans for the front entrance porch; window enclosures for the front porch; front door and front screen door. OTHER ITEMS Applicant will submit plans for an alternative to the picket fence in front of the historic house; and for an alternative to the proposed wood walkways which are used throughout the project. MEMORANDUM TO: Historic Preservation Board THRU: Joe Weldon, Director Parks and Recreation D . FROM: J. Dragon, Assistant Director Parks and Recreation Dept. DATE: February 14, 1994 SUBJECT: Pump Station at Municipal Marina At the Historic Preservation Board meeting of February 2, 1994, 1 was requested to meet with Mr. Jim Reynolds, Chief Design Engineer,to determine; (1)if the cost of tying into the sewer main at the south end of the marina is any greater than tying-in at the north end, and; (2)if the pump could be tied into the lateral serving the marina building at even a lower cost. Please be advised that I met with Mr. Reynolds on Friday,February 11, with the following results: 1. While there is nothing that prohibits us from tying into the lateral serving the marina building,the lateral comes out from the west side of the building so that there could not be a straight-line tie-in to the lateral from the pump no matter what side, north side or south side, of the building the pump was located. There would have to be a 90 turn into the lateral if the pump were located on the north side of the building, and at least a 45°turn from the south side of the building. While a 45 turn is feasible and functional, we have a small sitting and picnic area on the south side of the building and it would be totally undesirable and unacceptable to locate the pump there. 2. Costs for locating the pump on the north side of the building and making a straight run into the sewer main would probably be no greater than the tie-in at the north end of the marina according to Mr. Reynolds. He indicated it would not be practical to tie into the lateral from the north side of the marina building because it requires two 90 turns to get to the sewer main.. 3. The wooden docks at the south end of the marina do not run the entire length of the seawall like the wooden dock at the north end. There are three wooden docks each approximately 21 feet in length at the south end. No matter what size boat docks there 7X� FEB 1994 PLANNiNG & ZON,i• •.3 4 to use the pump, boaters would have to reach-out and pass hoses over the water 3 to 4 feet from the seawall to the boat creating a safety factor. 4. While the Board disagreed that both slips at the south end would have to be eliminated, and dismissed our concern about boats pulling in and out of there while another boat is docked there, I am still quite uncomfortable with the risk the City would be taking under these circumstances. Furthermore,we would not have to relocate any marina residents. The north-end slip is currently vacant while both south-end slips are occupied. 5. Visually, the pump on the north side of the marina building is as visible to residents, passers-by, visitors, etc. as is the pump located at the north end of the marina. The marina building is not a factor in screening the pump. The pump located adjacent to and north of the marina building would have to be screened just as the pump location at the north end would be screened. 6. Mr. Reynolds indicated a new design plan would obviously have to be drawn and that he would then have to contact the contractor to discuss a change order for cost impacts and/or seek new bids. Overall the pump location at the north end of the marina at this time certainly appears as the most practical and least expensive. The visual impact with appropriate screening is the same at either end of the marina. J. Dr on, Assi ant Director Par and Rec lion Department cc: David T. Harden, City Manager Jeff Costello, Planner File 33yy • sr�r„ - T\• � i� a\K • 211,3)9 . ELRAY BED c' ATTORNEY' OF! 1Ct FACSIMILE 1st 07;27SE ' DELRAY BEACH 33334 �ty r Wrtt�r' � FLORIDALOIUDA Lines HA FACSIMILE 407:2�5•s'SS (407) 243-7091 • MEMORANDUM IPSV Date: February 9, 1994 FE6 10 To: City Commission `G &ZpN�NG From: Susan A. Ruby, City Attorney Pk-Pk Subject: Quasi-Judicial Proceedings The purpose of this memorandum and attachments hereto is to provide further information regarding the conduct of quasi- judicial hearings before the City Commission. Attached you will find an article contained in the Local Government Law Section program materials for their meeting which discussed the Snyder and Jennings cases . In addition, we have attached procedures we previously issued for quasi-judicial hearings and previous memos regarding the standard of review for rezonings and conditional uses. The Jennings case prohibits ex parte communications . Ex parte communications are any written or oral communications with Commission members other than those made on the record at the time of the hearing. The following procedure is suggested for handling ex parte communications: (a) All written communication received by Commission members concerning an application or pending case should be immediately turned over to the Planning and Zoning Director and the City Clerk to be included in the record. Once identified as a written communi- cation regarding a pending matter, the written communication should not be read further. (b) For oral communications, as soon as it is determined that the communication relates to a matter which will be heard by the Commission, the conversation regarding that subject must end. The basis of all decisions by the Commission must be based on the evidence presented to the Commission at the hearing on the case which shall include the staff file, testimony of all � LY City Commission . r '-� February ': 9, 1994 h r'- page 2 +_., witnesses and other evidence presented. The conduct of the hearing should be as set forth in the procedures for quasi- judicial hearings. The purpose of the procedures for quasi-judicial hearings is to ensure due process . Time limits may be imposed on the applicant, the public, staff and other witnesses. The proposed rules apply to all site specific, rezonings, conditional use proceedings and at any time the City Commission sits in an appellate capacity. It may be necessary from time to time to revisit our procedures for quasi-judicial hearings as we gain experience with the hearing process in order to provide due process in the most efficient manner. As you may have noted when you read the article, "The Snyder Slide Down the Slippery Slope" , that the Snyder and Jennings decisions raise a lot of questions that are as yet unanswered. We will try to update you from time to time as the law becomes settled in this area. There are currently several bills before the legislature dealing with access to local public officials which may eliminate the presumption of prejudice of an ex parte communication. We will be watching these bills and will let you know the outcome which may negate some of the prohibitions we have previously mentioned regarding ex parte communications. P sp call if you have any questions. SAR:ds Attachments cc: David Harden, City Manager David Kovacs, Planning Director Diane Dominguez, Planner III quas1-3.sar MEMORANDUM DATE: FEBRUARY 14, 1994 TO: DIANE DOM NGUEZ, PRINCIPAL PLANNER FROM: PAT CAYCE, ISTORIC PRESERVATION PLANNER SUBJECT: BUILDING COUNT SURVEY FOR OSCEOLA PARK SUBDIVISION AND AN EXPANDED AREA IN SOUTHEAST DELRAY BEACH. BACKGROUND The target area of this building count survey is located in a close-to-downtown neighborhood in the southeast section of Delray Beach. A number of historically significant buildings are located in the area as the survey includes Osceola Park, one of the oldest subdivisions in the City. The Community Redevelopment Agency requested the building count in order to estimate the cost of hiring a consulting firm to prepare a comprehensive survey for the neighborhood. It is possible that a matching grant for funding the comprehensive survey may be obtained from the Florida Division of Historical Resources. It is my understanding that the matching grant funds would be provided by the CRA or be shared with the City. As most consultants base their fees on the number of structures to be surveyed (roughly $50 per building) , it is essential for the CRA to have a building count in order know the financial scope of the project before contemplating a grant request. AREA OF SURVEY The boundaries the survey are as follows: Bounded on the north by the alley running south of E. Atlantic Avenue. On the south by S.E. 10th Street. On the west by the FEC Railroad tracks. On the east by the alley in Blocks 117, 118, 119 and 120; by an average depth of 100' on the east portion of S.E. 6th Avenue between S.E. 4th Street and S.E. 7th Street; and by S.E. 7th Avenue between S.E. 7th Street and S.E. 10th Street. The boundaries are subject to change if it is determined that a comprehensive survey be undertaken. SCOPE OF THE SURVEY This survey was conducted to estimate the number of buildings in the target area. Strip centers and condominiums were tabulated as one unit regardless of individual structures, thus the number of actual buildings will be greater on a comprehensive survey. Building Count Page 2 Preliminary identification of historic properties and vacant lots were included. No attempt was made to identify uses within the area. FINDINGS Total number of buildings : 428 Buildings contributing to the historic built inventory (constructed prior to 1943) : 132 Noncontributing structures (constructed after 1943) : 296 Vacant parcels: 27 Building count survey taken on February 7, 1994 by John P. Johnson, Director, Historic Palm Beach County Preservation Board and Pat Cayce. c: John P. Johnson, HPBCPB Chris Brown, CRA Lula Butler, Dir. Community Improvement Regenia Scott, Neighborhood Planner