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HPB 01-20-1993 NOTICE OF CANCELLATION THE HISTORIC PRESERVATION BOARD MEETING SCHEDULED FOR WEDNESDAY, JANUARY 6, 1993 AT 6 :00 PM IN THE FIRST FLOOR CONFERENCE ROOM HAS BEEN CANCELLED. The next meeting of the Historic Preservation Board will be held on Wednesday, January 20, 1993 at 6 :00 PM in the First Floor Conference Room. • Patricia Cayce , Historic Preservation Planner AGENDA HISTORIC PRESERVATION BOARD MEETING WEDNESDAY, JANUARY 20, 1993 6:00 PM FIRST FLOOR CONFERENCE ROOM, CITY HALL Please be advised that 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 proceeding is made, which 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. 1 . Roll Call 2 . COA 8-201 303 N. Swinton Avenue, Michael and Cindy Landman, Owners. Rehabilitation of a contributing single family residence in the Old School Square Historic District. 3 . Discussion and comments regarding the Old School Square Historic Arts District text amendment. 4. Discussion pursuant to Section 4 .4.24(G) (2) regarding parking in the front yard when compliance is feasible but not desirable due to historic features of the facade, existing trees or location of the structure on the lot. 5. Discussion and comments regarding the draft of the administrative rule prepared by the State's Division of Historical Resources for the historic preservation property tax exemption program. 6 . Discussion and direction regarding the preparation of an historic property survey for Atlantic Avenue. 7 . Reports from Historic Districts. 8. Unfinished Business . 9 . New Business. 10. Approval of the December 16, 1992 minutes. 11 . Adjournment. MINUTES OF THE HISTORIC PRESERVATION BOARD PUBLIC HEARING WEDNESDAY, JANUARY 20, 1993 LOCATION: FIRST FLOOR CONFERENCE ROOM 100 N.W. 1ST AVENUE DELRAY BEACH, FL 33444 1. ROLL CALL: The Chairperson called the meeting to order at 6 :00 P.M. Board Members: Christine Bull Present Margie Miller Absent Daniel Carter (Vice Chair) Present Sandy Jamison Present Pat Healy-Golembe Present Buck Miller (2nd Vice Chair) Present Rose Sloan (Chair) Present Staff Members Present: Diane Dominguez, Planing & Zoning Department Jeff Costello, Planning & Zoning Department Pat Cayce, Planning & Zoning Department Diana Mund, Planning & Zoning Department Jay Alperin, City Commissioner 2 . COA 8-201: 303 N. Swinton Avenue; Michael & Cindy Landman, Owners. The Board approved COA 8-201 as presented. The exterior alterations are described in detail on the Chronology of Construction sheet and on the elevations which were submitted with the application. Sandy Jamison moved for approval of COA 8-201, seconded by Pat Healy-Golembe. The vote was as follows: Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Pat Healy-Golembe - No; Buck Miller - Yes; Rose Sloan - Yes. Said motion passed 5-1. 3 . Old School Square Historic Arts District Text Amendment: The Board moved to approve the proposed OSSHAD amendment, subject to the following changes: * Provide a list of permitted retail uses instead of referring back to the CBD zoning district; said list is to consist of all of those retail uses permitted in the GC district, excluding the following items: * Automotive parts; * Lawn care equipment; and, * Appliances. * and changing "Electrical fixtures and supplies" to "Lighting fixtures and supplies" . The Board also expressed some concern over the elimination of the words "arts related" from the Purpose and Intent section; perhaps this could be changed to read " . . . arts related and other commercial activities . . " Sandy Jamison moved for approval of the OSSHAD Text Amendment, seconded by Daniel Carter. The vote was as follows : Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Pat Healy-Golembe - Yes; Buck Miller - Yes; Rose Sloan - Yes . Said motion passed 6-0. 4 . Section 4 .4 .24(G) (2) Parking in Front Yards: changes regarding parking in the front yard when compliance is feasible but not desirable due to historic features of the facade, existing trees or location of the structure on the lot. After some discussion the Board decided not to make any changes to said section at this time. 5 . The Historic Preservation Property Tax Exemption Program: After some discussion the Board recommended approval of said program to the State's Division of Historical Resources . Daniel Carter moved for approval of the Historic Preservation Property tax Exemption Program, seconded by Pat Healy-Golembe. The vote was as follows: Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Pat Healy-Golembe - Yes; Buck Miller - Yes; Rose Sloan - Yes. Said motion passed 6-0. - 2 - 1/20/93 6. Historic Property Survey for Atlantic Avenue: The Board discussed the CRA's intent to conduct a comprehensive building survey of Atlantic Avenue from Swinton Avenue to A-1-A to evaluate and document the built inventory. The Board was in favor of this . 7 . REPORTS FROM HISTORIC DISTRICTS: None. 8. UNFINISHED BUSINESS: Mrs. Cayce informed the Board the requested additions to the Variance criteria in the Historic Districts was approved by the Planning and Zoning Board and was now before the City Commission. 9 . NEW BUSINESS: Mrs. Cayce informed the Board that the CRA is investigating the possibility of moving the FEC Rail Road Station from Sims Road back to the downtown area. The station is in good condition and is privately owned. Sandy Jamison nominated 218 N.E. 5th Court for a Historic Preservation Award. 10. APPROVAL OF MINUTES: December 16, 1992 Meeting Daniel Carter moved for approval of the minutes for the December 16, 1992 meeting, seconded by Sandy Jamison. The vote was as follows: Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Pat Healy-Golembe - Yes; Buck Miller - Yes; Rose Sloan - Yes . Said motion passed 6-0. 11. ADJOURNMENT: Sandy Jamison moved for adjournment at 7 :45 P.M. , seconded by Pat Healy-Golembe. The vote was as follows: Christine Bull - Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Pat Healy-Golembe - Yes; Buck Miller - Yes; Rose Sloan - Yes . Said motion passed 6-0. - 3 - 1/20/93 The next meeting is scheduled for February 3, 1993 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 January 20, 1993, which were formally adopted and approved by the Board on February 3, 1993 . Dia a 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 - 1/20/93 STAFF REPORT AGENDA ITEM 2 HISTORIC PRESERVATION BOARD MEETING JANUARY 20, 1993 TO: HISTORIC PRESERVATION BOARD FROM: PAT CAYCE SUBJECT: COA 8-201, MICHAEL AND CINDY LANDMAN, OWNERS. REHABILITATION OF 303 N. SWINTON AVENUE, OLD SCHOOL SQUARE HISTORIC DISTRICT. Background Built in 1926 in the Mission Revival style, this is a contributing single family residence in the Old School Square Historic District. The architectural chimney cap and porte-cochere with exposed decorative wood beams and barrel tile roof are about all that remain of its original exterior elements. It is believed, but not documented, that the house was built by by Frederick Link for Malcolm O'Neal who owned O'Neal 's garage which was located on E. Atlantic Avenue. It was purchased by R.J. Holland and for many years was known as the Holland House. In 1950 the house was extensively remodeled and the enclosed porch addition was constructed. There is a cottage on the northeast corner of the property which may have been the original garage. The cottage is not included in this COA and the owner will return for design approval for this structure at the appropriate time. Proposed changes and additions to the exterior Please see the elevation sheets and the Chronology of Construction for details. The additions are indicated in green on the survey. The existing aluminum windows will be relocated and new windows will be the same style as the relocated windows. The kitchen window (north elevation) will be replaced with an aluminum bay window. All new doors and French doors are to be wooden. The new roof and the asphalt replacement is to be "S" tile, which is a simulation of barrel tile; the color is to be terra-cotta. The concrete brick wall and planter on the west elevation will be plastered and painted. Staff Report COA 8-201 Page 2 The exterior main color is pale coral with off white trim; paint chips will be available at the meeting. The owner plans to landscape the front yard; landscape approval is not required. However, our Guidelines state that removal of front yard trees requires approval. Two Norfolk Pine trees will be removed. Analysis Barrel tile would be more appropriate for this project than the proposed "S" tile, however it is about twice the cost. The Board might want to suggest to the applicant that, in view of the magnitude of the project and the prominence of the roof, barrel tile would be a better investment in the long term. It is unclear from the application whether the original barrel tile on the porte-cochere roof is to remain. The applicant should be urged to retain the barrel tiles. The existing fence is to be repainted but the paint color has not been specified on the application. The fence, which will remain until a later date, is very prominent from N.E. 3rd Street and the paint color should be approved. The applicant will be requested to bring color samples of his choice to the meeting. The Board should strongly recommend that some sort of vines be planted in front of the fence to soften its appearance. Possible action Deny the COA. Approve with modifications. Approved as presented. Recommended action Approve the COA with the following modifications: 1. That the original barrel tile remain on the porte-cochere roof, and 2 . That paint color be specified for the fence. AGENDA ITEM 2 HISTORIC PRESERVATION BOARD MEETING JANUARY 20, 1993 COA 8-201, MICHAEL AND CINDY LANDMAN, OWNERS. REHABILITATION OF 303 N. SWINTON AVENUE, OLD SCHOOL SQUARE HISTORIC DISTRICT. FINDINGS OF FACT The HPB approved, without modification, the Certificate of Appropriateness application 8-201. The exterior alterations and are described in detail on the Chronology of Construction sheet and on the elevations which were submitted with the application. 5-1 Pat Cayce P. Historic Preservation Planner January 27, 1993 Chronology of Construction 303 North Swinton Avenue Delray Beach, Florida 1) Remove and replace sections of walls, remove and replace the entire roof structure of the library, replacing existing flat roof with a hip roof. New French doors and window ,are to be wooden, and placed as shown on elevations. 2) Extend hip roof over enclosed porch to balance the look of the front of the house. Existing windows are to be relocated as shown on elevations. 3)Remove and relocate front entrance door to the south, as shown on the elevations, new doors are to be wooden. 4) Remove existing southeastern entrance, and construct new rear entrance on the master bedroom, add addition for laundry room, and construct a new pitched roof over. New French doors to be made of wood. 5) Remove and replace existing asphalt shingles, and cover all pitched roofs with terra- cotta clay "S" tile. 6)Remove existing north, master bedroom exterior door, and construct new master bath north of the master bedroom. 7) Remove existing kitchen door, (middle of north wall) and redo window arraignment, including wall section to the east. The new bay window to be made of wood, and the new window at the east end of the wall, is to be aluminum, matching the existing unit. 8) Straighten out existing fence; to run from the southeastern end of the brick planter, south, to the property line, then east to connect with the existing fence, and repaint to match house. 9) Repair damaged patch at north end of east of garage. 10) Restucco, concrete brick planter, west wall, new wall sections to match existing stucco. 11)Repaint exterior walls and trim. 12)Relandscape front yard and front planter. APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH, FLORIDA 100 N.W. 1ST AVENUE DELRAY BEACH, FLORIDA 33444 The Historic Preservation iThisoard meets on the application must besfiled and third Wednesday of each month. 15 days prior to the next available meeting. 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W.ttl SHOWN.AND F?NTN9l MAT Tfa1 FJRYTY um,TT9E NRMAA'JN TFCHN.CAt 41 ANDARD?Al PIT FORM SY TH?PLC•/A t•DAAO OT(.A.ND F..TTORI.NINTNANT TO/tCTIDN W.I. 477.077.PCCWCA VIAT17TMT.M:i su.vey rs cw.r NA..C/FOIL THE Pwost As ITATlO MOYL PC.t*ANO.1 IT Li 1 TtllrnE�TNC?v.P.tf IS NOT VALID WITHOUT A MITm Su.. C r �� ...M , ,/IJ .1) • T. OAT? 0(C41+T(1 71.1/17 N7•.SIO P.6:LT!14.0.01 PADITT:DDNti;MD TWIT.TTOR .lCIRc.A C11'TIR'ATI NC.17.711 SCALE DAIL uw.NN Sr P a RtCHARD P. BREITENBACH, P.L.S. tD 0, ,.-,O. 11-21-1f12' IV I SUBDIVISION Of BLOCK 65 LAND SURVEYING SLRYICES . IN I Pten+DNS DELRAY. FLORIDA ' ..z 6ESCRIFiI N P+Iplr (a,T)aJJ O1BD AS 1 dE 2. BLOCK 3 7 1::Fk;W P'A R;.IO r PA't/Bo(_R 3t4DE. AGENDA ITEM 1 HISTORIC PRESERVATION BOARD MEETING JANUARY 20, 1993 Discussion and comments regarding the Old School Square Historic Arts District text amendment. Section 4 .4 .24 (B) (3) , (5) and (8) Principal Use and Structures, of the text amendment will be the focus of the discussion. (B) ( 3) has been changed to read "Retail sales of general merchandise as allowed in the Central Business Zone (CBD) District, see Section 4 .4 . 18(B) " . Attached is Section 4 .4 . 18 (B) Central Business Zone District and Section 4 .4 . 9 (B) ( 1) and (2) of the General Commercial zone district which indicates the uses allowed within those districts . The intent of the HPB was to eliminate the "single purpose businesses" aspect of retail sales but not to broaden it to such an extent as to allow laundromats or sales of automotive parts, for example. The HPB's recommendations will be forwarded to the P & Z Board which will review the text amendment again at its meeting of January 25, 1993 PLANNING AND ZONING DEPARTMENT MEMORANDUM TO: DAVID J. KOVACS, PLANNING DI -TOR FROM: DIANE DOMINGUEZ, PLANNER III SUBJECT: HPB CONSIDERATION OF PROPOSED OSSHAD TEXT AME ENT DATE: JANUARY 21, 1993 At last night's meeting of the Historic Preservation Board, the Board moved to approve the proposed OSSHAD amendment, subject to the following changes: Provide a list of permitted retail uses instead of referring back to the CBD zoning district; said list to consist of all of those retail uses permitted in the GC district, excluding the following items: Automotive parts Lawn care equipment Appliances and changing "Electrical fixtures and supplies" to "Lighting fixtures and supplies. " The Board also expressed some concern over the elimination of the words "arts related" from the Purpose and Intent section; perhaps this could be changed to read " . . .arts related and other commercial activities. . " c: Pat Cayce, Historic Preservation Planner Jeff Costello, Planning Tech PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: II .C.5. Consideration of Amendments to the Old School Square Historic Arts District (OSSHAD) ITEM BEFORE THE BOARD: The item before the Planning and Zoning Board is the consideration of several proposed amendments to the Old School Square Historic Arts District, and the making of a recommendation(s) to the City Commission. BACKGROUND: The proposed amendments to the OSSHAD have evolved from a long history. Please refer to the attached write-up on the history of this subject for a chronology and details . The changes being proposed at this time pertain specifically to OSSHAD. They are primarily driven by direction from a July, 1992, meeting among members of the Planning and Zoning Board, the Historic Preservation Board, the Old School Square Homeowners Association, and a special review committee. ANALYSI S: The items addressed in this staff report are organized as follows: 1. Purpose Statement 2. Retail Use 3. Accommodating Mixed Use 4 . Outdoor Dining 5. Accommodating the Bankers Row Master Plan 6 . Applicability of Perimeter Landscaping Requirements 7 . Parking Regulations and Addition of the In-Lieu Fee Option 8. Retention of Residential Usage. Other changes shown on the attached mark-up of Section 4 .4 .24 are self-explanatory. Another related item, that of an expanded basis upon which to grant a waiver of development regulations, is addressed in a separate, but accompanying, staff report. P&Z Staff Report OSSHAD Text Amendment Review Page 2 Several other items which were discussed in the review and preparation of these recommendations apply to all historic districts and not, just specifically to OSSHAD. Those items include: fencing height and materials, fence locations, fence and hedge combinations. This consideration was deferred to inclusion as an amendment to the Historic District Overlay regulations. 1 . Purpose Statement: Changes are shown which provide more emphasis upon general commercial (retail) usage, as opposed to an "arts and crafts" emphasis . This emphasis is furthered by language which places adaptive reuse on a footing with preservation. 2 . Retail Use: The restrictions upon specialty shops and single purpose retail shops is deleted from Subsection (B) (2) and the sale of general retailing merchandise is accommodate. This change is consistent with the direction from the July 27, joint meeting. Since, the allowables are expanded to accommodate those in the CBD, the special provision [formerly ( 10) ] for properties along Atlantic Avenue is deleted - it is no longer needed. The intent of this amendment is to increase redevelopment interest by removing the single purpose business stipulation and thereby expanding commercial/retail business opportunities. The rationale for this change is the feeling that the single purpose stipulation is restrictive and may act as a deterrent to locating viable businesses within the District. The removal of the single purpose stipulation represents a change of the intent of the Historic Preservation Board when OSSHAD was initially considered and created. Specialty shops were represented, at that time, as projecting the image the Board wished to establish in the District. 3. Accommodating Mixed Use: Just how to accommodate mixed use (residential and non-residential) has been one of the most controversial and complex matters discussed throughout OSSHAD's history. While mixed use within a structure and on a single parcel is acceptable, the consensus is that there should be some limits or controls . In the situation where there is a reasonable relationship among tenants and other interests on the site, it is felt that reasonable control (concern) will occur naturally. Where there may be multiple residential situations on a mixed use parcel, there is a feeling that a greater degree of control is appropriate. P&Z Staff Report OSSHAD Text Amendment Review Page 3 The above situations have been accommodated by allowing the former as an "accessory use" with a better description provided. This description is expanded to have more allowable situations that currently exist. The latter situation is accommodated through the conditional use process . Subsections (C) (2) , and (D) ( 1)&(2) reflect these changes. 4 . Outdoor Dining: The Historic Preservation Board's intent in creating OSSHAD was that outdoor cafes, or outdoor dining areas were just a normal part of cafes. However, restaurants beyond the scale of "cafes" appear to be viable uses within OSSHAD. Thus, there is a need to clarify "outdoor dining" as allowed in the OSSHAD. Discussion among the HPB, staff, and the P&Z Board identified potential negative effects from allowing a restaurant in a mixed use district. As a result, the direction which emanated from the July 27, joint meeting was that outdoor dining areas which are supplemental to a primary restaurant use and limit hours of operation to daylight hours should be allowed as an accessory use. Outdoor dining areas which operate at night or are clearly the principal use or purpose of the restaurant should be a conditional use. These changes are accommodated in Subsections (C) (5) and (D) (3) . 5. Accommodating the Banker's Row Master Plan: These changes incorporate the Banker's Row Master Plan into OSSHAD and allow its provisions to be used in-lieu of standard district regulations and supplemental district regulations. In other words, site specific development can occur pursuant to the Bankers Row Development Plan. If the Plan is unclear, or the normal regulations are more lenient, then the normal regulations shall be used. Subsections (F) (2) and (G) (1) apply. 6 . Applicability of Perimeter Landscaping Requirements : The perimeter landscaping requirement, Section 4 . 6 . 16(H) (3) (e) , is not appropriate within OSSHAD, nor may it be appropriate in other mixed use situations. This provision provides as follows: (e) Where any commercial or industrial areas abut a residential zoning district or properties in residential use, in addition to requirements established for district boundary line separators in the zoning code, one ( 1) tree shall be planted for . every twenty-five (25) feet to form a solid tree line. P&Z Staff Report OSSHAD Text Amendment Review Page 4 This requirement for trees usually cannot be met due to the small size of parcels within OSSHAD and the existing vegetation and general encroachment of existing structures into yard areas. Even though it is recommended that the above requirement not apply, when appropriate, the HPB can impose appropriate buffering as a condition of site plan approval. In a related regulation, the special district boundary treatment requirements of Section 4 . 6 .4 do not apply since they address separation requirements between adjacent zoning districts and not between uses . 7 . Parking Regulations: The parking regulations within OSSHAD gave special accommodations for business and professional uses, but not for retail, restaurant, and other commercial uses. When the special Parking Task Force addressed this area, they suggested that a uniform parking requirement be imposed. Thus, since we are amending the OSSHAD, it is appropriate to make the amendment at this time. The proposed change simply expands to the existing standard for offices to all non-residential uses, including restaurants, instructional facilities, etc. Also, the option of using the in-lieu fee when on-site parking cannot be provided or would be inappropriate, is provided. In addition, a special criteria - that of an adverse impact upon the historic character - is an allowable basis for allowing the in-lieu fee to be used, even though spaces can be accommodated on-site. 8. Retention of Residential Use: The intent of the proposed mixed use limitation amendment is to assure that, over time, land uses within the OSSHAD will remain diverse, rather than become dominated by one single use or group of uses . In this case, it is desired that the commercialization of the area not totally remove its residential aspects. This is desirable from both a land use and a historic preservation perspective. The impetus for this requirement came from the State's review of the City's Comprehensive Plan Amendment 91-1. The State advised that mixed use zoning districts must contain a limitation on the percentage or amount of uses allowed. OSSHAD is presently comprised of 197 ownerships, 157 (80.7%) of which are residential. Given the high percentage of residential use in the District today, it is unlikely that mix of residential use to nonresidential use in the District will be dramatically reduced in the foreseeable future. However, the concern/issue expressed by the State is valid, and staff recommends an amendment to the LDR's to accommodate this concern. P&Z Staff Report OSSHAD Text Amendment Review Page 5 The direction from the July 27 joint meeting was that the residential component of the OSSHAD not be less than 10% as expressed by the principal use of the parcels in the District. Parcels are to be defined by ownership, and nonresidential usage is to be determined by the issuance of an occupational license for a property/parcel. Home occupational licenses shall not be considered as a commercial use of a property. RECOMMENDED ACTION: It is not necessary to forward this proposal at your January llth meeting. Given the complexity of the matter, further review may be appropriate. However, it appears that a reasonable approach has been devised for each of the issues which have been raised during the review process. Attachments: * A mark-up of Secti• ,..4 .24 showing additions and deletions * A History of OSS Report prepared by: C)Ct , REPORT.DOC DJK/T:RST.DOC • E (4 4,.'1! REF: tal c a OC ' :. '.s: A .= :U` • D=--= IiiF. CH. FLORIDA 33444 • 407/243.7003 December 31, 1992 Dear OSSHAD Property Owners and Neighbors to the OSSHAD District: The enclosed notice is to advise you that changes are being proposed to the Old School Square Historic Arts District (OSSHAD) zoning district. These proposed changes will be heard by the Planning and Zoning Board, at a public hearing, commencing at 7 :00 p.m. on Monday, January 11, 1993. The hearing will be held in the City Commission Chambers . This topic is one of many which will be heard that evening. The proposed changes have resulted from several meetings of the Historic Districts Zoning Review (HDZR) Committee, (established by the City's Planning Department in October, 1991) , City staff , and a joint meeting between the HDZR Committee, the Planning and Zoning Board, and the Historic Preservation Board in July, 1992 . As you can see, the content of the current OSSHAD have been discussed for quite some time. There is a general thought that this special zoning district has not provided the impetus for innovative reuse and redevelopment which is desired; thus, one reason for the proposed changes. To assist you in understanding the proposed changes and how they may affect your property, we have compiled the following brief explanation regarding the most significant of them. A full copy of the proposed OSSHAD text with changes highlighted should be available in the Planning Department Office on Tuesday, January 5, 1993 . 1. Expansion of allowed retail uses: As currently written, retail use is limited to "specialty shop" which engage in single purpose sales such as bath shops, book stores, florists, boutiques, etc. The proposed allows the sale of several retail items in a single location and broadens the scope of items which may be sold. 2 . Restaurants and outdoor dining: The initial concept in OSSHAD was for cafes, gourmet shops, and small restaurants . This concept is being expanded to accommodate all types of food service (excluding drive-in and drive-through) , including outdoor dining. To: OSSHAD Property Owners & Neighbors Re: Proposed Changes to the OSSHAD Zoning District Page 2 3 . Mixed residential and commercial use on the same parcel: OSSHAD currently allows a single family residential use of a property as accessory to a nonresidential (business, commercial) use of the same property; but only when occupied by the property owner, the proprietor, or an employee of the nonresidential use. The proposed change allows that, in addition, any person may occupy the dwelling if the nonresidential use is owned or operated by the property owner. Also, any such mix of use will - in the future - be accommodated only through the conditional use process (public hearing and City Commission action) . 4 . The Banker's Row Master Plan: This Plan is adopted, by reference, thus allowing development which might otherwise be in conflict with the OSSHAD regulations to occur. 5. Boundary Landscaping: Current requirements for one tree to be planted every twenty-five feet (25 ' ) between mixed use or commercial site and residential uses is to be deleted. 6 . On-Site Parking: Provision will be made to allow an in-lieu fee to be paid when providing on-site parking is not practical or possible. In addition to the proposed changes to the OSSHAD, the Board will consider another text amendment which will provided the Historic Preservation Board with an additional criteria upon which to base the granting of a variance to development regulations . The proposed additional criteria is "When variances are essential for the adaptive reuse of a structure. " Questions about these proposed changes or how you can participate in the hearing should be directed to me at (407) 243-7044 . incerely, ç2)m �/ 4 G � N Jasmin Allen, Planner I Department of Planning and Zoning Enclosure * Notice * Location Map T: \OSSHAD\NCVLTR.DOC • , u IL± Ii 1 LAKE IOA KAo '� am' ._ `s ,f m R f... ter^ "- .. — ►-0-.,-;i�:4:�: �- . 11►♦4•♦'►1► ♦ b.4.1.i ja♦i♦i►jib I € I 1 1 ►♦1!►♦1�►i. � ♦1'♦ "aftil—ri_r--11 ►Ai. 1,).i.i►.411.6_I / _ ______ _____±% i I. ♦ 1 ''4►♦♦4,'___L' 1 II i / a CENTER 414- li 1 1 I I ...L._Ait v _ ,-.5% . 411 AL A 1/ 1 r— [ ATLANTIC AVE. -_�ATLANTICi.1.; ATIAMTIC lizi . f ROUGE scum ►fir ••4�'I►'� —. STATION COUNTY ♦1 '4 -♦' • NOOUUSSEE ►♦`►♦�,►♦�•♦. i ►A. .V.- A 1——. rh4.1 '944 el F. W._41. : 111•:•.•:2441111:441 : 4 Llidi si:e • II � II Al-11flfl n1nn1 € _ _ _a 0 - OSSHAD - OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT . nnn'l nn I1 I1 nn n-1 nn nn nin on Section 4 .4 .24 Old School Square Historic Arts District (OSSHAD) (A) Purpose and Intent: The Old School Square Historic Arts District (OSSHAD) is a mixed use district which is intended to: * Provide for mixed uses of residential, office, and dtto toutod commercial activities that will encourage the restoration or preservation of historic structures and, yet, maintain and enhance the historic and pedestrian scale of the 0Xd S )i X Sc4i4tg HX tdtXd OXgttlOtf area. * Stimulate greater awareness and pride in the City' s architectural heritage, and create an atmosphere and feeling of "Old Delray Beach"; * Improve the environmental quality and overall liveability of this Historic District and stabilize and improve property value therein, and; * Allow uses which promote preservation and adaptive reuse of all structures within the District. (B) Principal Use and Structures : The following types of use are allowed within the OSSHAD as a permitted use: ( 1) Residential uses of single family detached dwellings and duplexes . (2) Business, Professional, and Governmental Offices. (3) Retail sales tHtogo 4300fAXtt gtdPig toXK Xd pdti3dgg bdgXHgggAgl gddH Mg 16dtM OKdOsti 1600X gtdtOg‘ tiff 04401 XXdtXigtgl 11$16H4 MbO( MOW 01930l •L\ bddtXdogi butou oKdtig of general merchandise as allowed in the Central Business Zone (CBD) District [see Section 4 .4 . 18(B) ] . THM 0.016KtHtIOA Of gNOXKXtt tAghtigt Xdddg 4Kd tHOXt gdXd ditHdt tKtdd H 0AtdtXKt dt dXtddt gAXdg 0/4/i d 0MXg/ (04) Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display of, and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass . 1 ($5) Educational and/or Instructional tA0XXXtX00 activities including training, vocational, or craft schools, 00XXOtOg1 AAV[XriAtXOAl HriXOAtAXtXAA the artsL Alid personal development, IrigtXtxltXeS 1 1 and libraries, museums, and social and philanthropic institutions . (76) Restaurants 0/4.of a sit down nature such as a cafe, snack shopg, full service dining, but excluding any drive-ing and/or drive-throughg facilities or features . ($7) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists . (98) Bed and Breakfast Inns (X01 WXtHXii E) 10XXU01ri§ AAA0t116001 AtA4A1 tHH Hig60 AXX600d AA 130ftIttAd gAAA IA $00tUOri 4101X8,(01 txitAuizirit tO0 15H00 digit/Ot Avid At001riX Pt0010155ri0 Of OW 00rittAX 11001 AAA TXAttIOt tO414X4tU$riA A 4ZX AXA$ HA aiXX60091 IA tH0 O MM ANl ,(zip' VAA X3/X01 HX6OX 00 061 Utig Xf 01 18X60k OX t¢1 ZOtO X/ 71 1AX6OX 00 (¢t�' ZOtA 7/ $1 HX00k 75 tOtA X/ 61 k3X6OX 7B (C) Accessory Use and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: ( 1) Uses and structures normally associated with residences such as: bird aviaries, dog houses and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers/enclosures, pump houses, slat houses, storage sheds, workshops, swimming pools, and home occupations . (2) On a parcel that has as it's principal use a non-residential use, there may be one A single family residence, either within a separate structure or within a structure housing a non-residential use, provided that one of the tOAIdAri¢0 10 00014X0d 14 OW situations exists: (a) the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property/1 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. 2 (3) Family Day Care (4) Parking lots and refuse storage areas. • (5) Outdoor dining areas which are accessory or supplemental to a restaurant or business use, provided the operation of the outdoor dining area is limited to daylight hours. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: (X' ROAXd0HtUHX dHXt vXtHXH A Ottd¢tHtO 00HtdXHXHd OAticitXttdd Hchit00XddHtfAX 140001 0001 4d tHHt tHd t0AXdAHti4X dgd dc6Ost HOt 0t¢001 ZOZ Of tHOtditig fX095t HtdH Of t110 OttHOtdtO VHX¢H tH Htd XSOdtOdi ( 1) The existence of more than one residential use on a parcel upon which there is mixed use (residential and non-residential usage) . More than one residential unit may be located within a mixed use structure. (2) On a parcel that has as it's principal use a non-residential use, residential use which occurs other than as provided for in Sub-Section (C) (2) . (3) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. (24) Adult congregate living facilities, Alcohol and Drug Abuse treatment facilities, Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes. (35) Parking lots not associated with a use. (E) Review and Approval Process: ( 1) All principal uses and accessory uses thereto, which do not require a permit for external modifications shall be allowed upon application to, and approval by, the Chief Building Official. (2) Structures which require a building permit for external work must receive approval from the Historic Preservation Board through the issuance of a Certificate of Appropriateness. (3) For new development, approval must be granted from the Historic Preservation Board pursuant to Sections 2 .4 .5 (E) , (G) , and (H) . 3 (4) Conditional uses must be approved pursuant to Section 2 .4 .5(F) . Prior to action by the Planning and Zoning Board, the use request must be reviewed by the Historic Preservation Board with a recommendation forwarded by them. (F) Development Standards : The development standards as set forth, for the OSSHAD District, in Section 4 . 3 .4 apply, except for: ( 1) 7146g0 At6M0 IdOritiflOd IA S016g00M1UM (SICXO' S4MXUM The following locations shall be subject to the standards of the CBD Zone District (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7, Block 69 (d) Lots 7- 8, Block 75 (e) Lots 1- 6, Block 76 (2) Parcels located along NE 1st Avenue between NE 2nd Street and NE 3rd Street (Banker' s Row) shall comply with either provisions of Section 4 . 3.4 or provisions of the Banker's Row Development Plan, whichever is more permissive. (G) Supplemental District Regulations : Supplemental district regulations as set forth in Article 4 . 6, except as modified herein, apply: ( 1) Parcels located along NE 1st Avenue between NE 2nd Street and NE 3rd Street (Banker's Row) shall comply with either provisions of Article 4 .6, of these Supplemental District Regulations [Subsection (G) 1 , or provisions of the Banker's Row Development Plan, whichever is more permissive. (2) The perimeter landscaping requirements of Section 4 . 6 . 16 (H) (3) (e) , shall not apply. . (23) 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, M00000ti 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 tOOldOMMXdX character of the area will be maintained. If approved, such parking shall be substantially screened from off-premises view by a hedge/ or decorative fencing. At X0M0Mi XOdt XOOM IA 110X01MX 4 (X4) iWAXri000 Arid 0.6f0OgXOriziX OXX100s4 All non-residential uses shall provide one parking space per 300 sq. ft. of total new floor area or existing floor area being converted to non-residential use. This requirement may be reduced to one parking space per 400 sq. ft. of total floor area, or by at least one space, where there is a mix of residential and $ttL00 non-residential use in the same structure. (5) If it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Section 4 . 6 . 9 (E) (4) , the in-lieu fee option provided in Section 4 . 6 .9 (E) (3) may be collected. For the purpose of this provision, "inappropriateness" may be considered in relationship to the historic character of this zone district. t3I VOXtHXri tH Ht04 Q160f4 AtOd Sia40¢tUUri ,( ZOI tHd AIWO OgOOPti0A0 614XX riot .aiPO4,I (H) Special District Regulations : ( 1) Residential units within a structure containing permitted nonresidential use(s) shall not use more than 50% of the gross floor area of the structure within which they are located. (2) Residential uses shall comprise no less than 10% of the uses in the OSSHAD District as expressed by the exclusive use of individual parcels, other than condominium ownerships. The existence of an occupational license, except for one issued for a home occupation, shall establish that such a parcel is non-residential. IN ADDITION TO CHANGES TO 4 .4 .24, AN AMENDMENT IS ALSO NECESSARY TO THE TEXT OF THE FOLLOWING SUPPLEMENTAL DISTRICT REGULATIONS: Section 4 .6 .9 Off-Street Parking Regulations Section 4 . 6 .9(E) Location of Parking Spaces (3) In-lieu Fee: If it is impossible Arid or inappropriate, Hit AAtAtd/ridd $ t tHd 093zti:tiXstigUU74 to provide the required number of on-site parking spaces, Mid d000X01611107it u t otgS udo XOt and upon approval thereof by the City Commission, the payment of a fee in-lieu of providing such required parking, or any part thereof is allowed. This provision shall be applicable only in the CBD and OSSHAD Zone Districts pursuant to the Supplemental District Regulations Provisions therein. All proceeds from such a fee shall be used for parking purposes. The fee is hereby established at $2,500 per space. Such payment must be made prior to issuance of a building permit. T:UVW 5 r A HISTORY OF THE OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT 0. S. S. H. A. D. The R.O. Approach: In 1985, the City received petitions affecting approximately twenty properties along N.W. 1st Avenue requesting rezoning from RM-6 to POI (Professional Office Institutional) . This initiated the first attempt at encouraging redevelopment of a portion of what is now know as the Old School Square Historic District. In response to those petitions, a new zoning district, Residential Office (RO) was created. It was adopted in January, 1986 . In May of 1986, a portion of what is now OSSHAD was rezoned to RO. Prior to this rezoning, the applicable zonings were R-1A (Single Family Residential) and RM-6 (Multiple Family Dwelling District) . The RO District was essentially the RM-6 District with the deletion of multiple family housing; but with the addition of business and professional offices. In the ensuing years, these efforts did not yield the desired results. The land use in the area remained unchanged. If anything, the area was in a state of decline as residential properties turned into rentals and evidence of overcrowding began to show. In February, 1988, a request to add the use of "contractor's office" as a permitted use in the RO District failed amidst objections from surrounding neighbors. Objections focussed on the inappropriate nature of the use in the area, its conflict with the intent and goals of the RO zoning district, and that it did not represent the type of redevelopment effort which was desired. The Historic District Approach: In 1988, special "overlay districts" were created for the purpose of preserving the historic fabric of certain areas within Delray Beach. These overlay districts did not affect allowable use of the area, but only regulated aesthetics, neighborhood character, and provided some safeguards against actions which would be detrimental to the objective of appropriate historic preservation. The Old School Square Historic (Overlay) District was established on February 9, 1988 . It was placed on 50 acres of land with 209 properties, 86 of which were identified as being historically contributing properties. Six base zoning districts governed the allowable land use within this overlay district. These zoning districts included the RO, POC, GC, RM-6, RM-10 and CBD. Evolution of OSSHAD: In May, 1989, the Historic Preservation Board (HPB) began consideration of a single zoning district to replace the existing six zoning districts within the Old School Square Historic Overlay Area. The Board desired to increase the marketability and focus of the Historic District through a unified zoning district which would allow additional cultural arts and related uses. The types of changes envisioned at that time were additional permitted uses such as: Yoga, Health Spa, and Fitness Center uses; change some conditional uses to permitted uses; shortening review and approval processing time. 1 In August, 1989, the initial drafts of the proposed zoning district was distributed for review. The use of "bed and breakfast" was added and some minor changes were suggested during the review. A general consensus was seemed to have been reached, and the proposal was put in a proper format. In March, 1990, the Historic Preservation Board considered recommendations that multiple family residences and duplexes should no longer be allowed as permitted or conditional uses in the proposed zoning district. During the ensuing review period several comments and challenges were made to the proposal, most seeking more lenient provisions. From June through August, the proposal was aired and modified during the public review process . In September, 1990, OSSHAD was created concurrently with a major rewriting of the City' s Land Development Regulations (LDRs) . Individuals interested in reviewing the items of concern are invited to read a special report which addresses each of the aired concerns. Try Again: Early in April, 1991, dissatisfaction with two development proposals led to special work sessions among the City Commission, the Historic Preservation Board, and others. As a result of those meetings, direction was given to revisit the regulations contained within the OSSHAD regulations . In October, 1991, a special committee was put together by the Planning Department to work on this task. The Historic District Zoning Committee met four time. In March, 1992, a proposed amendment was pulled from formal processing and recirculated to interested parties for further review and comment. In July, the special committee, representatives from the OSS Homeowners Association, and the Historic Preservation Board met directly with the Planning and Zoning Board and provided specific direction as to how to address various issues which had been raised. A dialogue on the issues and technical aspects which were aired during this six month period can be obtained from the project file. The materials presented to the Planning and Zoning Board on January 11, 1993, include direction from that July 27, 1992, work session and accommodate some intervening events and directions. T:OPQ 2 Section 4.4.9 Section 4 .4.9 General Commercial (GC) District: (A) Purpose and Intent: The General Commercial (GC) * District provides basic regulations for small parcels which are best suited for general retail and office uses but which are not of sufficient size to be designed in a planned sense. The GC designation is applied to small parcels, most of which are developed, where adherence to standard regulations is most appropriate. The GC designation is to be applied primarily along arterial and collector streets. Uses may be conducted singularly or in combination within the same structure. (B) Principal Uses and Structures Permitted: The following types of use are allowed within the GC District as a permitted uses : ( 1) General retail uses including, but not limited to: * Antiques, arts and crafts, a , baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectionaries, cosmetics, -its, draperies and slipcovers, medicines and prescriptions, , fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, l , leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods , toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (2) Business and Professional uses including, but not limited to: * Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, professional offices, ( 3) Contractor's Offices, including but not limited to: r-- * Air conditioning, general contractor, electrical, painting, and plumbing; however, any outside storage of materials is prohibited. 4419 Section 4 .4 . 13 L Section 4 .4 . 13 Central Business (CBD) District: (A) Purpose and Intent: The Central Business District (CBD) Zone District is established in order to preserve and protect the cultural and historic aspects of downtown Delray Beach and simultaneously provide for the stimulation and enhancement of the vitality and economic growth of this special area. Establishment of the CBD District is consistent with and implements, in part, Objective C-4 of the Land Use Element of the Comprehensive Plan. The CBD District is generally applied to territory depicted in the Central Business District designation on the Future Land Use Map. (B) Principal Uses and Structures Permitted: The following types of use are allowed within the CBD District as a permitted use: ( 1) All uses allowed as such within the GC District [Section 4 .4 . 9 (B) ( 1)&(2) ] . (2) Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work. (T (3) Services and Facilities including, but not limited to: * Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, laundromats limited to self-service facilities, pet grooming, restaurants excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo, and small item repair. * Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, museums, libraries, newsstands, commercial or public parking lots and parking garages . (4) Dwelling units within the same structure as commercial uses provided that residential and nonresidential uses � . are physically separated, and have separate accessways and that (1 there are no residential units on the ground floor. (5) Hotels, Motels, and Bed and Breakfast Inns . 4435 AGENDA ITEM 5 HISTORIC PRESERVATION BOARD MEETING JANUARY 20, 1993 Discussion and comments regarding the draft of the administrative rule prepared by the State's Division of Historical Resources for the historic preservation property tax exemption program. The Division of Historical Resources is requesting comments by February 1, 1993. Please review the draft. If you have specific comments or questions please put them in writing so I can more accurately include them in our response. 1,- t _. nr ate++ FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State ,•- r..-,.,7"-'l r,.., i, DIVISION OF HISTORICAL RESOURCES R.A.Gray Building I i v 500 South Bronough J r,! Zn Tallahassee, Florida 32399-0250 Director's Office Telecopier Number(FAX) • January 8, 1992 (904)488-1480 (904)488-3353 PI ANF-lINy & ZONING Dear Friend of Preservation: We recently completed the enclosed draft administrative rule for the historic preservation property tax exemption program created by the Florida Legislature. This rule: a. establishes procedures for property owner application for the exemption and provides the application form to be used; b. provides criteria for evaluation of property eligibility, evaluation of the improvements for which the exemption is requested, and certification of Local Historic Preservation Offices; and c. ' provides the covenant which property owners will be required to enter into with the local government granting an exemption. Your comments regarding this draft are important to ensuring that the exemption program is administered fairly and effectively. Please review the enclosed material carefully and provide your comments to me or to David Ferro of my - staff by February 1 , 1993. Thank you for your interest in this important new preservation incentive program. Sincerely, fi --(J(46641 Suz ne P. Walker, Chief Bur au of Historic Preservation SPW/Fdf Archaeological Research Florida Folklife Programs Historic Preservation Museum of Florida History (904)487-2299 (904)397-2192 (904)487-2333 (904)488-1484 • RECEIVED NOTICE OF PROPOSED RULE 92 DEC 29 PH 3: 13 DEPARTMENT OF STATE DEPARTMENT OF STATE Division of Historical Resources TA' !A �ASSFE, FLORIDA RULE CHAPTER TITLE: RULE NO. Tax Exemptions for Historic Properties 1A-38 RULE TITLES: RULE NOS. Purpose 1A-38.001 Definitions 1A-38.002 Application for Exemption 1A-38.003 Evaluation of Property 1A-38.004 Evaluation of Improvements 1A-38.005 Covenant 1A-38.006 Certification of Local Historic Preservation Office 1A-38.007 PURPOSE AND EFFECT: The purpose of these rules is to implement Sections 196.1997 and 196.1998, Florida Statutes. The effect will be that the Division of Historical Resources and local historic preservation offices will have rules to follow in implementing and otherwise granting ad valorem tax exemptions for historic properties. Additionally, the rules set out the criteria which subject properties must conform to qualify for the tax exemption. SUMMARY: The proposed rules are intended to implement Sections 196 . 1997 and 196.1998, Florida Statutes, which were passed by the 1992 Legislature and approved by the electors at the general election in November 1992 by amending Article VII of the State Constitution. SPECIFIC RULE MAKING AUTHORITY: 120.53, 196.1997(6) , (13) and 196.1998(3) F.S. LAW IMPLEMENTED: 196.1997, 196.1998 F.S. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW: TIME AND DATE: 10:00 A.M. , February 8, 1993. PLACE: Room 307, R.A. Gray Building, 500 So. Bronough St. , Tallahassee, Fla. THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: David Ferro, Division of Historical Resources, 500 South Bronough St. , R. A. Gray Building, Tallahassee, Florida 32399-0250 NAME OF PERSON ORIGINATING PROPOSED RULE IS: David Ferro, Division of Historical Resources. NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: George W. Percy, Director, Division of Historical Resources. DATE PROPOSED RULE APPROVED: December 28, 1992. THE FULL TEXT OF THE PROPOSED RULE IS: STATE OF FLORIDA DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCES RULE 1A-38, FLORIDA ADMINISTRATIVE CODE TAX EXEMPTION FOR HISTORIC PROPERTIES STATEMENT OF JUSTIFICATION The 1992 Legislature passed Sections 196.1997 and 196.1998, Florida Statutes, which whose enactment were contingent upon the electors amending Article VII of the State Constitution at the general election in November 1992. The electors passed the amendment and the foregoing sections of the statutes required that administrative rules must be promulgated. SUMMARY OF RULE AMENDMENTS The proposed rules provide guidelines which the Division of Historical Resources or the local historic preservation office will follow in determining whether a proposed historical property may qualify for exemption from ad valorem taxes. FEDERAL COMPARISON STATEMENT A federal rule on the identical subject does not exist but the proposed rule incorporated "Bulletin" No. 24 of the National Register, U.S. Department of the Interior, National Park Service, Interagency Resources Division "and it incorporate "Guidelines for Rehabilitating Historic Buildings" of the Secretary of the Interior's "Standards for Rehabilitation." RULES OF THE DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCES RULE 1A-38, FLORIDA ADMINISTRATIVE CODE TAX EXEMPTION FOR HISTORIC PROPERTIES RULE CHAPTER TITLE: RULE NO. Tax Exemptions for Historic Properties 1A-38 RULE TITLES: RULE NOS. Purpose 1A-38.001 Definitions 1A-38.002 Application for Exemption 1A-38.003 Evaluation of Property 1A-38.004 Evaluation of Improvements 1A-38.005 Covenant 1A-38.006 Certification of Local Historic Preservation Office 1A-38.007 RULES OF THE DEPARTMENT OF STATE DIVISION OF HISTORICAL RESOURCES CHAPTER 1A-38 , FLORIDA ADMINISTRATIVE CODE TAX EXEMPTIONS FOR HISTORIC PROPERTIES 1A-38 .001 Purpose. The purpose of this rule is to implement Sections 196.1997 and 196.1998, F. S. , which provide a local option property tax exemption for improvements to historic properties. Specific Authority 120.53 , 196.1997(6) , (13) , 196.1998(3) FS. Law Implemented 196.1997, 196.1998, FS. History--New 1A-38 .002 Definitions. The following words and phrases, when used in these rules, shall have the following meanings, except where the context clearly indicates a different meaning: (1) "Contributing property" means a building, site, structure, or object which adds to the historical architectural qualities, historic associations, or archaeological values for which a district is significant because a) it was present during the period of significance, and possesses historic integrity reflecting its character at that time, b) is capable of yielding important information about the period, or c) it independently meets the National Register of Historic Places criteria for evaluation set forth in 36 CFR Part 60.4, incorporated herein by reference. (2) "Division" means the Division of Historical Resources of the Department of State. (3) "Local Government" means the Board of County Commissioners or the governing authority of the municipality that has adopted an ordinance providing for property tax exemption for improvements to historic properties pursuant to Sections 196. 1997 or 196. 1998, F. S. (4) "Local Historic Preservation Office" means a local government agency certified by the Division as qualified to review applications for property tax exemption. - (5) "National Register of Historic Places" means the list of historic properties significant in American history, architecture, archeology, engineering and culture, maintained by the Secretary of the Interior, as established by the National Historic Preservation Act of 1966, as amended. (6) "Noncontributing property" means a building, site, structure, or object which does not add to the historic architectural qualities, historic associations, or archaeological values for which a district is significant because a) it was not present during the period of significance, b) due to alterations, disturbances, additions, or other changes,_ it no longer possess historic integrity reflecting its character at that time or is incapable of yielding important information about the period, or c) it does not independently meet the National Register of Historic Places criteria for evaluation. Specific Authority 120. 53, 196. 1997, 196. 1998 FS. Law Implemented 196. 1997, 196. 1998 FS. History--New 1A-38 . 003 Application for Exemption. (1) Applications for the property tax exemption shall be made on the Historic Preservation Property Tax Exemption ' Application, DOS Form No. HR3E101292, incorporated herein by reference. A Preliminary Application shall be submitted before improvements are initiated to obtain preliminary approval of proposed work. A Final Application shall be filed upon substantial completion of the improvements. (2) Completed applications and all required supporting material shall be submitted by the property owner to the Local Historic Preservation Office or the Division, whichever is applicable under the local ordinance. (3) Within 30 days of receipt of the completed application and supporting materials, the Local Historic Preservation Office or Division shall conduct a review to determine (a) whether or not the property for which an exemption is requested satisfies Section 196. 1997 (11) (a) , F. S. , (b) whether or not the improvement is consistent with the United States Secretary of Interior' s Standards for Rehabilitation, incorporated herein by reference, and (c) whether or not the improvement meets the criteria in rule 1A-38, F. A. C. (4) The Local Historic Preservation Office or Division shall recommend that the local government grant or deny the exemption. The recommendation, and the reasons therefor, must be provided in writing to the applicant and to the local government. Such notice must advise the applicant of his right to a fair hearing pursuant to Section 120.57, F. S. Specific Authority 196. 1997 (6) FS. Law Implemented 196. 1997, 196.1998 FS. History--New 1A-38 . 004 Evaluation of Property. (1) For properties located in a historic district listed in the National Register of Historic Places, the Local Historic Preservation Office or the Division shall apply the definitions of contributing and noncontributing -properties as set forth in rule 1A-38 . 002 (1) and 1A-38. 002 (6) , respectively, to determine whether or not the property is a contributing property. (2) For properties located in a historic district designated by local ordinance, the Local Historic Preservation Office or the Division shall apply the criteria set forth in the local ordinance to determine whether or not the property is a contributing property. If the local ordinance does not include criteria to determine whether or not the property is a contributing property in a designated historic district, the Local Historic Preservation Office or the Division shall apply the definitions of contributing and noncontributing properties as set forth in rule 1A-38 . 004 (1) . (3) For purposes of the exemption under Section 196.1998, F. S. , a property is being used for government or nonprofit purposes if the sole occupant of at least 65 percent of the useable space is an agency of the federal, state or local government or a nonprofit organization certified by the Department of State under Section 617. 013, F. S. (4) For purposes of the exemption under Section 196.1998, F. S. , a property is considered regularly and frequently open to the public if public access to the property is provided not less than 12 days a year on an equitably spaced basis, and at other times by appointment. Nothing in this rule shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. Specific Authority 120.53, 196.1997(13) , 196.1998(3) FS. Law Implemented 196.1997, 196.1998 FS. History--New 1A-38.005 Evaluation of Improvements. The Local Historic Preservation Office or the Division shall apply the recommended approaches to rehabilitation as set forth in the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, revised 1990, incorporated herein by reference, in evaluating the eligibility of improvements to the historic property. Specific Authority 120.53, 196.1997(8) F.S. Law Implemented 196.1997 F.S. History New 1A-38.006 Covenant. (1) The Historic Preservation Property Tax Exemption Covenant, DOS Form No. HR3E111292, which the property owner must enter into with the local government granting an exemption pursuant to Sections 196.1997 or 196.1998, F.S. , is incorporated herein by reference. Specific Authority 120.53, 196.1997(7) FS. Law Implemented 196.1997, 196.1998 FS. History--New 1A-38.007 Certification of Local Historic Preservation Office. (1) Criteria for certification shall be as set forth in the Florida Certified Local Government Guidelines promulgated by the Division and incorporated herein by reference. (2) Certified Local Governments shall automatically be Local Historic Preservation Offices for the purposes set forth in Sections 168.1997 and 168.1998, F. S. (3) Other local governments requesting certification of the Local Historic Preservation Office shall apply on the Application for Certification, Florida Certified Local Governments Program, which is Appendix C to the Florida Certified Local Government Guidelines. (4) Within 60 days of receipt of a complete application and all required supporting material, the Division shall render a determination regarding the application, either approving or denying certification. For denials, the Division shall provide the applicant with a written explanation, clearly indicating the reasons for denial. (5) If certification is approved, the Local Historic Preservation Office shall enter into an agreement with the Division to maintain a program which meets the minimum requirements set forth in the Florida Certified Local Government Guidelines. The local government shall continue to be certified so long as the terms of the referenced Agreement are met. Specific Authority 120.53, 196.1997(6) FS. Law Implemented 196.1997, 196.1998 FS. History--New 1 tSHE ,,, er,:l NATIONAL REGISTER OF HISTORIC PLACES 6 U R E A U • O i �.'." HISTORIC _ - • CRITERIA FOR LISTING PRESERVATION _. co„ ,. wiss FLORIDA DEPARTMENT OF STATE - JIM SMITH - SECRETARY OF STATE The National Register of Historic Places is an official listing of sites and properties throughout the country that reflect the prehistoric occupation and historical development of our nation, states, and local communities. It is maintained by the Keeper of the National Register, National Park Service, U.S. Department of the Interior. The following criteria are used by the State Historic Preservation Officer and the Keeper of the National Register in evaluating properties for eligibility for listing in the National Register. Criteria for evaluation: 1) The quality of significance in American history,architecture,archaeology,engineering,and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: a) that are associated with events that have made a significant contribution to the broad patterns of our history; or b) that are associated with the lives of persons significant in our past; or c) that embody the distinctive characteristics of a type, period, or method of contruction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or d) that have yielded, or may be likely to yield, information important in prehistory or history. Criteria considerations: 2) Ordinarily cemeteries, birthplaces, or graves of historical figures,properties owned by religious institutions used for religious purposes, structures that have been moved from their original locations,reconstructed historic uildings,properties primarily commemorative in nature, and properties that have achived significance within the past 50 years shall not be considered eligible for the National Register. However, such properties will quality if they are integral parts of districts that do meet the criteria or if they fall within the following categories: a) a religious property deriving primary significance from architectural or artistic distinction or historical importance; or b) a building or structure removed from its original location but which is significant primarily for. architectural value,or which is the surviving structure most importantly associated with a historic person or event; or c) a birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building directly associated with his productive life; or d) a cemetery which derives its primary significance from graves of persons of transcendent impor- tance, from age, from distinctive design features, or from association with historic events; or e) a reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and no other building or structure with the same association has survived; or f) a property primarily commemorative in intent if design, age, tradition, or symbolic.value has in- vested it with its own exceptional significance; or g) a property achieving significance within the past 50 years if it is of exceptional importance. For further information on the National Register criteria for listing, please contact us at the address or phone number below. M BUREAU OF HISTORIC PRESERVATION - R.A. GRAY BUILDING 500 SOUTH BRONOUGH STREET - TALLAHASSEE,FLORIDA 32399-0250 HR3E020389 TELEPHONE(904)487-2333 • DOS Form No. HR3E101292 HISTORIC PRESERVATION PROPERTY TAX EXEMPTION APPLICATION Instructions This application is to be completed in accordance with rule IA-38, F. A. C., and the instructions given below. Read these instructions carefully before filling out the attached application. Type or print clearly in black ink In cases where complete and adequate documentation is not provided, review and evaluation cannot be completed, resulting in a recommendation that the tar exemption be denied Copies of the rule referenced above, or additional copies of this application may be obtained from the Division of Historical Resources, Florida Department of State, of the Local Historic Preservation Office in those jurisdictions where such an office has been certified by the Division of Historical Resources. The applicant shall submit a Preliminary Application describing proposed work and receive preliminary approval prior to the start of construction. The Final Application shall be submitted upon substantial completion of the improvements; and must clearly describe the completed work Owners who undertake improvements without preliminary approval do so at their own risk. Under the procedures outlined in rule 1A-38, F. A. C., Preliminary and Final Application submissions will be reviewed within 30 days of receipt of a completed, adequately documented application. Questions concerning the review status of specific applications should be addressed to the Division or the Local Historic Preservation Office as applicable. Notification as to approval or denial of the tax exemption will be made by the local government. The Division or the Local Historic Preservation Office will notify the applicant and the local government of its recommendations regarding the application. These recommendations will be: (a) Approval of the request for exemption; (b) Conditional approval of the request, subject to specific changes in the proposed project to bring it into compliance with the Secretary of the Interior's Standards for Rehabilitation; or (c) Denial of the request for exemption. Address correspondence to the Division at: Bureau of Historic Preservation 500 South Bronough Street RA.Gray Building Tallahassee,Florida 32399-0250 Telephone: (904)487-2333 FAX: (904)922-0496 Address correspondence to the Local Historic Preservation Office at: Use blank sheets of paper as needed to provide information for which additional space is needed. On each sheet include the Property Identification Number and the Property Address. To amend an application that has already been submitted,submit a completed Amendment Sheet. 1 EVALUATION OF PROPERTY Owners of buildings individually listed in the National Register or designated as a historic property under a local ordinance need not complete the section of the application entitled Evaluation of Property. For properties designated as historic under a local ordinance, the owner must include a copy of the local ordinance making such designation with the application. For properties within a historic district designated under a local ordinance, the owner shall provide a copy of the local ordinance making such designation and the corresponding designation report. Owners of properties containing more than one building must submit a single application that describes all the buildings within the listing or designation. Owners must report to the Division or the Local Historic Preservation Office, as applicable, any substantial damage, alteration or change to a property that occurs after the Division or the Local Historic Preservation Office makes a recommendation to the local government to issue the tax exemption. The attached Amendment Sheet shall be used for this purpose. Application Review. The documentation in the Evaluation of Properties for buildings within districts must be sufficient to: (1) make a judgement about how the building relates to the district as a whole,and(2) determine what particular features of the building comprise its historic character. In compiling this information it is helpful to consult the National Register nomination for the district or the local designation documentation. It should not be necessary in most cases for the applicant to do detailed research to describe the building and to provide a statement of significance. Completing the Evaluation of Property Description of physical appearance. Provide information about the major features of the building on both the exterior and the interior. Describe the building in its present condition(before improvement), not as it was when first built or as it will be after improvement. Note the architectural style, exterior construction materials (wood, brick, etc.), type of roof (flat, gable, hipped, etc.), number of stories, basic plan (rectangular, irregular, L- shaped, etc.), and distinguishing architectural features (placement and type of windows, chimneys, porches, decorative interior features or spaces). Fully describe any changes that have been made to the building since its original construction--for example, additions, porch enclosures, new storefronts, relocation of doors and windows, and alterations to the interior. Other buildings on the property such as carriage houses, barns, and sheds should also be fully described. Finally, discuss the way in which the building relates to others in the district in terms of siting, scale,material,construction, and date. Provide date of construction, if available, or indicate the approximate date. State the approximate dates of alterations, and check whether or not the building has been moved. Example Building within a registered historic district: This three-story, flat-roofed, unpainted brick building, rectangular in shape,was constructed in 1850. It features regularly-spaced arched windows on the second and third floors (6 openings on the east elevation have been filled in over the years,exact date unknown), 2-over-2 double-hung sash, and a prominent bracket cornice. The first floor of the facade has been altered: the existing storefront dates from ca. 1950. On the interior, the first floor is divided into two principal spaces—a large commercial space in front and a smaller office behind. The front room was modernized in the 1950's and contains no surviving historic fabric except for a simple wooden staircase running along the party wall. A pressed metal ceiling is the most prominent feature in the rear office; baseboards,panelled doors,and window and door surrounds also survive in this room. The upper floors have two rooms each, identical in configuration to the first, floor, these rooms retain their original appearance,although they contain no architectural detailing of any kind(see photographs). 2 Statement of significance. Summarize how the building contributes to the significance of the district. This summary should relate to the significance of the district (including the district's period of significance) as identified in the National Register nomination or district designation documentation. Is it similar to other buildings in the district in scale, building materials, style, and period of construction? Note important persons from the past associated with the building,former uses of the property,and the name of the architect or builder, if known. Example Building within a National Register historic district The district is an intact grouping of architecturally significant commercial and industrial buildings constructed between 1850 and 1915 that display a variety of styles and types of architectural ornamentation popular during this era. The district is also significant as an early manufacturing and distribution center which led to the city's growth as one of the largest cities in the state. Industrial growth in the late 19th and early 20th centuries required the construction of larger buildings and several still exist within the boundaries of the district(see photographs).This modest three- story building is typical in appearance and history to the majority of the buildings in the district. It was originally built for manufacturing buttons, but was converted into a store with offices above during the 1880's when wholesaling grew as an important new activity in the district. The building is similar to its neighbors in size,scale,materials,and style. Photographs and maps. Provide good, clear photographs of the building and its surroundings as they appeared before improvement. Good photographic coverage is a very important part of the application. Photographs supplement, and to some extent may substitute for, some of the descriptive material in the Description of Physical Appearance. They should show all elevations of the building,views of the building in its setting on the street, and representative interior spaces and features. Photographs should be numbered, dated and labeled with the property name, the view (e.g., east side), and a brief description of what is shown. Photographs should be keyed to the application narrative and sketch map, where appropriate. Provide a map of the historic district, clearly identifying the lot on which the building is located;this is necessary to verify the building's eligibility for the property tax exemption. If the exemption is being sought for one of a group of buildings that are listed together in the National Register or locally designated together, a site plan of the group indicating which of the buildings in under consideration is necessary. Special Considerations. Applicants should read carefully the following information about certain special considerations that may apply to their particular case. If a building is in one or more of the categories described below,additional information will be necessary. If this information is provided at the outset,the review process should not be delayed. Moved Buildings. An applicant must provide additional information to support application for a building that has been moved or is a candidate for moving. Such documentation must discuss: (1) the effect of the move on the building's appearance(any proposed demolition,proposed changes in foundations,etc.);(2) the new setting and general environment of the proposed site; (3) the effect of the move on the distinctive historic and visual character of the district; (4) the method to be used for moving the building. Such documentation must also include photographs showing the previous and proposed environments, including site, adjacent buildings, and streetscapes. Multiple Buildings. Properties containing more than one building where the buildings are functionally related historically to serve an overall purpose, such as a residence and carriage house, will be treated as a single historic property. Generally, a single application form may be used to request the property tax exemption for these buildings. Documentation,however,must be submitted for every building to be considered for the 3 exemption. For instance, if a house and carriage house are both to be improved, a single application may be used but a description and a statement of significance and full photographic coverage of each building must be provided. The owner should state explicitly the buildings for which evaluation is requested. A sketch map or site plan should be provided to show the current relationship of the buildings. A single application may also be made to request the exemption in cases where a property is composed of buildings that were functionally related historically to serve an overall purpose (such as an industrial plant). In these cases,the complex will be treated as a single application and proposals for demolition of components will be considered in the review of improvements. If buildings are under separate ownership,however,a separate application must be filled out by each owner. DESCRIPTION OF IMPROVEMENTS The Description of Improvements must be completed by all owners of historic properties seeking to have improvements approved as being consistent with the historic character of the structure and, where applicable, the district in which the structure is located, and thus qualifying for the historic preservation property tax exemption provided by an ordinance passed by county or municipal government. The Description of Improvements may be used to describe proposed or completed improvements. Application Review. All projects are reviewed and evaluated in accordance with the Secretary of the Interior's "Standards for Rehabilitation" (see below). These ten Standards are broadly worded to guide the improvement of all historic structures such as industrial complexes, warehouses, schools, commercial structures, and residences. The underlying concern expressed in the Standards is the preservation of significant historic materials and features of a building in the process of rehabilitation. The Standards apply with equal force to both interior and exterior work, and the Division or Local Historic Preservation Office, as applicable, will review the entire improvement project (including any attached, adjacent or related new construction) rather than just a single segment of work. Evaluation is based on whether the overall project meets the Standards. Proposed work that does not appear to be consistent with the Standards will be identified, and advice will be given to assist property owners, architects, or builders in bringing the project into conformance with the Standards. Completing the Description of Improvements Data on building and improvement project. Indicate the type of construction of the existing building (e.g., masonry bearing wall,wood frame, steel frame,concrete). Give the use(s) of the building before improvement (e.g., school/vacant); and the proposed use after. Provide the estimated or actual project starting date,and the estimated or actual project completion date. Detailed description of improvement work. In the numbered blocks, provide a description of project work. Describe the entire project. Begin by describing site work, followed by work on the exterior, including new construction, and finally work on the interior. A separate block should be used to describe each work item and its effect on architectural features or spaces(see examples below). In the left block, identify the architectural feature requiring work and indicate whether the feature described is original to the building, was added at a later date, or is new construction. Give the approximate date of the feature. In the appropriate space describe the physical condition of the feature. Indicate the photograph or drawing that shows the feature described. In the right block, explain in detail the rehabilitation work to be undertaken. Describe the effect (visual, structural, or other) on existing features. List drawings,marked or photographs, or specification page numbers that show the improvement work and its impact on the existing building. Photographs. The applicant must submit a sufficient number of good, clear photographs with the application to document both interior and exterior conditions,including site and environment, prior to any work, and to 4 show the areas of proposed or completed work. Photographs of`before conditions must be submitted even if the improvements are completed; such documentation is necessary for evaluation of the effect of the improvements on the historic structure. Where such documentation is not provided, review and evaluation cannot be completed, resulting in a recommendation for denial of the request for exemption. Elevations and interior features and spaces of the buildings should be shown. Photographs should be numbered, dated and labeled with the property name, the view (e.g., east side) and a brief description of what is shown; photographs should be keyed to the application narrative, where appropriate. In many cases, it may be helpful to mark directly on the photographs the areas of proposed or completed work. Photographs may be black and white or color,but must show architectural features clearly. Photographs are not returnable. Drawings or sketches. Drawings or sketches are required for proposed work to show planned alterations or new construction. They must be sufficiently detailed to show existing wall configurations and anticipated changes. Documentation should include floor plans and,where necessary,sections and elevations. All drawings and sketches submitted with the application should be numbered and should be keyed to the application narrative. • Examples Feature 1 Architectural feature facade brick Describe work and impact on existing feature: Approx.date of feature ca.1880 Will selectively hand dean deteriorated joints Describe existing feature and its condition: and repoint with mortar and joint width to match existing(see spec.pp.33-35);chemically Hard pressed red brick with butter joints in good clean graffiti from first floor piers (see spec. condition. Mortar mostly sound,but deteriorated pp.30-31). and missing around downspout at east end of facade. Some graffiti at first floor. • Photo no.3 Drawing no. Feature 2 Architectural feature main staircase Describe work and impact on existing feature: Approx.date of feature ca.1880/unknown Replace missing balusters with matching Describe existing feature and its condition: pieces. Sand painted banisters and balusters and varnish. Replace treads as needed. Sand Original stair exists between 1st and 3rd floors. and paint stairs. Retain later stair as needed. Some balusters missing and treads worn. Later stair from 3rd to 8th floors. Photo no. 9,10 Drawing no. A-12 PROJECT AMENDMENTS If changes are made to a project at any time after submission of the application, an Amendment Sheet must be submitted for review. Provide the address of the property. Indicate changes in project work, giving the originally proposed treatment and the amended work item description. Give the owner's name. Sign and date the form. Give the owner's address and daytime telephone number. Return it to the Division or the Local 5 Historic Preservation Office as specified under the local ordinance. Approval of amendments to applications is conveyed only in writing by the Division or the Local Historic Preservation Office. SPECIAL REHABILITATION CONCERNS Several areas of special concern have been identified in reviewing and evaluatbng preservation projects. The "Guidelines for Rehabilitating Historic Buildings' accompanying the Secretary of the Interior's "Standards for Rehabilitation" provide further guidance on these and other areas of concern. Owners should take care to address these concerns when undertaking work in any of the areas described below. Storefront alterations. Justify changes to storefronts and-provide photographs of the areas to be altered. Information should be provided on when the existing storefront was constructed; on what the existing physical conditions are; and if a historical treatment is planned, on what evidence the proposed new storefront designs are based. Owners are strongly discouraged from introducing a storefront or new design element on the ground floor that alters the character of the structure and its relationship with the street or that causes destruction of significant historic material. New heating, ventilating,and air-conditioning (HVAC) systems. Indicate what effect the new equipment and ductwork will have on the historic building material. If the HVAC system requires removal of windows or portions of walls, describe alternative systems considered in the design process and why the proposed system was chosen. Installation of systems that cause damage to the historic building material or cause visual loss of character may result in a recommendation for denial of exemption. New Windows. Indicate the condition of existing windows (sash, glazing, muntins, etc.) and the reasons for replacement. Photographs and a window survey must be provided as evidence of severe deterioration;provide data on the cost of repairing existing windows versus installing replacements. Owners are strongly encouraged to retain and repair historic windows. The use of tinted glass often causes a change in character and may result in a recommendation for denial of the exemption. Where replacement of existing windows appears justified by supporting documentation and where the windows are an integral part of the buildings design and character, replacement sash should match the original material, size, pane, configuration, color, trim details, and planar and reflective qualities: Scaled drawings comparing the existing windows with the replacement windows should be provided. Interior partitions and removing interior plaster. Indicate existing condition of the interior and document with photographs. Show which walls are to be-removed-or altered. Note whether-trim elements and plaster will be affected. Owners are strongly discouraged from changing floor plans unnecessarily and from exposing masonry surfaces unless this condition is supported by historical evidence. Exterior masonry cleaning. Owners are strongly encouraged to clean masonry only when necessary to halt deterioration or to remove graffiti and stains. Indicate the condition of each material to be cleaned. Specify what the cleaning is intended to accomplish(soot removal, paint removal, etc.) and what the process is to be used on each masonry element. Provide supporting material to show that the method selected is the gentlest means possible for this project. Summarize results of test patches,and include close-up color photographs of masonry surface before and after cleaning as evidence. Exterior masonry repair. Indicate deteriorated areas that require repair and provide evidence that repointing mortar will match the original in composition(i.e.,ratio of lime,cement,sand and any additives), color,texture, and tooling. Owners are encouraged to repoint only those portions of the masonry that require repair. New additions and new construction. New exterior additions may alter the appearance and form of historic structures, and may cause recommendation for denial of the exemption. Similarly, new construction, including site work, may affect the relationship of a structure to its site, change the historic landscape, or otherwise damage the historic character of the property. 6 THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION 'Rehabilitation"as used herein is defined as "the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural and cultural values." These Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility. Standard 1: A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. Standard 2: The historic character of a building shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. Standard 3: Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings shall not be undertaken. Standard 4: Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. Standard 5: Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be retained and preserved. Standard 6: Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature,the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features, shall be substantiated by documentary,physical,or pictorial evidence. Standard 7: Chemical or physical treatments, such as sandblasting, that cause damage to historical materials shall not be used. The surface cleaning of a structure, if appropriate, shall be undertaken using the gentlest means possible. Standard 8: Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed,mitigation measures shall be undertaken. Standard 9: New additions,exterior alterations,or related new construction shall not destroy historic materials that characterize a 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. Standard 10: 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 unimpaired. As stated in the definition,the treatment"rehabilitation" assumes that at least some repair or alteration of the historic building will be needed in order to provide for an efficient contemporary use; however, these repairs and alteration must not damage or destroy materials, features or finishes that are important in defining the building's historic character. For example, certain treatments--if improperly applied--may cause or accelerate physical deterioration of historic building. This can include using improper repointing or exterior masonry cleaning techniques,or introducing insulation that damages historic fabric. In almost all of these situations,use of these materials and treatments will result in a project that does not meet the Standards. Similarly, exterior additions that duplicate the form,material, and detailing of the structure to the extent that they compromise the historic character of the structure will fail to meet the Standards. 7 Application Type (Check One): DOS Form No.HR3E101292 ( ) Preliminary Application(Proposed Improvements) ( ) Final Application(Completed Improvements) HISTORIC PRESERVATION PROPERTY TAX EXEMPTION APPLICATION Instructions: Read the instructions carefully before completing application. No certification will be made unless a completed application form has been received. Type or print clearly in black ink. If additional space is needed,attach additional sheets. 1. Property identification and location: Property Identification Number Attach legal description of property. Address of property: Street City County Zip Code Name of historic district: ( )National Register district ( )locally designated district 2. Type of request: ( ) Exemption under 196.1997,F.S. (standard exemption) ( ) Exemption under 196.1998,F.S.(exemption for properties occupied by non-profit organizations or government agencies and regularly open to the public) If applying under s. 196.1994 F.S., complete Question 9 on page five. 3. Owner information: Name of individual or organization owning the property Mailing Address City State Zip Code Daytime Telephone Number( ) If the property is in multiple ownership, attach a list of all owners with their mailing addresses. Owner Attestation: I hereby attest that the information I have provided is, to the best of my knowledge, correct,and that I own the property described above or that I am legally the authority in charge of the property. Signature Typed or printed name Title of duly authorized representative if signing for organization or multiple owners Date Page Two DOS Form No.HR3E101292 � , IA • ' • . . s . Property Identification Number Property Address 4. Description of physical appearance: Date of Construction: Date(s) of Alteration(s) Has building been moved? ( )yes ( )no. If so,when? 5. Statement of significance: 6. Photographs and maps: Attach photographs and maps to application. Page Three DOS Form No.HR3E101292 • }.s.3.'-:�.- - _ :'�_ ��..Wig`Y: � ..,:':. .... .. -i-'-. .,h. ::.�,e .:-. y _'...-.�. .: _ .. ._ 1 =-. 7. DESCRIPTION OF IMPROVEMENTS: Include site work,new construction,alterations,etc. Complete the blocks below. Feature 1 Architectural feature Describe work and impact on existing feature: Approx date of feature Describe existing feature and its condition: Photo no. Drawing no. Feature 2 Architectural feature Describe work and impact on existing feature: Approx date of feature Describe existing feature and its condition: Photo no. Drawing no. Feature 3 Architectural feature Describe work and impact on existing feature: Approx date of feature Describe existing feature and its condition: Photo no. Drawing no. Feature 4 Architectural feature Describe work and impact on existing feature: Approx date of feature Describe existing feature and its condition: Photo no. Drawing no. - Page Four DOS Form No.HR3E101292 :. ,•,. ,r`3�''. .•h:-"p+ 'w:- «Sbt'+ -:.-.7.�.4,,x_.<._::,» 4: --..�., _ ..._. ;;.a _.. .. - Feature 5 Architectural feature Describe work and impact on existing feature: Approx.date of feature Describe existing feature and its condition: Photo no. Drawing no. Feature 6 Architectural feature Describe work and impact on existing feature: Approx.date of feature Describe existing feature and its condition: Photo no. Drawing no. Feature 7 Architectural feature Describe work and impact on existing feature: Approx.date of feature Describe existing feature and its condition: Photo no. Drawing no. Feature 8 Architectural feature Describe work and impact on existing feature: Approx.date of feature Describe existing feature and its condition: Photo no. Drawing no. Page Five DOS Form No.HR3E101292 8. Property Use Uses(s)before improvement: Proposed use(s) after improvement: 9. Complete only if applying for exemption under s.196.1998,F.S.(property occupied by non-profit organization or government agency and regularly open to the public) Identify the governmental agency or non-profit organization that occupies the building How often does this organization or agency use the building? What is the total useable area of the building? square feet How much area does the organization or agency use? square feet What percentage of the useable square footage does the organization or agency use? % Is the property open to the public? ( ) Yes ( )No If so,when? Are there regular hours? ( ) Yes ( )No If so,what are they? Is the property also open by appointment? ( )Yes ( )No Is the property open only by appointment? ( )Yes ( )No Local Historic Preservation Office or Division Use Only The Local Historic Preservation Office or Division has reviewed the Historic Preservation Property Tax Exemption Application for the above named property and hereby: ( ) certifies that the above referenced property qualifies as a historic property consistent with the provisions of s. 196.1997(11),F.S. ( ) determines that improvements to the above referenced property are consistent with the United States Secretary of Interior's Standards for Rehabilitation. ( ) determines that improvements to the above referenced property meet the criteria set forth in rule 1A-38,F.A.C. Comments: Recommendation to the local government is to( )issue the tax exemption or( )deny the tax exemption. Signature Typed or printed name Title Date DOS Form No.HR3E101292 AMENDMENT SHEET Property Identification Number Address of property: Street City County Zip Code Name of historic district: ( )National Register district ( )locally designated district Indicate all changes in the project work,giving the originally proposed treatment and the amended work item description(use additional blank sheets if necessary): Attach photographs and drawings as necessary to illustrate the proposed changes. Local Historic Preservation Office or Division Use Only The Local Historic Preservation Office or Division has reviewed the Amendment Sheet for the above named property and hereby: ( ) certifies that the above referenced property qualifies as a historic property consistent with the provisions of s. 196.1997(11),F.S. ( ) determines that improvements to the above referenced property are consistent with the United States Secretary of Interior's Standards for Rehabilitation. ( ) determines that improvements to the above referenced property meet the criteria set forth in rule 1A-38,F.A.C. Comments: Recommendation to the local government is to( )issue the tax exemption or( ) deny the tax exemption. Signature Typed or printed name Title Date DOS Form No. HR3E111292 HISTORIC PRESERVATION PROPERTY TAX EXEMPTION COVENANT This Covenant is made the day of , 19 , by (hereinafter referred to as the Owner) and in favor of the State acting through the Division of Historical Resources or the Local Historic Preservation Office for the purpose of the rehabilitation of a certain Property located at which is owned in fee simple by the Owner and is listed in the National Register of Historic Places or locally designated under the terms of a local preservation ordinance or is a contributing property to a National Register listed district or a contributing property to a historic district under the terms of a local preservation ordinance. The Property is comprised essentially of grounds, collateral, appurtenances, and improvements. The property is more particularly described as follows: (include city reference, consisting of repository, book, and page numbers) Page Two • In consideration of the tax exemption granted by (local government) , the Owner hereby agrees to the following for the period of the tax exemption which is years: 1. The Owner agrees to assume the cost of the continued maintenance and repair of said Property so as to preserve the architectural, historical, or archaeological integrity of the same in order to protect and enhance those qualities that made the Property eligible for listing in the National Register of Historic Places or designation under the terms of the local preservation ordinance. 2 . The Owner agrees that no visual or structural alterations will be made to the Property without prior written permission of the (Division of Historical Resources or the Local Historic Preservation Office) . 3 . The Owner agrees that the (Division of Historical Resources or the Local Historic Preservation Office) , its agents and designees shall have the right to inspect the Property at all reasonable times in order to ascertain whether or not the conditions of this Covenant are being observed. Page Three • 4 . In the event of the non-performance or violation of the maintenance provision of the Covenant by the Owner or any successor-in-interest during the term of the Covenant, the (Division of Historical Resources or the Local Historic Preservation Office) will report such violation to the Property Appraiser who shall take action pursuant to s. 196. 1997 (7) , F. S. The Owner shall be required to pay the differences between the total amount of taxes which would have been due in March in each of the previous years in which the Covenant was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in s. 212 . 12 (3) , F. S. 5. If the Property is damaged by accidental or natural causes during the Covenant period, the Owner will inform the (Division of Historical Resources or Local Historic Preservation Office) in writing of the damage to the Property, including (1) an assessment of the nature and extent of the damage; and (2) an estimate of the cost of restoration/reconstruction work necessary to return the Property to the condition existing at the time of project completion. In order to maintain the tax exemption, the Owner shall complete the restoration/reconstruction work necessary to return the Property to the condition existing at the time of Page Four project completion on a time schedule agreed upon by the Owner . and the ( Division of Historical Resources or Local Historic Preservation Office) . 6. If the Property has been destroyed or severely damaged by accidental or natural causes, that is, if the historical integrity of the features, materials, appearance, workmanship, - and environment which made the property eligible for listing in the National Register of Historic Places or designation under the terms of the local preservation ordinance have been lost or so damaged that restoration is not feasible, the Owner will notify the (Division of Historical Resources or Local Historic Preservation Office) in writing of the loss. The (Division of Historical Resources or Local Historic Preservation Office) will evaluate the findings and notify the Owner in writing of the decision to remove the Property from eligibility for tax exemption. The Property Appraiser of the county in which the Property is located shall also be notified in writing so that the tax exemption can be cancelled for the remainder of the Covenant period. In such cases, no penalty or interest shall be assessed against the Owner. 7. If it appears that the historical integrity of the features, materials, appearance, workmanship, and environment which made Page Five the Property eligible for listing in the National Register of Historic Places or designation under the terms of the local preservation ordinance have been lost or damaged deliberately or through gross negligence of the Owner, the (Division of Historical Resources or Local Historic Preservation Office) shall notify the Owner in writing. The Owner shall have 30 days to respond indicating any extenuating circumstances which show that the damage was not deliberate or due to gross negligence. If the Owner cannot show such extenuating circumstances he shall develop a plan for restoration of the Property and a schedule for completion of the restoration. In order to maintain the tax exemption, the Owner shall complete the restoration work necessary to return the Property to the condition existing at the time of project completion on a time schedule agreed upon by the Owner and the ( Division or Local Historic Preservation Office) . If the Owner does not complete the restoration work on the agreed upon time schedule, the (Division of Historical Resources or Local Historic Preservation Office) will report such violation to the Property Appraiser who shall take action pursuant to s. 196. 1997 (7) , F. S. The Owner shall be required to pay the differences between the total amount of taxes which would have been due in March in each of the previous years in which the Covenant was in effect had the property not received Page Six the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in s. 212 .12 (3) , F. S. 8. The terms of this Covenant shall be binding on the current Property owner, transferees, and their heirs, successors, or assigns. This Covenant shall be enforceable in specific performance by a court of competent jurisdiction. Signature of Owner Chief, Bureau of Historic Preservation or authorized local official (enter date of signature) (enter date of signature) I • • • FLORIDA CERTIFIED LOCAL GOVERNMENT GUIDELINES • FIARIDA DEPARL ENr OF STATE • : • • ' • JIM SMITH f SECRETARY OF STATE DIVISION OF HISTORICAL RESOURCES BUREAU OF IIIS'1DRIC PRESERVATION • • FLORIDA CERTIFIED LOCAL GOVERNMENT GUIDELINES FLORIDA CERTIFIED LOCAL GOVERNMENT GUIDELINES . ;1 INTRODU,ICTION TABi,E OF CONTENTS • Since its establishment by Congress in 1906,the limited reeponsibilitlee to those local governments Introduction Process for Decertification/Local national historic preservation program of the United that meet specific qualifications for certification,and A. Definitions Government Appeal :States has operated as a decentralized partnership 2) provide, from its annual Historic Preservation • 11. Requirements 3. Transfer of Funds 'j between the federal government and the states. Fund apportlonment,on a competitive basis.limited 1. Local Historic 4. Certified Local Government Participation ••1 Briefly, the federal government established a pro- grant•In•eld funding to assist certified local govern. Preservation Legislation in the Florida National Register of gram of identification,evaluation,and protection of;: manta In carrying out the responsibilities so 2. Historic Preservation . Historic Places Process u historic properties based on the National Register of • ;delegated.It should be emphasized that a Certified Review Commission Appendix A —Professional Qualifications •Historic Places.The program is carried out by the. Local Government may participate in this program, 3. System for Survey and Inventory Standards states,under the direction of the National Park Ser-. :whether or not it elects to apply for Historic Proser• 4. Public Participation Appendix 13 —Rules of the Department of State, vice of the Department of the Interior.Participating. ; vation Fund transfer funds. 6. Satisfactory Performance Florida Administrative Code .',states receive funding assistance In the form of an•.:;,•,• The Certified Local Government program has no of Responsibilities Historic Preservation .'null grants from the federal Historic Preservation connection with the program of certification of local C. Procedures Grants•in•Aid Fund to support their efforts.Funds are normally:' historic preservation ordinances or of the historic 1. Certification of (See Attached) used to support the staff of the State Historic Preset,''+• .districts designated under such ordinances,outlined Local Governments in Florida Appendix C —Application/Checklist. vation Office. A portion of these funds may be', in 36 CFR Part 67.9.Those are related to certain 2. Monitoring Certified Local Governmental (See Attached) •rsgrantd In the form of subgrants for survey,ac• historic preservation Incentives available under cur• j quisitlon,and development activities. rent federal tax laws.While the word"certified"in 1 The success of this working relationship has t•. the two programs may be confusing,the difference prompted Congress to extend the partnership to pro•'' between them Is basic and distinct.Properties listed vide for direct participation by qualified local govern.t In the National Register through the Certified Local A. Definitions manta. The National Historic Preservation Act, •,Government program are eligible for all additional I. Appropriate local Official: the mayor, 7. State llistorici' *lion Offlcer:the offi• I Amendments of 1980(P.L.96.615)contain the legal - protections and benefits associated with such listing; county executive,or otherwise titled admin• anal within each state who has been desig• basis for the new federal•state-local preservation properties in a district certified under 36 CFR Pert •istrative official who is the head of the local natod and appointed by the Governor to ad. partnership commonly referred to as the Certified 67.9 are not. political jurisdiction which is the Certified minister the historic preservation program Local Government program. The Amendments s. '`The purpose of these guidelines Is to set forth:I) Local Government. in the state. direct the State Historic Preservation Officer and the the requirements and responsibilities of the Certified 2. Commission:a board,council,commission, B. Requirements ,Secretary of the interior to establish procedures for Local Government program,and 2)the procedures or other similar collegial body which is The following requirements are contained in 30 the certification of local governments to participate for certification of local governments and for transfer established in accordance with Soctioo C.2. CFR Part 61,the rule which establishes rcguln- 'in this partnership.The Certified Local Government of federal grant funds to participating Certified Local of these guidelines. lions necessitated by enactment of the National program will permit the State to:1)delegate certain 'Governments. 3. Florida Conference of Preservation Boards Historic Preservation Act Amendments of 1980. • and Commissions: a coalition o! Florida Public Law 96.616,on December 12,1980.Local historic preservation boards and commis. governments desiring to become Certified Local • lions. Formed under the auspices of the Governments must meet all of the following • Florida Trust for Historic Prerervation,its requirements: primary functions are to educate preserve- 1. Enforce appropriate state or local legisln• • lion commission members and to enable Lion for designation and protection of I commissions to share ideas. historic properties. In the absence of state I . • 4. Florida Master Site File:the list or catalog legislation,this requirement may be met by 1 • of all recorded historical and archaeological the enactment of local legislation containing • sites and properties in Florida.It is main- the following provisions: i tamed by the Division of Archives,lilstory a. The purpose of the legislation shall be I and Records Management.b. Historic Preservation Fund:the monies ac- clearly stated and shall include sutliori•ty for appointment of a Commission to cruod under the Outer Continental Shelf be responsible for the designation and • • Lands Act,as amended,to support the pro• protection of historic properties. . gram of matching grants•in•aidto the states b. The legislation must clearly define for historic preservation programs and pro.). criteria,and a process the same as or ecta,as authorized by Section 101(d)(1)of substantially the same as that identi• the National Historic Preservation Act,as tied in the Notional Historic Presrrt•o- amended. Lion Act of 1966,U.S.C.470 et.seq..us • 6. National Register of Historic Places:the na• amended•for the designation of historic • tional list of districts,sites,buildings,struc• properties. turns,and objects significant In American The law shall state that boundaries for history, architecture, archaool'gy, angi•• any historic districts orindividuelprop. 'leering, and culture, maintained by the tulles Identified in or by the meant. Secretary of the Interior under authority of mains contained in the legislation must • Section 101(a)(1)(A)of the National Historic be clearly established. • Preservation Act,as amended. • c. The legislation shall provide for the 1 • 2 • r ' authority for and theeetabllshmentof a lion, Cultural Geography or Cultural I J. The Commission shall review alien. b. A detailed Inventory of the designated process for the review and rendering of Anthropology (see Appendix A., Pro- Lions,relocations;demolitions and new districts,sites,and/or structures within • decision upon all proposed ■ltera' fessional Qualifications Standards). construction of properties within Its • the jurisdiction of local government Lions,relocations,demolitions,or new Professional Qualifications Standards I Jurisdiction. ''' r"'•'^1o"'r must be maintained. construction within the boundaries of in Appendix A are no more stringent k. The Commission shall review proposed c. All inventory material shall be: historic districts established under the than the standards for membership on l National Register nominations within (1) Compatible with the Florida . ordinance or which directly affect the National Register Review Board. Its jurisdiction.'When'a Commission Master Site File,which exemplifies historic properties designated under Lay persona who have demonotrated I considers•National Register uomina . the format used for statewide corn• the legislation.This authority shall In- special interest, experience, or I don proposal and other actions that will • prehensive historic preservation dude provisions for delay of demolition knowledge in history, architecture,or I impact properties which art'normally planning. but not for the indefinite stay of • related disciplines shall make up the I evaluated by a professional in a specific (2) Kept current and regularly pro demolition. ' balance of Commission membership as ! discipline, and that discipline I. not, sided to the State Historic Prem.. ,1 The criteria for the review of proposals provided for in Section 13.2.e. In the represented on the Commission, the vation Officer for Incorporation in for alterations.relocations,demolitions evert that there are not enough proles' i Commission'shall seek profossional ex. the Florida Master Site File. and new construction shall be clearly alone!'in the community. pertiae in this area before rendering• d. AU inventory materiel shall be eon• set forth in the law and Incase of alters. d. Members shall be residents of the I decision. This can 'be accomplished sidered as public records,per s.119.011 Lions should substantially achieve the Jurisdiction for which they serve. through consulting(e.g., universities, Florida Statute end s.267.021 Florida purposes of the Secretary of the In- a. Local governments may be certified I private preservation organisations,or Statute..Therefore,inventory materiel terior's Standards /or Rehabilitation without the minimum number or types regional planning corn nisilone)nr by • shall be available for public Inspection. and Guidelines for Rehabilitating of discipliner represented on the Corn• other means that the State Historic per e.286.011 Florida Statute. Historic Buildings. rrdsulor.if they can demonstrate to the PL'eeerVation Oifcer• determines ■p- e. Commission members shall be en. e. The legislation shall include provisions • State Historic Preservation Officer propriate. ' '"' •'•" "•-. ' couraged to participate in the survey for enforcing decisions, Including that they have made a reasonable effort : I. The legislation shall contain specific process and in preservation planning penalties for non•compllance;a right of to fill those positions. The State I time limits within which the Commie• carried out by the Certified Local and mechanism for appeal must exist In Historic P ation Officer will elon shall act. • ' •" ••'•' Government. the legislation. dec;ds these matters on a case-by-case m. The Commission'ehell have staff suffl' 4. Local governments shall provide for ede. I. Specific time frames for reviews and for basis. i dent to undertake the requirements for quite public participation In local historic considerations of alternative.should be f. The terms of office of Commission i certification and carry out the duties • preservation.programs. Including the pro- Identified. members shall be uniform and stag I and responsibilities delegated to the cees of recommending properties for g. Provisions for public and owner red and of at least two but not more I pled Certified Local Government." nomination to the National Register. notification and public hearings for than five years'duration(except as pro I n. The Commission shall adopt Rules of a. All Commission meetings shall be designation and project reviews should vided In the initiation of a Commission). Procedure for use in'all transactions in• publicly announced,open to the public. be identified.per 8.4.,below. There Is not necessarily a limit on the volving the public.' ' ' and have a previously advertised agen• Local governments shall establish en ads• number of consecutive terms which j o. All Commission reeponeibilltlee must da, per 6.286.0105 Florida Statute. yuste and qualified historic preservation may be served. i be complementary to and carried out in • Commission meetings must occur at review commission 1Commission)composed g. Vacancies, including expired terms, I . accordance with the responsibilities of regular Intervals at least four times■ „f professional and lay members In actor• shall bo filled within 80 days by the are the State Historic Preservation Officer year. dance with paragraph C.below. propriate local official.Extensions up as described in 36 CFR 61.4(b). b. Minutes of all actions of the Commis' a. Each Certified Local Government shall to an additional 60 days may begranted ! 3. The local government shall maintain a • ■ton,including reasons for making the have a Commission with a minimum of by the State Historic Preservation Of- system for survey and inventory of historic decisions, must be kept on file and live (5) members. whose area of gee ricer on a case-by-case basis. • properties. In Florida, the term"historic available for public Inspection, per graphic responsibility .is coterminus h. At least four meetings shall be held property" refers to any ppruhfatoric or 1.286.011 Florida Statute. with the boundaries of Its local Juic• each year and minutes of each meeting rfsd historic district, slte,'building, structure, c. All decisions by the Commission shall tion. For communities with •popula• shall be kept. object or other real or personal property of be made in a public forum,and appii• tion less than 10.000 the minimum I. Each Commission member ehould historical or archaeological value,Including cants shall be given written notification number of members may be reduced but' make a reasonable effort to attend the but not limited to monuments;memorials, of decisions of the Commission. shall not be less than three(3)members. State Historic Preservation Office Indian habitations,ceremonial sites,abets. • d. Rules of procedure adopted by theCom• I,. Appointments shall be made by the ap• orientation program and subsequent Boned settlements, sunken or abandoned mission shall be available for public in• propriate local official of the juriedic• training programs for Certified Local ships, buildings, engineering works, spection,per es.286.011,119.011.and Lion concerned. Governments. Each Commission treasure trove, artifacts, or other objects 267.021 Florida Statute. ... 'I'o the extent available in the common!. should mnke every effort to be with intrinsic historical or archaeological e. Appropriate local officials, owners of ty,the local government shall appoint represented at any informational or value,or any part thereof,relating to the • record,and applicants shall be notified professional members from the disci• educational meetings, conferences, or history, government, and culture of the of proposed Commission actions con• plines of architecture,history,architec' workshops pertaining to work and funs• state. corning a proposed nomination to the tural history,planning,archaeology,or dons of the Commission scheduled by a. The Certified Local Government shall National Register according to re- other historic preservation related the State Historic Preservation Officer initiate and/or continue an approved qulrements found in 36 CFR Part 60. disciplines such as urban planning, or the Florida Conference of Preserve• process to Identify historic proporties objections by owners of properties American Studies, American Civilize. thin Boards and Commissions. i within the Jurisdiction. proposed for nomination must be 3 4 p • notarized. ,...of Procedure. a. The performance of Certified Local fear within 30 days. • 6. Local governments shall satisfactorily per- (6); Resumes for each member of the Governments must be consistent and g. The State Historic Preservation Officer • form the responsibilities listed in items one .Commission including, where ap- coordinated with identification,evalue- shall review expenditures of funds through four above and those specifically propriate, credentials or member Lion and preservation priorities of the allocated as historic p atlon • delegated to them by the State Historic '.. expertise in fields related to comprehensive state historic preserve- grants•in•aid. • Preservation Officer. :.historic preservation, per B,2.c., don planning process. h. Review of the historic preservation • C. Procedures above,and Appendix A,below. b. Once a local government is certified,it grants•ln•nid expenditures,as well as 1. Certification of Local Governments In (6) Resumes•for staff members, if remains certified without further action review of the annual report,shall form Florida there is professional staff. unless officially decertified. the basis of the State Historic Preserve. a. The appropriate official of the local . b. The State Historic Preservation Officer C. 'l'he State Historic Preservation Office tlon Officer's evaluation of the Certified government shall request certification shall respond to the appropriate local shall conduct periodic reviews and Local Government. from the State Historic Preservation official within 46 days of receipt of an monitoring of Certified Local Govern. I. If the State Historic Preservation Of. Officer. The request for certification adequately documented written re- ments to assure that each government ricer's evaluation of a Certified Local shall include: quest.The State Historic Preservation Is meeting the requirements for car- Government Indicates Inadequate per- ., • (1) A written assurance by the op- Officer will review the request and car- tification. Reviews shall be conducted formance, that assessment will 1w propriate official that the local Lily by letter of certification If the at least annually but may be conducted documented,and ways to Improve per- government will fulfill all the etan- ,.,government fulfills the requirements. more frequently at the discretion of the formance to acceptable levels shell be dards for certification.Standards. The State Historic Preservation Officer State Historic Preservation Officer If delineated by the State Historic Praser• for certification include enforce- will prepare a written certification deemed appropriate. Reviews shall be vation Officer. The Certified Local ment of appropriate state or local agreement which lists the specific preceded by notice of at least 30 days. Government shall have a period of not legislation for designation and pro-, responsibilities of the local government d. The Certified Local Government will less than 30 nor more than 180 days to tection of historic properties, per when certlfiod.The written request,car- supply at least 30 days'advance notice implement The improvements. If the B.1., above; establishment of an tification.and written certification • of Commission meetings to the State State Historic Preservation Officer adequate and qualified historic • agreement shall be forwarded to the Historic Preservation Officer, determines that sufficient Improve• preservation review commission Se. etary of the Interior by the State • e. A Certified Local Government is ment has not occurred, the State (Commission)composed of profes- Historic.Preservation Officer, If the responsible for providing the State Historic P ation Officer will Monet and lay members,per B.2., Secretary of the Interior does not object Historic Preservation Officer with par- recommend decertification of the local above;maintenance of a system for within 16 working days after receipt, ticular information nt frequent inter- government to the Secretary of the In. survey and inventory of historic the State Historic Preservation vale. In addition to advance notice of tenor, citing specific reasons for the properties,per B.3.,above;provi• Officer's certification of the local meetings,Certified Local Governments recommendation, If the Secretary of slon for adequate public participa• government to participate in the na- should submit the minutes of eachCom• the Interior does not object within 30 tion in local historic preservation tional historic preservation program mission meeting, attendance at Corn- working days of receipt,decertification programs,including the process of shall be effective. missions meetings,and appointments shall be effective. recommending properties fornomi• e. The State Historic Preservation Officer to the Commission within 90 days of j. Local governments may petition the nation to the National Register,per shall respond to the appropriate local ouch actions. The Certified Local State Historic Preservation Officer to B.4.,above;and satisfactory per. official within 46 working days of Government should also inform the be decertified voluntarily and without formance of any additional reepon• receipt of a documented written request State Historic Preaervntion Officer prejudice. sibilities delegated to all Certified ' whichls inadequate.The State Historic about any new historic deeignst'ona or k. 'Grounds for decertification shall in. Local Governments in the state, Preservation Officer shill indicate how alterations of existing designations dude revocation of the local ordinance. and any other delegated respon• inadequacies can be corrected in this immediately. failure to comply with provisions incur. aibilitlea. notification.. f. The Certified Local Government shell porated into the local ordinance,failure (2) A copy of the local legislation,per d. The State Historic Preservation Officer submit an annual report and other to maintain a Commission, failure to B.1.,above. may agree with the local government to documents as necessary to the State maintain a survey and identification • (3) A map of the area of jurisdiction of change the delegation of responsibil• Historic Preservation Officer.The an• program, failure to provide for ade• the Commission with any and all hies by ,amending the certification nual report shall include any changes In quote public participation in the local existing designated historic agreement.if the Secretary of the In- • Rules of Procedure.aaum.naryofCom• historic preservation program. and districts and/or individual historic terior does not object within 16working mission activities including Irat not failure to keep the State llistoric properties clearly identified.Inclu• days after receipt of the State Historic limited to the number of proposals Preservation Officer informed about pion of these properties within the Preservation Office amendment, the reviewed, new designations, revised Certified Local Government activities jurisdiction of the Certified Local amended certification agreement shall resumes,appointments to the Commis• and actions. Government should be clearlydem• be effective. Dion,a review of survey and inventory I. The local government may appeal a onstrated.This map should be up- e. The local government may appeal a activity with a dcecript'on of the decertification decision of the State dated regularly through the incur, denial of certification by the State system used, as well as a progress Historic Preservation Officer to the poration of additions and deletions Historic Preservation Officer to the J report on grant-assisted activities.The Secretary of the Interior. of districts and individual proper- Secretary of the Interior. annual report Is due by November 1 and m. Upon decertification,the State I listoric ties and/or alterations of historic 2. Monitoring Certified Local Governments/ should cover the previous October 1 Preservation Officer shall conduct ' district boundaries. Process for Decertification/Local Govern- 1 -September 30 year.It will be reviewed financial assistance closeout pro• (4) A copy of the Commission's Rules ment Appeal by the State Historic Preservation Of. codures as specified in the National 6 6 • ' r • • Register Programs Manual. ('i) Adhere to all requirements of the any applicant must be eufficlent to costs may be charged as part of the Car- 3. Transfer of Funds. • National Register Programs a. Each Certified Local Government is g g Ensure ha the funds impact. the Local if Government grantvenme if eligible to request a portion of funds Manual. (2) Enaurethatthefundeawardedwill the Certified Local Government reserved from Florida's annual Historic 13) Adhere to any requirements man• be sufficient to generate effects subgrantee meets the requirements of Preservation Fundgrant apportion- dated by Congress regarding the directly as a result of the funds the Manual and has a current Indirect • PPo use of such funds. The State transfer. cost rate approved by the cognizant meat on a competitive basis. Historic Preservation Officer will (3) Note that requirements for tangs- Federal agency.Otherwise,only direct Ill The reserved portion will amount advise Certified Local Govern• ble results may not be waived even costs may be charged. to at least ten percent of the slate's menle of such requirements and if there are many otherwise eligible 4. Certified Local Government Participation annual grant, and the State will include n summary of such in• applicants for the amount set aside In the Florida National Register of Historic Historic Preservation Officer will formation in the materials made for the Certified Local Govern- Places Nomination Process. inform all Certified Local Govern- available to Certified Local manta share. a. The Commission complements the mints of the available total within Governments making application 111 Make reasonable efforts to Florida Review Board for the National fifteen days of receiving official for funds,as In C.3.c.,below, distribute these monies among the Register in the review of proposed notification of the total amount of c. The requirements listed in 3.b.,above, maximum number of eligible local nominations tp the National Register. the annual apportionment for shall be used bythe State as minimum SponsorsRegister Florida. jurisdictions to the extent. that of National Re star nomina• (2) Any•year in which the animal requirements for local governments such distribution is consistent with Bon proposals located in areas served receiving Historic Preservation Funds: 36 CFR 61.7(i)(1). by a Certified Local Government shall Historic Preservation Fund state they also shall be,included in theState's (6) Seek to ensure a reasonable have their proposals reviewed at the grant appropriation exceeds required written grant agreement with distribution between urban and local level.Proposals for properties in 585,000,000,one half of the excess the local government.The State may re- rural areas in the State. areas not served by•Certified Local shall also be transferred to Cer• quire specific uses of funds as long as (6) Ensure that. no Certified Local Government shell be reviewed by the tified Local Governments accord•' such requtremente are consistent with Government will receive a Florida Review Board for the National ing to procedures to be provided by the State comprehensive historic disproportionate share of the Register. Nomination proposals sub- the Secretary of the Interior. preservation planning process and are allocation. milted to the State Historic Preserve- 13) There is no guarantee that Car- eligible for Historic Preservation Fund f. Submission of an application for a pot-- lion Officer for consideration by the titled Local Governments will assistance, lion of the annual Historic Preservation Florida Review Board for the National receive Historic Preservation d. Certified Local Governments shall Fund apportionment for Florida, Register will be reviewed to ascertain If Funds if they apply for such funds. make applications for funds described whether successful or not, shall not they are located In an area served by a Further,receipt of historic preset.- in C,3.a.,above,on the time schedule preclude or In anymanner disqualify Certified Local Government. If a Car- vation regrant funding from the - and using the procedures Identified in the Certified Locl Government mak titled Local Government serves the Florida State Historic Preserve- Chapter 1A-36, ltules of the Depart- ing such application from consideration area, the State Historic Preservation lion Office is not assurance that mint of State,Florida Administrative for other state grant or federal regrant Officer shall forward the nomination funds will be available the follow- Code Historic Preservation Grants-in• funds available under terms of 1A-36, proposal to the local Commission. ing year or that a Certified Local itld(See Appendix B).As applicants for Rules of the Department of State, b. The local Commission will develop or Government will receive grant shares of the reserved portion of referenced in C.3.c.,above. receive the documentation necessary to funding the following year. Florida's Historic Preservation Fund g. Historic Preservation regrant funding nominate properties to the National le. Each Certified Local Government annual apportionment,Certified Local cannot be used to match other Federal Register of historic Pisces.The Corn- annual which makes application for funds from Governments will followprocedures forP Florida's annual Historic Preservation program grants,with the exception of mission shall evaluate nomination pro- Florida's Fund apportionment s bythe applying for federal funds identified in Community Development Block Grant posels received for completeness in a Ppo 9IA•36.07(6),Rules of the Department of funds,as specified In Section 105(a)(9) timely manner.Should the nomination Secretary of the Interior to: tState. Certified Local Governments of the Housing and Community proposal not be technically complete, II) Maintain ■dequhte financial whi:h are awarded funds under these Development Act of 1974,P.L.93.388, the Commission shall notify the pro- management systems.Local linen- rules and during other possible special and Revenue Sharing funds as specified posal's sponsor, Identifying the tech- dal management systems shall be application periods allowed for under in State and Local Fiscal Assistance nical deficiencies,in writing,within 30 in accordance with the standards the rules will be considered subgrantees Amendments of 1978, P.L. 94.488. days of receipt of the nomination pro- specified in OMB Circular A-102, of the Florida State Historic Preserve- Historic Preservation Fund regrante to posal. If the nomination proposal is Attachment G. "Standards for tion Office. Certified Local Governments must be technically complete,the Commission Grantee Financial Management shall e. Funds made available to Certified Local used for activities which further the Systems."Local financial manage- Governments from the reserved portion • goals of identification,evaluation,pro- next meeting or, should notification ment systems shall be auditeble in of Florida's annual Historic Preserve- tection, and preservation of cultural provisions outlined in C.4.c., below, accordance with GOA's Standards lion Fund apportionment shall be resources. make that impossible, for the earliest for Audit of Oouernmental awarded on a competitive basis, Organizations, Programs, Ac• C.3.c.,above,for historicpreservation r h. funding of Historic be subject to xiatint T possible regular meeting.all y tiuities and Functions.Local finan• will be subject to all existing e. The Commleelon shall notify the follow• survey and planning activities. When restrictions imposed by the Historic log of its intention to consider anomina• • clal management systems will be evaluating Certified Local Government Preservation Fund Grants Manage- tion proposal.In ail cases,such notifIca- periodically evaluated by the State grant applications,the State shall: ment Manual. In,accordance with the lion shall occur at least 30 days but not Historic Preservation Officer. II) Provide that the amount awarded requirements of this Manual,indirect more than 76 days prior to the Commie- 7 1 9 .. I' Commission, within.30 days of the to forwarding the proposal to the . sion meeting at which the nomination theState Historic Preservation Officer proposal will be considered. shell take no further action on the National Register Review Board National Register. Other appeal pro meeting, of Its Intent to forward the ceduree promulgated by the National Ill Owner's)of record of the property. nomination unless an appeal 1, filed nomination to the National Register Park Service, Department of the The list of owners shall be obtained with the State Historic Preservation with a recommendation thatproper- Interior,pertaining to local or state e• from official tax records. Where Officer.Any reports and recommends- there is more than one owner on the lions that result from such a situation ty or properties be listeded,. The State lions shall be followed by Certified list,each separate owner shall be shall be included with any nomination I Historic Preservation Officer reserves Local Governments and by the Stets notified. submitted by the State Historic Preser• the right,as In the case of any nomina• Historic Preservation Officer. Decl• • (2) Appropriate local official's).In the. vation Officer to the Secretary of the I tion from a source other than a Certified . alone of the State Historic Preservation case of a Commission whose area of Interior. Local Government,to edit or revise the Officer may be appealed to the National Jurisdiction is a county,these will • f. Any person or organization which sup- nomination proposal or request that the Park Service in accordance with the be the Chairman of the Board of' ports or oppoece the nomination of a sponsor make necessary revisions prior procedures In 36 CFR 60.12. County Commissioners and such property to the National Register shall other contact persons as may be be afforded the opportunity to make its designated, and the appropriate view,known in writing.All such torte- • local official of a municipality if the spondence regarding a nomination pro- • property to be considered is located. posal shall become part of the perms- , within municipal boundaries. In nent record concerning that proposal the case of a Commission whose. and shall be forwarded with approved • area of jurisdiction is a municipali• proposals to the State Historic Preset, • ty,this will include the appropriate vntion Officer. In the case of disap• municipal official(,)and the Chair- proved nomination proposals,letters of man of the Board of County Corn- support or comment shall be made a missionera. Within 30 days of part of the permanent record concern- receipt of the nomination proposal, Ing that proposal, and a list of such the appropriate local official's) letters shall accompany the official shall submit in writing to the Corn- copy of the disapproved nomination mission a recommendation as to proposal when it is forwarded to the whether or not the property shall State Historic Preservation Officer,per be nominated to the National C.4.d.,above. . Register. . g. Nomination proposals to be considered 1 (3) Stets Hlstorlc Preservation by the Commission shall be on file at Officer. Commission headquarters for at least d. Nomination proposals shall be con- 30 days but not more than 76 days prior sidered by the Commission at a public• to the Commission meeting at which • meeting,and all votes on nomination they will be considered.A copy shall be proposals shall be recorded and made a made available by mail wheel requested part of the permanent record of the by the pt:blic and shall be made avail- Commission meeting. All nomination able at a location of reasonable local ' proposals ,hall be forwarded, with a public access,such as a local library, record of official action taken by the courthouse,or other public place so that Commission and the recommendation written comments regarding a nomina• of the appropriate local official's),to the lion proposal can be prepared. State Historic Preservation.Officer h. Appeals. Any person may appeal the • within 30 days of the Commission decisions of a local Commission. Ap• meeting at which they were considered. peals should be directed to the State • if either the Commission or appropriate Historic Preservation Officer in writing local official's) or both support the within 30 days of the decision by the nomination,the State Historic Preset-- Commission.Nominations or proposals vation Officer shall schedule the' which have been appealed shall be con- nomination for consideration by the sidered by the Florida Review Board for Florida Review Board for the National the National Register as part of the nor- • Register as part of the normal course of mal course of business at its next • business at the next regular meeting. regular meeting.If the opinion is that • ( e. If both the Certified Local Government the property or properties is or are Commission and appropriate local of. significant and merit nomination to the I flciel's)recommend that a property not National Regieter, the State Historic • • be nominated to the National Register, Preservation Office shall notify the . 9 r 10 r APPENDIX A , Profesnionsl Qualifications Standard, In the following definitioan,a year of full-time pro- study of archaeological resources of the fessiunsi experience need not consist of a continuous historic period. year of lull-lime work but may be made up of diacon• C. Architectural history.The minimum profes- tinuous periods of full-Lime or psrt'tbno work adding aion.l qualifications In architectural history up to the equivalent of a year of full-time experience. ' are a graduate degree in architectural •• Those Commission members in historic preservation• history.art history.historic preeervation,or related disciplines should have educational back- closely related field, with coursework in . grounds and experience comparable to the qualifies- American architectural history: or • • Lions required for the disciplines below. bachelor's degree in architectural history. ' p A. History.•The minimum professional art history.historic preservation,orclosely qualifications in history are a graduate related field plus one of the following: degree In history or closely related field:or a 1. at least two years of fulltime ex• • bachelor's degree in history or closely perience in Is, writing or related field plus one of the following: teaching in American architectural 1. at least two years of full-time ex- history or restoration architecture with parlance In research,writing,teaching, an academic institution, historical interpretation or other demonstrable ' organization, or agency. museum, or professional activity with an academic other professional institution:or • institution, historical organization or 2. substantial contribution through agency,museum or other professional research and publication to the body of • institution:or scholarly knowledge In the Geld of • 2. substantial contribution through American architectural history. research and publication to the body of D. Architecture. The minimum professional • • •• scholarly knowledge in the field of qualifications in architecture are a proles- history. sional degree in architecture plus at least • B. Archaeology. The minimum professional • two years of full-time professional ex- • qualifications in archaeology are a graduate perience in architecture:or a State license to degree in archaeology, anthropology, or practice architecture. closely related field plus: - E. Historic Architecture.The minimum pro- 1. at least one year full-time professional fessional qualifications in historic architec• experience or equivalent specialized ture are a professional degree in architecture , training in archaeological research,ad- or State license to practice architecture. - ministration or management; plus one of the following. 2. at least four months of supervised field I. at least one year of graduate study in and analytic experience in general architectural preservation. American North American archaeology:and architectural history. preservation 3. demonstrated ability to carry research planning.or closely related field:or to completion. In addition to these 2. at least one year of full-time proles• minimum qualifications,a professional alone:experience on historic preserva• in prehistoric archaeology shall have at Lion projects.Such graduate study or least one year of full-time professional experience shall include detailed invest- experience at a supervisory level in the Ligation: of historic structures, study of archaeological resources of the preparation of historic structures • prehistoric period. A professional in research reports, and preparation of historic archaeology shell have at least plans and specifications for preserve- • one year of full-time professional ex• Lion projects. perience at• supervisory level in the • I! Appendix C APPLICATION FOR CERTIFICATION • FLORIDA CERTIFIED LOCAL GOVERNMENTS PROGRAM Mail to: Architectural Preservation Services Section Bureau of Historic Preservation Florida Department of State The Capitol Tallahassee, Florida 32301-8020 Instructions: 1. Please use this form. 2. Please print or type all forms. 3. Make sure forms are signed. 4. Submit two complete sets of application materials. 5. Incomplete applications will be returned. 1. _ Local government name: 2. County: 3. Contact (Name/Title/Address/Phone): 4. Appropriate local official (Name/Title/Address/Phone): • 5. Historic Preservation Review Commission (Name/Address/Phone): . 6. Time and place of regular Review Commission meetings: • Certified Local Government Application Page Two 7. Briefly describe how the membership requirements for nistoric preserva— tion commissions have been satisfied. Be sure to address to what extent professionals are available in the community and the positive involvement in historic preservation of the professional members. PLEASE SEE PAGES 4 AND 5 OF THIS APPLICATION. • 1. • 8. Briefly describe your system for survey and inventory of local historic resources. Certified Local Government Application Page Tnree 9. Briefly describe now the local government intends to participate in the National Register program and detail how public participation require— ments will be carried out in the local government's review of National Register nominations. • • 10. Briefly describe why you are seeking certification. 11. Are you planning to apply for Certified Local Government subgrants? YES NO If yes, briefly describe the purpose of the proposed Certified Local Government subgrant request. Certified Local Government Application Page Four MEMBERSHIP OF COMMISSION BY DESIGNATED PROFESSIONALS Name and Profession Term Expires 1. Chairman 2. Member 3. Member 4. Member 5. Member Certified Local Government Application Page Five Historic Preservation Commission Member Background Material Name Address Telephone (Home) (Office) Occupation Please give a brief description of your demonstrated special interest, know- ledge or training in such fields. Training Received (conferences, seminars attended) Date Are you a member of: Yes No The Florida Historical Society The Florida Trust for Historic Preservation Tne National Trust for Historic Preservation County Historical Society Other Certified Local Government Application Page Six Are you presently or nave you ever been a member of any other government board or commission? No Yes Please list: Terms • • Certified Local Government Application Page Seven Certified Local Government Checklist (Please return a completed copy of this Checklist with your submission.) B.1. Requirements-Ordinance - Requirements Ordinance Citation Purpose clearly stated Authority for appointment of suitable commission Criteria for designation of historic properties clearly defined (should roughly parallel the criteria used by the National Register Clearly define process for designation of historic properties Boundaries for historic districts and individual properties identified in the ordinance should be clearly established Authority for the Review Commission to review and render a decision upon all proposed alterations, demolitions, reloca- tions, and new construction within the boundaries designated by the ordinance or which directly affect designated proper- ties Provisions for the delay of demolitions, but not for the indefinite stay of a demolition Criteria for the review of proposals for alterations, new construction, relocation and demolitions clearly set forth in the law (alterations should substantially achieve the purpose of the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings Provisions for enforcing decisions Penalties for non-compliance Specific time frames for reviews Right of Appeal • Certified Local Government Application Page Eight Specific time frames for consideration of development pro— posals Provisions for public and owner notification for designation and project reviews Provisions for public hearings for designation and project reviews B.2 Commission Requirements Ordinance Citation Minimum of five members (minimum of three members if popula— tion less than 10,000) Area of geographic responsibility coterminous with the boundaries of local jurisdiction Appointments made by appropriate local official or appro— priate governing body Members residents of the jurisdiction for which they serve Terms of office staggered Terms of office at least two years, but not more than five years' duration Provisions for appropriate local official or appropriate governing body to fill vacancies within sixty days Provisions for at least four meetings per year at regular intervals Provisions for recording minutes of each meeting Provisions for Commission to be represented at pertinent information or educational meetings, workshops and conferences Provisions for Commission review of proposed National Register nominations within its jurisdiction Certified Local Government Application Page Nine Provisions for seeking expertise on proposals or matters requiring evaluation by a professional of a discipline not represented on the Commission Staff sufficient to undertake the requirements for certifica— tion and carry out delegated responsibilities Rules of Procedure adopted by Commission Commission responsibilities complimentary to those of the State Historic Preservation Office B.3 Survey and Inventory of Historic Properties • Requirements Ordinance Citation Provisions to initiate and/or continue an approved process of identification of historic properties within the juris— diction (inventory materials should be compatible with the �. Florida Master Site File) Provision to maintain a detailed inventory of the designated districts, sites, and/or structures within the jurisdiction of tne Commission Inventory material open to the public Provisions to update inventory materials periodically Assurance that duplicates of all inventory materials will be provided to the State Historic Preservation Office Provisions to encourage tne Commission members to partici— pate in the survey and planning activities of the Certified Local Government B.4 Public Participation • Requirements Ordinance Citation Provisions that Commission meetings will be publicly announced Provisions that Commission meetings will be open to the public Certified Local Government Application Page Ten • Provisions that Commission meetings will have a previously advertised agenda Provisions to make these records available to the public Provisions that all Commission decisions will be given in a public forum • • Rules of Procedure adopted by the Commission must be avail- able for public inspection Provisions assuring that appropriate local officials, owners of record, and applicants shall be given a minimum of thirty days and not more than seventy-five days prior to Commission meetings in which to comment on or object to the listing of: a property in the National Register to be reviewed Objections by property owners must be notarized to prevent nomination to the National Register B.5 Satisfactory Performance Requirements Ordinance Citation Provide State Historic Preservation Officer with thirty days prior notice of all meetings Submit minutes of each meeting to State Historic Preservation Officer within thirty days Submit record of attendance for the Review-Commission members to State Historic Preservation Officer within thirty days of each meeting Submit public attendance figures for each meeting to State Historic Preservation Officer within thirty days of each meeting • Notify change in the Commission membership within thirty days of action Notify State Historic Preservation Officer immediately of all new historic designations or alterations to existing designa- tions Certified Local Government Application Page Eleven Submit annual report by November 1 covering previous October 1 through September 30 Information to be included in Annual Report (at a minimum) a. any changes to the Rules of Procedure b. number of proposals reviewed c. new designations (listings) d. changes to the Commission e. revised resumes of Commission members as appropriate f. review of Survey and Inventory activity witn a description of the system used g. program report on eacn grant-assisted activity C.1 Procedures (Certification material contained in this submission) Requirements Ordinance Citation • A written assurance by the appropriate local official that the local government will fulfill all of the requirements for,certification A copy of the local legislation A map of the area of jurisdiction of the Commission with any and all existing designated historic districts and/or individual historic properties clearly identified A copy of the Commission's Rules of Procedure .Resumes for .eacn member of the Commission - - - Resumes for Commission staff members, if appropriate I certify that I have read Certified Local Governments Guidelines and agree to comply with all terms and conditions set forth therein. Appropriate Local Official Date AGENDA ITEM 6 HISTORIC PRESERVATION BOARD MEETING JANUARY 20, 1993 Discussion and direction regarding the preparation of an historic property survey for Atlantic Avenue. This item is at the request of Chris Brown, Director of the CRA. Chris feels that a consultant should be hired to produce a comprehensive historical survey of Atlantic Avenue with the aim of creating an Atlantic Avenue Historic District. From my preliminary survey, Atlantic Avenue from Swinton to the IntracoA. al, I found roughly half of the buildings to be over 50 years old. When the subject of an Atlantic Avenue Historic District was last discussed by the HPB it was suggest that Chris Brown meet with the building's owners to gage the amount of support (or opposition) could be expected. Chris now feels that by producing a survey to document the Avenue's history more support can be garnered. I agree with this approach and Chris is seeking the Board's support for the project. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: LDR TEXT AMENDMENT RE ADDITIONAL CRITERIA FOR GRANTING A VARIANCE IN HISTORIC DISTRICTS ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a proposed change to the LDRs. The changes contemplated will accommodate the granting of a variance based upon a basis dealing with "adaptive use" . This criteria would be applicable only within Historic Districts or upon Historic Sites. BACKGROUND: The need for special relief for adaptive reuse, particularly within the older sections of the community and in the historic districts, has been an item of discussion for quite awhile. These discussions were, perhaps, most intense early in 1991. After some joint meetings with the City Commission, Historic Preservation Board, the Planning and Zoning Board, and others, a commitment to look at the situation was made. Subsequently in task team meetings by the group looking at the OSSHAD District, there was an apparent conclusion that, based upon a review of actual variance considerations, additional criteria was not needed. . . . the record showed that most variances which were applied for, within Historic Districts, were granted. Later, at a worksession discussion with task team members, representatives of HPB and OSSHOD and the Planning and Zoning Board the issue was raised again and it was thought that it would be appropriate to establish a special criteria focused upon "adaptive reuse" and that it be applied only within Historic Districts. This subject is raised, concurrently with proposed amendments to the OSSHAD District. TEXT AMENDMENT: PROPOSED AMENDMENT TO SECTION 4 .5 . 1(J) FOR THE PURPOSE OF BROADENING THE BASIS UPON WHICH A VARIANCE CAN BE GRANTED WITHIN HISTORIC DISTRICTS: Section 4 .5. 1 Historic Preservation Sites and Districts: (J) Historic Preservation Board to act on Variance Requests: Pursuant to the powers granted in Section 2.2 .6 (D) , P&Z Memorandum Staff Report LDR Text Amendment Re Additional Criteria for Granting a Variance in Historic Districts Page 2 the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments . In acting on such variance requests the Board shall be guided by the following in addition to the criteria normally used by the Board of Adjustments. ( 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, appurtenance, 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 character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. (d) The variance request is the minimum necessary to maintain the preservation of the historic character of a historic site or of 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. (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. P&Z Memorandum Staff Report LDR Text Amendment Re Additional Criteria for Granting a Variance in Historic Districts Page 3 (23) The Board shall otherwise follow all procedures, impose conditions, and make findings as required of the Board of Adjustments. ANALYSIS/BASIS FOR THE PROPOSED AMENDMENT: The reason being the above proposal is to be able to accommodate variances based upon a finding pertaining to accommodation of adaptive reuse of a structure. While this new criteria will be mainly imposed upon properties which have no historic significance themselves, it will also apply to the adaptive reuse of historic structures . In the first instance, without the proposed amendment, only the standard variance criteria would apply. That criteria is not suited for accommodating the unique objectives of mixed use districts such as OSSHAD. Also, due to the unique nature of OSSHAD (the only true mixed use zone district currently in the LDRs, besides SAD) , some historic structures may be hindered in efforts of adaptive reuse due to site constraints not associated historic features [i.e. current basis for a variance - ref (J) ( 1) ] . RECOMMENDED ACTION: By motion, forward the proposed changes to the LDRs which expand the variance authority within Historic Districts when based upon consideration of "adaptive reuse" along with a finding that the proposed change is consistent with the Comprehensive Plan and furthers Objective A- a the Future Land Use Element. Report prepared by: v QCk'4--._ DJK/PZVARI .DOC