HPB 03-18-1992 AGENDA
HISTORIC PRESERVATION BOARD MEETING
WEDNESDAY, MARCH 18, 1992 6 : 00 PM
COMMISSION CHAMBERS, 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 . Public Hearing: Request for Variance No. 88-25:
Digby Bridges, Architect, Authorized Agent for Patio
Associates Limited Partnership, Burton Handelsman, Owner.
Lots 4 thru 8 and -Lots 42 thru 46 of Block 125 Palm Square
Unregistered. The property is located on the south west
corner of E. Atlantic Avenue and Palm Square.
3 . COA 8-172 Patio Shoppes 714 E. Atlantic Avenue.
Digby Bridges Authorized Agent for Patio
Associates Limited Partnership, Burton
Handelsman, Owner.
A. Site Plan Approval
B. Landscaping
C. Exterior Design
4 . COA 8-175 310 N. Swinton Avenue
Dean Hoffman, Owner.
Consider existing chain link fence in the front
yard.
5 . COA 8-166C Renaissance Dental Studio 503 N.E. 2nd Avenue
Jay Kunze, Owner.
Consider a change to approved west elevation to
allow a decorative metal gate at the entrance
to the breezeway.
6 . Approval of the Minutes of the February 5, 1992 Meeting
Historic Preservation Board Agenda
March 18, 1992
Page 2
7 . Reports From Historic Districts
8 . Unfinished Business
9 . New Business
10 . Adjournment
FORM 4 MEMORANDUM OF VOTING CONFLICT
LAST NAME-FIRST NAME-MIDDLE NAME
CAMPBELL, KENNETH WAYNE THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
--AILING ADDRESS
314 NORTH SWINTON AVE Y HISTORIC PRESERVATION BOARD
CITY 0 COUNTY O OTHER LOCAL AGENCY O STATE
CITY COUNTY
DELRAY BEACH, FL PALM BEACH NAME OF POLITICAL SUBDIVISION OR STATE AGENCY
DATE ON WHICH VOTE OCCURRED
3-18-92 CITY OF DELRAY BEACH
NAME OF BOARD.COUNCIL.COMMISSION,AUTHORITY,OR COMMITTEE
HISTORIC PRESERVATION BOARD
WHO MUST FILE FORM 4
This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee,
whether state or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of
interest.
As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided
into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is
prescribed for all other boards, i.e., those at the state level.
PART C of the form contains instructions as to when and where this form must be filed.
PART A
VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS
[Required by Section 112.3143(3), Florida Statutes (Supp. 1984).]
The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM
VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from
knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government
agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained.
In any such case a local public officer must disclose the conflict: NEXT DOOR NEIGHBOR
(a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is
abstaining from voting;and
(b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below.
NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357,
Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from
voting. In such cases, however, the oral and written disclosure of this part
✓mmust� Qbemade.
I, the undersigned local public officer, hereby disclose that on102i4 "` /(f , 19
(a) I abstained from voting on a matter which (check one):
inured to my special private gain; or
inured to the special gain of , by whom I am retained.
CE FORM 4-REV. 1044 PAGE I
(b)The measure on which I abstained and the nature of my interest in the measure is as follows:
DEAN HOFFMAN APPLIED TO PUT UP A CHAIN LINK FENCE IN FRONT OF HIS HOUSE
HE IS MY NEXT DOOR NEIGHBOR AND I FEEL IF I VOTED IT WOULD CAUSE FUTURE
PROBLEMS „SINCE MY VOTE WOULD BE NO TO HIS APPLICATION REQUEST.
3- /1 9-2 -
Date Filed %ig I ature
Please see PART C for instructions on when and where to file this form.
PART 13
VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS
[Required by Section 112.3143(2), Florida Statutes(Supp. 1984).]
Each state public officer is permitted to vote in his official capacity on any matter. However,any state officer who votes in his official
capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required
to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs.
I, the undersigned officer of a state agency, hereby disclose that on , 19 .
(a) I voted on a matter which(check one):
-inured to my special private gain; or
-inured to the special gain of , by whom I am reta<
(b) The measure on which I voted and the nature of my interest in the measure is as follows:
C
Date Filed Signatuic
Please see PART C below for instructions on when and where to file this form.
PART C
FILING INSTRUCTIONS
This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person
responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not
be filed merely to indicate the absence of a voting conflict.
NOTICE:UNDER PROVISIONS OF FLORIDA STATUTESf 112317(1983),A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY
BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT.
DEMOTION.REDUCTION IN SALARY.REPRIMAND.OR A CIVIL PENALTY NOT TO EXCEED$5.000.
MINUTES OF THE HISTORIC PRESERVATION BOARD
PUBLIC HEARING
WEDNESDAY, MARCH 18, 1992
LOCATION: COMMISSION CHAMBERS
100 N.W. 1ST AVENUE
DELRAY BEACH, FL 33444
1. ROLL CALL:
The Vice Chairman called the meeting to order at 6 : 00 P.M.
Board Members :
Christine Bull Present
Wayne Campbell (Vice Chairman) Present
Daniel Carter Present
Sandy Jamison Present
Pat Healy-Golembe Absent
Buck Miller Present
Rose Sloan (Chairman) Absent
Staff Members Present:
Jeff Costello, Planning & Zoning Department
Janet Meeks, Planning & Zoning Department
Diana Mund, Planning & Zoning Department
Susan Ruby, City Attorney's Office
2 . Variance No. 88-25 : Patio Shoppes, 714 E. Atlantic Avenue.
Burton Handelsman, Owner; Digby Bridges, Authorized Agent.
The Board voted to approve Variance No. 88-25 based upon
positive findings pursuant to Section 2 .4 . 7 (A) (5) and
4 .5 . 1(J) :
a. Approve the variance request from Section 4 .4 .21(H)
to reduce the setback from 10 ' to 5 ' along the east
property line.
b. Approve the variance request from Section 4 .6 .4 (E) , to
reduce the setback from 10 ' to 8 ' along the west
property line and 10 ' to 5 ' along the east property
line.
The approval is subject to City Commission action on the
Palm Square road closure issue.
The Board' s action is conditioned with the caveat that all
the approvals granted are subject to any conditions imposed
by the City Commission with regard to the closure of Palm
Square.
Daniel Carter moved for approval of Variance No. 88-25,
seconded by Sandy Jamison. The vote was as follows:
Christine Bull - Yes; Wayne Campbell - Yes; Daniel Carter
Yes; Sandy Jamison - Yes; Buck Miller - No. Said motion
passed 4-1.
3 . COA 8-172 : Patio Shoppes, 714, E. Atlantic Avenue. Burton
Handelsman, Owner; Digby Bridges, Authorized Agent.
The Board voted to approve the following waiver requests
from the applicant:
* Reduce the right-of-way width from 60 ' to 40 ' .
* Eliminate the sidewalk from the edge of the parking lot
to the south property line with a treatment similar to
Brandy's .
* Recommend approval to the City Commission regarding
the waiver request from Section 4 . 6 . 16 (H) (3) (d) to
reduce the required 5 ' landscape strip along the west
property line adjacent to the north parking lot to 4 ' .
The Board voted to approve the Site Plan with the following
conditions:
* That a plat be recorded for the subject property to
include the necessary easements as outlined in the
staff report.
* Provide the overhead power lines underground pursuant
to Section 6 .3 . 8.
The Board' s action is conditioned with the caveat that all
the approvals granted are subject to any conditions imposed
by the City Commission with regard to the closure of Palm
Square.
Sandy Jamison moved for approval of COA 8-172-A (Site Plan
Approval) , seconded by Christine Bull. The vote was as
follows : Christine Bull - Yes; Wayne Campbell - Yes;
Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller - No.
Said motion passed 4-1.
The Board voted to approve the landscape plans based upon
positive findings pursuant to Section 4 . 6 . 16 with minor
modifications as to types plantings .
The Board' s action is conditioned with the caveat that all
the approvals granted are subject to any conditions imposed
by the City Commission with regard to the closure of Palm
Square.
- 2 - 3/18/92
Daniel Carter moved for approval of COA 8-172-B
(Landscaping) , seconded by Sandy Jamison. The vote was as
follows : Christine Bull - Yes; Wayne Campbell - Yes;
Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller -
Yes . Said motion passed 5-0 .
The Board voted to approve the Elevations based on positive
findings pursuant to Section 4 .6 . 18 .
The Board's action is conditioned with the caveat that all
the approvals granted are subject to any conditions imposed
by the City Commission with regard to the closure of Palm
Square.
Sandy Jamison moved for approval of COA 8-172-C (Exterior
Design) , seconded by Daniel Carter. The vote was as
follows : Christine Bull - Yes; Wayne Campbell - Yes;
Daniel Carter - Yes; Sandy Jamison - Yes; Buck Miller -
Yes. Said motion passed 5-0 .
4 . COA 8-175 : 310 N. Swinton Avenue. Dean Hoffman, Owner.
Note: Wayne Campbell chose to abstain from voting on COA
8-175 due to personal conflict as applicant is his
neighbor.
Sandy Jamison moved for denial of COA 8-175, seconded by
Buck Miller. The vote was as follows : Christine Bull -
No; Wayne Campbell - Abstained; Daniel Carter - No; Sandy
Jamison - Yes; Buck Miller - Yes . Said motion was 2-2 .
Upon second motion the Board recommended approval of COA
8-175 with the following condition:
* The 6 ' high chain link fence in the front be removed
and replaced with a 4 ' high fence that is in keeping
with the Design Guidelines .
Daniel Carter moved for approval of COA 8-175, seconded by
Christine Bull . The vote was as follows : Christine Bull -
Yes; Wayne Campbell - Abstained; Daniel Carter - Yes; Sandy
Jamison - Yes; Buck Miller - Yes . Said motion was passed
4-0 .
5 . COA 8-166C: Renaissance Dental Studio, 503 N.E. 2nd
Avenue. Jay Kunze, Owner.
The Board voted to approve COA 8-166C with the condition
that the applicant paint the gate a pastel green that is in
keeping with the turquoise trim on the building.
- 3 - 3/18/92
Daniel Carter moved for approval of COA 8-166C, seconded by
Christine Bull. The vote was as follows: Christine Bull -
Yes; Wayne Campbell - Yes; Daniel Carter - Yes; Sandy
Jamison - Yes; Buck Miller - Yes. Said motion passed 5-0.
6 . APPROVAL OF MINUTES: February 5, 1992 Meeting
Sandy Jamison moved approval of the minutes for the
February 5, 1992 meeting, seconded by Christine Bull. The
vote was as follows : Christine Bull - Yes; Wayne Campbell
- Yes; Daniel Carter - Yes; Sandy Jamison - Yes; Buck
Miller - Yes . Said motion passed 5-0 .
7 . REPORTS FROM HISTORIC DISTRICTS:
None
8 . UNFINISHED BUSINESS:
None
9 . NEW BUSINESS:
The Board felt that they need to seriously look at the
Closing of Palm Square in the very near future when all of
the Board Members are present.
10 . Sandy Jamison moved for adjournment at 7 : 30 P.M. , seconded
by Daniel Carter. The vote was as follows : Christine Bull
- Yes; Wayne Campbell - Yes; Daniel Carter - Yes; Sandy
Jamison - Yes; Buck Miller - Yes. Said motion passed 5-0 .
Next meeting is scheduled for April 1, 1992 .
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 March 18, 1992, which were formally
ado to and ap ved byYthe Board on � \ \ , 1992 .
Diana and
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 - 3/18/92
' ' HISTORIC PRESERVATION BOARD
`CITY OF DELRAY BEACH --- STAFF REPORT ---
TING DATE: March 18, 1992
AGENDA ITEM: 2 & 3
ITEM: Variance No. 88-25 & COA 8-172 - Patio Shoppes
•
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ENERAL DATA:
Owner Patio Associates Limited
Agent Digby Bridges, Marsh & Assoc.
Location On the west side of Palm Street,
between Atlantic Avenue and S.E.
1st Street.
Property Size 0 665 Acres
City Land Use Plan Commercial Core &
Medium Density 5-12 du/acre
City Zoning CF (Community Facilities) and
CBD (Central Business District)
Adjacent Zoning North: CBD
East: RM, CBD, and CF
South: RM and CBD
West: RM and CBD
Existing Land Use Vacant
Proposed Land Use Construction of a 11,736 sqft.
commercial building.
Water Service Existing 8" water main along the
north side of Atlantic Avenue, and
an existing 2" line along Palm
Street.
Sewer Service Existing 20" sanitary sewer line
along Atlantic Avenue, and an
existing 8" line along the rear of
lots 4,5,6,7 and 8.
ti
ITEM BEFORE THE BOARD:
The item before the Board is that of consideration of the
following aspects of a development proposal for the Patio
Shoppes :
* Variances (#88-25)
* Site Plan
* Landscaping
* COA 8-172
* Architectural Elevations
The subject property is located on the west side of Palm Square,
between East Atlantic Avenue and S.E. 1st Street, within the
Marina Historic District.
BACKGROUN D:
Lots 42 and 43 once contained a residential structure. In 1979 ,
the structure was damaged by fire and was subsequently
demolished. Since then, these two lots have remained vacant.
Lot 44 contained a portion of the parking lot associated with the
Patio Delray Restaurant, which was located along Atlantic Avenue.
In 1986, a site plan and conditional use request was submitted to
the City. The site plan proposed to renovate and convert the
existing 11,434 sq. ft. restaurant into a 12,046 sq. ft. three
story structure containing a mix of a restaurant, retail shops
and offices. The conditional use request was to allow associated
parking on lots 42 and 43, which were zoned RM-10 .
At its meeting of April 14 , 1986, the Planning and Zoning Board
recommended approval of the site plan and conditional use request
for Patio Delray subject to conditions. During the meeting there
was lengthy discussion with regard to the traffic and parking
situation.
At the City Commission level, discussions continued with respect
to alternatives to provide the required parking. The item was
then referred to committee and there is no record of any
disposition. In 1989, the restaurant was demolished after being
damaged by fire.
At its meeting of February 25, 1992, the City Commission approved
a conditional use request and rezoning from RM (Medium
Residential) to CF (Community Facilities) to allow a parking lot.
The parking lot is to be utilized in conjunction with the Patio
Shoppes . The attendant site plan is now before the Board for
final action. The final action involves variances and waivers
which include the following:
HPB Staff Report
Patio Shoppes
Page 2
Variance:
* Section 4 .4 .21(H) CF Zone District, within the front yard
setback and any street side setback area, the first 10 '
abutting the right-of-way shall be a landscaped area.
The applicant is providing 5 ' instead of the required
10' setback.
* Section 4 . 6 .4 (E) Where CF Zoning abuts residential zoning a
minimum of 10 ' landscape area shall be provided.
Along the west property line only 8 ' has been provided.
Along the east property line only 5 ' has been provided.
Waivers :
* Section 5 . 3 . 1(D) (2) , 60 ' of right-of-way is required for a
Local Street.
Reduction in right-of-way from 60 ' to 40 ' for Palm
Square.
* Section 6 . 3 . 1(B) , Sidewalks for commercial purposes are
required to be 5 ' in width.
Reduction in sidewalk width from 5 ' to 4 ' .
PROJECT DESCRIPTION:
The development proposal is to construct two structures connected
with the roof, totaling 11,736 sq. ft. on the site of the former
Patio Delray Restaurant. The applicant states that uses include
shops and a restaurant on the first floor with one outdoor patio
seating area for the restaurant and on the second floor are
offices or artist studios . The ingress/egress to the site is
from Palm Square. The parking lot accommodates 41 parking
spaces . Along the west and south property lines, a 6 ' solid
masonry wall will be provided along with associated landscaping.
SITE PLAN ANALYSIS
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3 . 1 . 1 (Required Findings) , prior to the
approval of development applications, certain findings must
be made in a form which is part of the official record.
This may be achieved through information on the application,
the staff report, or minutes . Findings shall be made by the
body which has the authority to approve or deny the
development application. These findings relate to the
following four areas .
HPB Staff Report
Patio Shoppes
Page 3
Future Land Use Map: The use or structures must be allowed in
the zoning district and the zoning district must be consistent
with the land use designation.
A portion of the property (Lots 42,43 & 44) has a CF zone
designation. CF (Community Facilities) is deemed compatible
with all land use designations shown on the Future Land Use
Map.
The balance of the property is zoned CBD (Central Business
District) . CBD is deemed compatible with the Commercial
Core designation on the Future Land Use Map.
Concurrency: Facilities which are provided by, or through, the
City shall be provided to new development concurrent with
issuance of a Certificate of Occupancy. These facilities shall
be provided pursuant to levels of service established within the
Comprehensive Plan.
Water:
Water service to the site exists via a 2" main located along the
east side of Palm Square and an 8" main located along Atlantic
Avenue. The 2" main extends from S.E. 1st Street and terminates
100 ' south of Atlantic Avenue. The 2" main is not sufficient to
provide adequate fire suppression to the site. The upgrading of
the 2" main to an 8" main will be required.
There was a proposal to extent the main with the Brandy' s site
and development plan. However, that was deferred until there was
a need to provide fire suppression. The proposed main extension
and fire hydrant associated with Brandy' s will be installed as a
part of this site plan action. The 8" main will run along the
east side of Palm Square terminating north of the Brandy' s
entrance at a fire hydrant. A 2" domestic line will be extended
west from the fire hydrant to service the proposed Patio Shoppes
building.
Sewer:
An existing 8" sanitary sewer main is located along Palm Square
and along the rear of lots 4,5,6,7,& 8 . No sewer main upgrading
or extensions will be required with the overall development
proposal. The survey provided does not indicate that there is a
utility easement which covers the existing main.
Drainage:
Drainage will be accommodated on-site through the provision of an
exfiltration system and swales .
• HPB Staff Report
Patio Shoppes
Page 4
Streets and Traffic:
The preliminary traffic study indicates that the development
meets concurrency. However, final approval will be required by
Palm Beach County since the projected traffic volumes exceed
1,000 ADTs .
The traffic study as submitted, indicates that there will be 188
trips utilizing the driveway during the peak hours . There
appears to be a disparity between the number of provided parking
spaces and what will actually be needed to handle the amount of
traffic for the intended uses. It should be noted that parking
requirements in the CBD are generally less stringent than
elsewhere in the City. This reduction is predicated upon the
following: a) the availability of nearby public parking, b) the
tendency of people who work downtown to walk to shopping located
within a few blocks, c) a substantial amount of pedestrian
traffic coming from business where the customer leaves their
vehicle in one lot.
There are several deficiencies in the traffic report and it will
need to be corrected. The Director has allowed processing to
continue even though the report has those deficiencies .
Parks , Open Space Solid Waste:
Commercial developments are not required to provide park
dedication fees .
A double wide dumpster has been provided to accommodate solid
waste. A development of this size will have a minimal impact
upon the land fills .
Consistency: Compliance with the performance standards set forth
in Section 3 . 3 .3 along with the required findings in Sections
2 .4 .5(F) (5) (General Compatibility and Harmony with Adjacent
Properties) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found
in the adopted Comprehensive Plan may be used in making of a
finding of overall consistency.
Section 3 . 3 . 3 (Standards for Site Plan Actions) : The applicable
performance standards of Section 3.3.3 and other policies which
apply are as follows :
A) Building design, landscaping, and lighting (Glare) shall be
such that they do not create unwarranted distractions or
blockage of visibility as it pertains to Traffic Circulation.
The parking lot is designed in such a way that two dead-end
parking bays are created. The parking area to the north has a
potential for blockage of visibility. If the parking lot is full,
a vehicle must back out in order to turn around. It may be
HPB Staff Report
Patio Shoppes
Page 5
appropriate to provide the handicap spaces at the west end of the
parking lot for the purpose of a turn around, as these spaces
would not be utilized as frequently. The parking area to the
south is fairly short and does not appear to have the same
visibility problems .
B) Appropriate separation of travelways is made for vehicles,
bicycles, and pedestrians in a manner consistent with
objective D-i of the Traffic Element.
The development proposal meets the above standard by providing a
very pedestrian oriented development as it relates to Atlantic
Avenue. An extensive sidewalk system is provided adjacent to
Atlantic Avenue which traverses through the building to the rear
parking lot. Also, the sidewalk is extended along the length of
the east property line. There is a clear separation for
pedestrians and travelways for vehicles. No provision has been
made for bicycle racks . However, they would be appropriate being
that it is in an urbanized area with a minimal amount of parking
spaces . Accommodating such alternative means of transportation is
encouraged.
C) Open space enhancements described in Open Space and
Recreation Objective B-1, are appropriately addressed.
Objective B-1 states that "Part of the imagery of open space is
that of vistas and streetscapes" . The policies which accomplish
this objective appear to apply to larger developments which can
provide large open spaces and includes City street beautification
programs . However, the Patio Shoppes development proposal meets
this objective as well .
Even though the City street beautification program is intended
for "scenic drives" and pertains to the beautification of the
medians, the proposal to extend the Atlantic Avenue streetscape
interior to the site and along Palm Square which keeps within the
theme of the street beautification program.
Another policy which is "part of the imagery" states that new
developments shall provide central focal points at entries and
landscape buffers along the external streets which service them.
The development proposal meets this criteria by providing an
opening in the middle of the building where there is a view/vista
to a fountain. In this case heavy landscaping is not provided,
however, it is replaced with hardscape materials which is
probably more appropriate given its location in an urbanized
area.
D) That any street widening associated with the development
shall not be detrimental upon desired character and
cohesiveness of affected residential area.
HPB Staff Report
Patio Shoppes
Page 6
It was determined with the Brandy' s site plan, that the widening
of Palm Square to the standard 60 ' right-of-way section, would be
detrimental upon the character of the residential area to the
south. This would also hold true for this development proposal .
Therefore, a waiver is being requested for the reduction of
right-of-way to 40 ' .
E) [Development of vacant land which is zoned for residential]
This standard does not apply.
F) Vacant property shall be developed in a manner so that the
future use and intensity are appropriate in terms of soil,
topographic, and other applicable physical considerations
complementary to adjacent land uses .
See discussion on page 5 of this report under Comprehensive Plan
Policies which apply.
G) [Demographic mix]
This standard does not apply.
Section 2 .4 .5(F) (5) (Site Plan Findings) :
Pursuant to Section 2 .4 .5 (F) (5) (Findings) , in addition to
provisions of Chapter Three, the approving body must make a
finding that development of the property pursuant to the site
plan will be compatible and harmonious with the adjacent and
nearby properties and the City as a whole, so as not to cause
substantial depreciation of property values .
The subject property is located in the central business district.
To the north, east and west are commercial developments . To the
south and west of the south parking lot are residential uses . At
the time of the conditional use request and rezoning for the
parking lot, a determination was made that the CF zone district
was a good buffer between the commercial uses and the residential
uses . A parking lot is less intense than a commercial use
abutting residential uses . The development should help as a
catalyst for redevelopment in the CBD. The proposed development
should attribute to an appreciation in property values in the
surrounding area.
Another aspect of compatibility involves congestion and traffic
flows as it relates to this project. These items discussed in
the following paragraphs :
Congestion:
The traffic study as submitted, indicates that during the morning
peak hours there will be a total of 115 trips per hour and the
evening peak hours there will be a total of 188 trips per hour.
HPB Staff Report
Patio Shoppes •
Page 7
parking lot will
Per the report, it can could conStaffd that the will be fewer
highly congested. However, due feelst therethe availability ofr
be hig Y states,
vehicle trips than the report
parking in downtown.
Traffic Flows : an
Traffic through the residential area to the south the restriction
been
an
with this prop
issue in the past. However,
to make left turn movements onlso Atlantic A trial has
basis
been forrremovone
The removal of the sign
year. Commission agreed to
Also, at its meeting of March 11, the City
closure of Palm Square with a turn-around on Commissiio
on
the See attached excerpt from the City can be Commission
Documentationhcpes property. A positive finding
with adjacnet neighborhoods as long as the
made
labled "Exhibit A
regarding compatiblity
closure of Palm Square exists.
Com liance with the Land Develo pent Re ulations: ulations shall
Item identified ain the Land ddressed byDevelopment e9
the body taking final action on
specifically bea land development application/request.
Parkin [REF.
required in the CBD is 1 space per 300 sq. ft.
Parking sq. ft of gross floor
There is a total of 11,73 of 41 parkingflor
area
whi(G)ch
would parkingspaces .
area which would require 40
spaces have been provided.
e Site Data there is 1,332 sq. ft called out for the sidewalk
area, which is located a
In th t to the patio shops under the
adjacent
there is one addition
• overhang of the second story. area may be
utilized.parking spal
ace,ace, 300 sq. ft. of outdoor dining
wishes to increase the outdoor
If the applicantoptions identified in the
dining, it would require one of the
attached memo from Diane Dominguez. is required
Pursuant to Section 5 .3 . 1(D) (2) , 60 ' of right-of-way
Square has an existing
•Palm
for a local collector street. proposal, this item was
right-of-way of 40 ' . With the Brandy' s Pro P
addressed and was determined ore reo create a more non-conforming
situation with Brandy' s . The the City Engineer was inThe applicant
is
support of the reduction in right-of-way•
westing the same reduction for the Patio Shoppes . The HPB has
re authority q to waive this requirement.
thelicant is
Along with the reduction in right-of-way width, the app
om
5 '
req
o
uesting uesting a reduction in the required sidewalk the 4fr width to
4 ' [REF. 6 . 3 . 1(B) ] •
It is appropriate to provide
d
area
een the
that it provides additional sthee sidewalk et This area edge
can be
pavement for Palm Square and
tilized for drainage purposes .
HPB Staff Report
Patio Shoppes
Page 8
It may even be appropriate to eliminate the sidewalk from the
edge of the parking area south. With the Brandy' s proposal the
sidewalk requirement was waived. The Board may wish to discuss
this at further length at the meeting when the applicant is
present.
Setbacks :
Within the area encompassed by the boundaries of the DDA
(Downtown Development Agency) , there is no required front,
interior, side or street side setback. If there is no dedicated
access to the rear of the building, a 10 ' setback is required
[REF. 4 .4 . 13(G) (2) ] .
The building setback provides a zero setback to the front, side
interior and side street with access to the rear of the building.
Therefore, the development proposal meets this requirement.
Pursuant to Section 4 .6 .4(E) , where a CF zone district is
adjacent to a residential district, whether separated by a street
or alley, a special district boundary treatment is required. A
landscaped setback of 15 ' ; or a landscaped setback of 10 ' and
either a six foot solid masonry wall or continuous hedge at least
4 1/2 ' in height is required. The site plan indicates :
* a 10 ' landscape setback with a 6 ' solid masonry wall
will be provided along the south property line;
* an 8 ' landscape setback with a 6 ' solid masonry wall
will be provided along the west property line adjacent
to the residential property, and;
* a 5 ' landscape strip will be provided along the east
property line (frontage along Palm Square) .
With respect to the west property line, the reduction of the
landscape area by 2 ' will not be a concern as a wall will be
provided on the property line. Along the east property line
there is approximately 50 ' which is affected by this code
requirement, of that 50 ' , only 20 ' does not meet the 10 ' setback.
Due to the tightness of the site, and the small area which is
affected, it would be appropriate to grant a variance for the
above requirement.
Along with the above requirement, pursuant to Section 4 .4 .21(H)
CF Zone District, within the front yard setback and any street
side setback area, the first 10 ' abutting the right-of-way shall
be a landscaped area. This would apply to the CF zone district
which abuts Palm Square along the south parking lot. Again, it
would be appropriate to grant a variance as it effects only a
portion of the property along the east side.
*NOTE: Attached are the applicant' s justification statements
and criteria for basis of granting a variance
REF:2 .4 .7 (A) , 4 .5 . 1(J) ] . •
HPB Staff Report
•
Patio Shoppes
Page 9
Building Height: ,
Buildings within the CBD may be up to 48 ' in height. The
proposed building height is 29 ' . Therefore, this requirement has
been met.
Open Space:
Pursuant to Section 4 . 3 .4 (K) , 25% of non-vehicular open space is
required. The development provides for 32 .5% of open space.
OTHE R:
Plat:
Through the review process, it was discovered that the Palm
Square Plat was never recorded. Also, it has been identified
that no utility easements have been provided to cover the FPL
lines and sewer main which runs east/west behind lots 4-8 . Along
the east property line, a portion of the public sidewalk is
located on private property. In light of the above, it would be
appropriate to plat the property in order to provide the
necessary easements. The applicant has verbally agreed to plat
the property.
Overhead Power Lines:
Pursuant to Section 6 . 1. 8 all new development is to provide
utility structures such as electric power underground. There is
overhead power lines which traverse the site. These lines are
esthetically unpleasing and should be located underground. The
applicant may request a waiver from this requirement from the
City Commission.
LAND S CAP E ANALYSIS
Pursuant to Section 4 . 6 . 16 (H) (3) (d) a 5 ' landscape strip is
required between vehicular use areas and adjacent properties .
Only 4 ' has been provided at the west end of the north parking
lot. The applicant has provided a justification statement which
indicates that on an average this requirement has been met. The
Board should make a recommendation to the City Commission
regarding this waiver request.
In general, the proposal meets the intent of Section 4 . 6 . 16 . The
parking lots are the only areas being landscaped as the building
has a zero setback long the east, west and north sides therefore,
no landscaping can be accommodated. It is noted that palm trees
exist along Atlantic Avenue, within the street right-of-way, as
part of the streetscape beautification program.
HPB Staff Report
Patio Shoppes
Page 10
There are proposed trees located on top of the existing sanitary
sewer line. These trees will need to shifted in order to not be
in conflict with the utility lines .
ELEVATION ANALYSIS
The elevations appear to have a "Mizner" design character. The
roof material is to be a terricotta barrel tile. The base of the
building is to be painted a light pink with light yellow columns
and white accent bands . The color combination keeps within the
"Caribbean flavor" which seems to be the theme developing along
Atlantic Avenue.
REVIEW BY OTHERS:
COMMUNITY REDEVELOPMENT AGENCY:
At its meeting of March 5, 1992, the Community Redevelopment
Agency reviewed and recommended approval of the site and
development plan requests . With the recommendation that outside
dining should be maximized in the project and that parking
requirements for this additional seating be waived.
DOWNTOWN DEVELOPMENT AUTHORITY:
This item will be presented to the DDA at its March 16 meeting.
The DDA' s recommendation will be presented to the Board at its
meeting.
ASSESSMENT AND CONCLUSION:
The development proposal appears to meet most of the LDR
requirements and required findings . The variances and waivers
are being requested in order to maximize the parking. A plat
will be required to accommodate all the necessary easements . A
water main extension will be required in order to provide the
necessary fire suppression for the building.
There is some concern over the parking and congestion, even
though, the parking provided meets code requirements for the CBD.
The traffic study, as submitted, indicates that there will not be
enough parking to accommodate traffic at peak hours. The study
does not take into account any outdoor seating which may be
provided in the future. However, there is alternative parking
available along Atlantic Avenue and public parking lots in the
vicinity of the site.
Overall, the proposed development will encourage redevelopment
and revitalization to Atlantic Avenue and downtown City of Delray
Beach.
HPB Staff Report
Patio Shoppes
Page 11
ALTERNATIVE ACTIONS:
A. Continue with direction.
B. Deny the site and development request with basis stated.
C. Approve the site plan, variances, landscape plan, COA 8-172
and elevations for the Patio Shoppes .
STAFF RECOMMENDATION:
By separate motions :
1 . Approve of the site and development plan request for the
Patio Shoppes based upon positive findings with respect to
Chapter 3 (Performance Standards) of the Land Development
Regulations, policies of the Comprehensive plan and Section
2 .4 .5(F) (5) with the following waivers, variances and
conditions :
Variances:
cc v
��- Approve the following variance request based upon positive
findings pursuant to Section 2 .4 .7(A) (5) and 4 .5 . 1(J) :
a. Approve the variance request from Section 4 .4 .21(H) to
reduce the setback from 10 ' to 5 ' along the east
property line.
b. Approve the variance request from Section 4 . 6 .4 (E) , to
reduce the setback from 10 ' to 8 ' along the west
property line and 10 ' to 5 ' along the east property.
Waiver:
a. Approve the request to reduce the right-of-way width
from 60 ' to 40 ' .
b. Approve the request to reduce the sidewalk width from
5 ' to 4 ' ; or if appropriate, approve the elimination of
the sidewalk from the edge of the parking lot to the
south property line with a treatment similar to
Brandy' s .
c. Recommend approval to the City Commission regarding the
waiver request from Section 4 .6 . 16(H) (3) (d) to reduce
the required 5 ' landscape strip along the west property
line adjacent to the north parking lot to 4 ' .
HPB Staff Report
Patio Shoppes
Page 12
Conditions :
a. That a plat be recorded for the subject property to
include the necessary easements as outlined in this
staff report.
b. As appropriate, depending upon disposition of variance
and waiver items .
c. Provide the overhead power lines underground pursuant to
Section 6 . 3 .8 .
2 . Approve the landscape plans based upon positive findings
pursuant to Section 4 .6 . 16 .
3 . Approve the Elevations based upon positive findings pursuant
to Section 4 . 6 . 18.
Attachments :
* Section 2 .4 . 7 (A) (5) and Section 4 .5 . 1( j )
* Site Plan
* Justification Statements
EXCERPT FROM CITY COMMISSION DOCUMENTATION
(Exhibit A)
TRIAL CLOSURE OF PALM SQUARE:
During the Commission' s consideration of the rezoning ordinance
on first reading, there were comments made about traffic flow.
In response to that concern (and to petitions received from Palm
Square property owners) , your staff is proposing the following
on a trial basis :
* The closure of Palm Square to through traffic by placing a
barrier (as used in Delray Estates) across Palm Square at
the scuth end of the "Brandy' s" parking lot. A hammer turn
around would be provided on the proposed (CF) parking lot
site until construction of the Patio Shoppes commences .
* When construction commences, the turnaround and barrier
would be relocated to the southwest corner of Lot 42 (this
will necessitate the resident next to Brandy' s parking lot
to take access from the north.
If during the above period we witness greater congestion and
accident history at Palm Square and Atlantic, the trial period
would be terminated. If after the above periods, it is es
ired
to make the barrier and turn-around permanent, appropriate
actions to do so will occur.
Rationale: It is thought that by using the above "trial"
approach, we can assess traffic flow and congestion impacts
before we nave the influence of 100% operation of the Patio
Shoppes and of Brandy' s Restaurant. If problems occur at this
lesser level of intensity, the prohibition should be removed.
If no problem arise and the increased intensity does not create
problems, then the prohibition should become permanent.
Arrangements to accommodate the above closings will be handled
through staff contact with the property owners and through
accommodations on the site plan.
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•
section 4 .5 . 1 (J)
(J) Historic Preservation Branded tin Section 2Variance
Requests: Pursuant to the powers
th Historic Preservation Board
DBstrictsorll on act on Historicll Siteariance
which
requests , within a Historicthe Board of Adjustments . In
otherwise would be acted upon bythe
acting on such variancer�heests the criteriaBnormallylused byithe by
following in addition to
of Adjustments .
( 1) That a variance is necessary to maintain the
historic character of property through demonstrating that:
(a) A variance would not be Wonfrar to the
public interest, safety, or
(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 land—
structures, appurtenances, signs,
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 requested
mum
the
necessary toomaintain the preservation
historic character of a historic site or of a
historic district.
(2) The Board shall findings e follow asofltherBoadudreof
impose conditions, and make as
Adjustments .
BASIS FOR VARIANCES
Pursuant to Section 2 . 4 .7 (A) (5) , the Historic Preservation Board
must make the following findings prior to granting a variance:
(A) That special conditions and circumstances exist which are
peculiar to the land, structure, or buildi.ig involved and which
are not generally applicable to other lands, structures, or
ing
The matter of
buildings subject
not constitute a nbasis ( economic
for the gr nting ofa
hardship
variance) ;
e
tions
(B) That literal interpretation
rghts 1 ommonlyhenjoyeda would
the applicantby other properties
subject to the same zoning;
(C) That the special conditions and circumstances have not resulted
from actions of the applicant;
(D) That granting the variance will not confer into the applicant
any special privilege that is denied to other lands ,
structures, and buildings under the same zoning. Neither the
permitted, nor nonconforming use, of neighborhood lands ,
structures, or buildings under the same zoning shall be
considered grounds for the issuance of a variance;
(E) That the reasons set forth in the variance petition justify the
granting of the variance, and that the variance is the minimum
variance that will make possible the reasonable use of the
land, building, or structure; and,
(F) That the granting of the variance will be in harmony with
general purpose and intent of existing regulations, will not be
injurious to the neighborhood, or otherwise detrimental to the
public welfare.
Pursuant to Section 4 .5 . 1(J) , in addition to the above criteria, in
acting on varianc requests the Board shall also be guided by the
following:
( 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.
1
rays lv
pp-
(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
ena not
applicable
a to
other lands, structures, app
buildings in the same zoning district, which have not
been designated as historic sites or a historic
district nor listed on the Local Register of Historic
Places .
(c) Literal interpretation of the provisions of existing
ordinances would alter the historic site to such an
extent that it would not be feasible to preserve the
historic character, of the historic district or
historic site.
essary
(d) The variance requeste tions ofhe minimum the historicc character
to
maintain the preserva
of a historic site or a historic district.
T;SUNLOT3 .DOC
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: HISTORIC PRESERVATION BOARD MEMBERS
FROM: DIANE DOMINGUEZ, PLANNER III
DATE: MARCH 10, 1992
RE: ALTERNATIVE APPROACHES TO PARKING FOR OUTDOOR SEATING
AREA - PATIO SHOPPES
The purpose of this memo is to clarify the options which are
available for addressing a potential parking shortage at the
Patio Shoppes development.
Plans which were initially submitted for review indicated that
outdoor seating would be available in the courtyard adjacent to
the ground floor restaurants . Staff noted at the time that the
parking shown on the plan was not sufficient to accommodate both
the areas under roof and the outside seating area.
Subsequently, we have had additional discussion with the project
architect regarding this issue. The architect has indicated
that the outdoor area which might be used for seating is
approximately 600 square feet in size. Under the CBD parking
requirements, one parking space must be provided for each 300
square feet of floor area. Therefore, two parking spaces would
have to be provided for this use in addition to those required
for the uses inside of the building.
The existing site plan provides 41 parking spaces for the
building itself, where 40 spaces are required. This leaves a
shortage of 1 space if the outdoor seating area where included
in the plan. According to the project architect, it is not
possible to redesign the parking lot to include the additional
space.
The options for addressing the parking shortage are as follows :
1. Provide parking off-site.
Required parking can be provided off-site on other property
located within 300 feet, as long as both properties are of
the same general type of zone designation. Such an
arrangement would be subject to an agreement between the
property owners stating that the parking shall not be
transferred or sold separately from the use which it is
intended to serve. Through this mechanism, the additional
parking space could come from the Brandy' s lot, located
across Palm Square from the subject property.
To: HPB
Re: Alternative Approaches to Parking for ' A
Outdoor Seating Area - Patio Shoppes
Page 2
2 . Provide a sidewalk cafe in conjunction with the
outside seating.
If tables were placed in the right-of-way as well as on the
property, and if the proper permits were obtained, the
outside dining area could qualify as a sidewalk cafe. The
parking requirement for the entire outside area would then
be waived. It should be noted, however, that this section
of the sidewalk (east of 5th Avenue) is within the Florida
Department of Transportation right-of-way, and would
require that agency's approval as well as the City' s .
3 . Payment in-lieu of parking.
In the CBD zoning district, payment can be made for parking
which is required but cannot be provided on site. The
payment rate is $2,500 per space. The fee must be paid
prior to the issuance of a building permit. Fees paid
in-lieu of parking must be approved by the City Commission.
4 . Accommodation as a non-impacting amendment.
A special CBD parking task team may recommend that when a
small scale addition is made to existing uses, a waiver be
automatically granted for one to three parking spaces . If
such a waiver option existed, the outdoor dining are could
be added post construction of the new building and, thus,
not be subject to providing additional parking or payment
of an in-lieu fee. It is not known when this
recommendation will be processed through the Planning and
Zoning Board and on to the City Commission.
5 . Apply to the Historic Preservation Board for a
variance to the parking requirement.
The applicant could seek a variance from the code to
provide 41 parking spaces where 42 are required. Since the
property is in an historic district, this variance would be
heard by the Historic Preservation Board. The applicant
would be required to demonstrate why a variance is
necessary for this property. The Historic Preservation
Board would have to make findings relative to special
conditions which exist on the land which create a hardship
with respect to meeting this particular code provision.
Any of these options could be acted upon at a future date, after
a decision has been made as to the use of outdoor seating.
Staff felt, however, that it is appropriate at this time to
inform the Board and the applicant of the various alternatives,
in order to allow adequate time to decide on a course of action.
Digby Bridges, Marsh & Associates, P.A.
•
124 N.E. 5TH AVENUE, DELRAY BEACH, FL 33483
407-278-1388
✓� Qom. "'a
4 March 1992
Ms. Janet Meeks
City of Delray Beach
100 NW 1st Street
Delray Beach, FL 33444
RE: Patio Shoppes
Dear Janet:
In regards to Item #6 - Width of Right-of-Way, we are requesting
that this remain at the existing 40' width. This is in an
historical district and to increase the right-of-way width by
taking a further 10' either side of the existing right-of-way would
be very detrimental to the area, and in particular, to the
residences to the south of the Patio Shoppes development. To leave
the right-of-way at its present width is not detrimental to the
area, and is more in keeping.
In regards to Item #7 sidewalk of 4' width. Here, once again,
there are no sidewalks in the area, with the exception of the
recently installed sidewalk from Atlantic Avenue onto the renovated
parking lot of Brandy's Waterfront Cafe. This is a very limited
sidewalk, but it does service the area it is intended to service.
Bearing in mind these aspects of the area, it is felt that a 4'
sidewalk is quite adequate for the western side of Palm Square. As
it is now shown on the drawing, this 4' wide sidewalk extends to
the south of the Patio Shoppes site. We would be grateful if the
Board would consider this sidewalk only extending from Atlantic
Avenue to the northern side of the entrance way to the parking lot.
This, along with the 4' width, we feel would be more appropriate
for the area, and that the 4' width is quite adequate to service
the said development.
r .1
CK-1RT EKED ARCHITECTS -PLANNERS-LVTERIOR DESIGNERS
Ou
One further point we wish to clarify is that of uses. TOurtclient
is requesting all uses allowed under the CBD zoning.
study has been prepared presuming that both areas on the 1st floor
could be small restaurants.
Kind regards,
Yours sincerely,
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
1
Digby C. Bridges, A.I.A. , R.I.B.A.
DCB/sl
Did r Bridges, Marsh & Ass' gates, P.A.
' 124 N.E. 5TH AVENUE, DELRAY BEACH, IL 33483
407-278-1388
--- ---------
2 March 1992
Ms. Janet Meeks
Planning & Zoning Dept.
City of Delray Beach
100 NW 1st Street
Delray Beach, FL 33444
RE: Patio Shoppes
Dear Janet:
In regards to item 4 of your February 25th transmittal, we wish to
request for a waiver on this particular aspect of the site design.
It is felt that the charter of this historical district and other
historic districts is brought about by a great variety of building
set backs, landscape strips of various widths, parking directly off
the street, etc. It is also felt that this is a minor request
bearing in mind that this 5 ft. variance to the codes requirements
only exists for 10 ft. of the 50 ft. of CF zoned area that is
directly opposite the RM zoned area on the other side of Palm
Square. One other point is taken into account regarding this
request, and that is the average depth of landscaping along this 50
ft. is +14 ft. There is also a hedge along the complete length of
this boundary. Bearing all these facts in mind, it is requested
that the Board grant a waiver from Section 4.4.21(H) CF Zone
District.
Item 5 of your February 25th transmittal, we are also requesting a
waiver from the Board. The same argument exists in regards tot he
charter of this area as other historic areas. This is also a minor
request of omitting only 2 ft. more of landscaping for a distance
of 24 ft. along a boundary of 75 ft. length, where the average
landscape strip is greater than 11'0" . Bearing all these facts in
mind, it is requested that the Board grant a waiver from Section
4 . 6. 5 (E) where CF zoning abuts residential zoning.
We feel that both these variances are the absolute minimum
necessary to maintain the preservation of the historic character of
the area. .,
V .;:-,: ''':-
,w1), 3 1992
�,,,r,.�� ''\j(- &-/c)N 1��u
CHARTERED ARCIIITEC7'S-PL4AXERS-I.\TERIOR DESIGNERS .
•
Dig Bridges, Marsh & Ass( '.ates, P.A.
124 N.E. 5TH AVENUE, DELRAY BEACH, FL 33483
407-278-1388
rr-S
2 March 1992
Ms. Janet Meeks
Planning & Zoning Dept.
City of Delray Beach
100 NW 1st Street
Delray Beach, FL 33444
RE: Patio Shoppes
Dear Janet:
In regards to Item 2 in your transmittal of February 25, 1992 , the
4' strip of landscaping at the northwest end of the northern
parking area. As this strip of landscaping is only 1' shy of the
required 5' landscape strip, and it occurs only for a distance of
24'0" in relation to the overall 70' length of the boundary, and
that the average depths f meetsc the landscaping intentis over
of 8' in the code,depth,and we
it is
felt that this adequately
cordially request a waiver for this 1' strip of landscaping.
Items 1 and 3 have been addressed on the site plan. See
adjustments to the plans.
Kindest regards,
Yours sincerely,
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
Digby C. Bridges, A.I.A. , R.I.B.A.
DCB/sl
V,V
•
CHARTERED ARCHITECTS -PL4 HERS -INTERIOR DESIGNERS
We would also like to point out that to meet those required
landscape strips, that at least four parking spaces would be
omitted which, in our opinion, wold be more detrimental to the
area.
We thank you for the help given to us on this project.
Kind regards,
Yours sincerely,
DIGBY BRIDGES, MARSH & ASSOCIATES, P.A.
5j1i" \V\
Digby C. B dges, A. I.A. , R. I.B.A.
DCB/sl
•
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_ PALM SQUARE _ _ _
•
•
•
- ElORANCE TO BRANDY'I S� I
'PARKING AREA / I t I I- —I ,el-;.
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: HISTORIC PRESERVATION BOARD MEMBERS
FROM: JANET MEEKS, PLANNER IIc t ,
DATE: MARCH 16, 1992
RE: PATIO SHOPPES
Mrs . Alieda Riley of the Palm Square - Marine Way Homeowners
Association, requested that the attached information regarding
the closure of Palm Square be forwarded to the Board as
additional information for the Wednesday, March 18, 1992
meeting.
JM/dlm
Attachment:
* Petitions
PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION
DELRAY BEACH, FLORIDA
February 17, 1992
REPLY TO:
65 Palm Square
Delray Beach, FL 33483
TO THE MEMBERS OF THE DELRAY BEACH PLANNING AND ZONING BOARD:
The members of the Palm Square-Marine Way Homeowners Association have reviewed the
plans for the development of the southwest corner of Atlantic Avenue and Palm Square.
In order to accomodate this added burden of traffic and parking in a historical
residential area, we hope every effort will be made to gain access to Seventh Avenue
and to close Palm Square between the residential and the commercial zoned areas.
The development of Brandy's and elimination of the "No Left Turns" at Atlantic Avenue
and Palm Square are causing a tremendous increase in the traffic through the Marina
Historic District. In addition, Brandy's is now creating a large sidewalk cafe on
Marine Way and in the future will , no doubt, open second and third floor.
As you know, Mr. Handelsman has submitted plans for a two-story, 11,376 square foot
building on the corner of Palm Square and Atlantic Avenue. The building will house
stores, offices, andf restaurants including a sidewalk cafe. The small number of
parking spaces indicated will never be adequate for that number of businesses. An
added problem will be trucks unloading on Atlantic Avenue. The overflow will park on
the streets throughout the neighborhood.
We want commercial development but the neighborhoods deserve consideration. Come
and look at the area. Almost every parking space is filled at Brandy's, the Park,
and Atlantic Plaza at noon and in the evening when the Paddleboat goes out and the
stores and restaurants are operating.
With access to Seventh Avenue, traffic could be routed to the city parking lot next to
Victorio's and behind Best Western; all through commercially zoned areas, not resi-
dential . Traffic could be kept out of the neighborhoods and would have access to both
lanes of U.S. #1 via the traffic light at Seventh Avenue and Atlantic Avenue.
Please give this problem serious consideration when you review this project.
Veer truly yours, t
Ali1.aN Rily
Dr. C. ob
;,,,,mot
cc: Mayor and City Commission mme -C. Bowen
City Manager
Traffic Manager
eL�,n0;3) koopes /ie
PALM SQUARE - MARINE WAY HOMEOWNERS ASSOCIATION
DELRAY BEACH, FLORIDA RECEIVED
FE8 2-4 1992
RERtYccMMISSION
JANUARY 9, 1992
ATTACHED PLEASE FIND COPIES OF PETITIONS FROM PROPERTY OWNERS IN
THE IMMEDIATE AREA WHO BELIEVE THAT IN ORDER TO PROTECT THE QUALITY
OF LIIE IN THE RESIDENTIALLY ZONED MARINA HISTORIC DISTRIC, PALM
SQUARE SHOULD BE CLOSED AT THE NORTH END BETWEEN THE COMMERCIAL AND
THE REIDENTIAL AREA, WITH A TURN AROUND.
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ALIEDA N. RILEY, CHAIRPERSON
THE ORIGINALS WERE GIVEN TO MR. HARDEN ON JANUARY 9, 1992
WE THE UNDERSIGNED, RESIDENTS OF DELRAY BEACH, FLORIDA, BELIEVE
THAT IN ORDER TO PROTECT THE QUALITY OF LIFE IN THE RESIDENTIALLY -
ZONED MARINA HISTORIC DISTRICT, PALM SQUARE SHOULD BE CLOSED
AT THE NORTH END BETWEEN THE COMMERCIAL AND THE RESIDENTIAL AREA,
WITH A TURN AROUND.
DATE NAME ADDRESS
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WE THE UNDERSIGNED, RESIDENTS OF DELRAY BEACH, FLORIDA, BELIEVE
THAT IN ORDER TO PROTECT THE QUALITY OF LIFE IN THE RESIDENTIALLY
ZONED MARINA HISTORIC DISTRICT, PALM SQUARE SHOULD BE CLOSED
AT THE NORTH END BETWEEN THE COMMERCIAL AND THE RESIDENTIAL AREA ,
WITH A TURN AROUND.
DATE NAME ADDRESS
//1/72 (5- *X6 144/
1 1/ 99,1-- 5�m ; l- 33165
oh'2 LA • s Y
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THE UNDERSIGNED PROPERTY HOLDER IN DELRAY BEACH, FLORIDA BELIEVES
THAT IN ORDER TO PROTECT THE QUALITY OF LIFE IN THE RESIDENTIALLY -
ZONED MARINA HISTORIC DISTRICT, PALM SQUARE SHOULD BE CLOSED AT
THE NORTH END BETWEEN THE COMMERCIAL AND THE RESIDENTIAL AREA,
WITH A TURN AROUND.
DATE NAME ADDRESS
3 7 z- •ry ft A1b P/ 6 o �i4c•�t c�t,�
•
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4
JANUARY 9, 1992 • -
MR . ALEXANDER CAMPBELL, WHO OWNS PROPERTY AT 53 PALM SQUARE,
HAS INDICATED THROUGH HIS AGENT, MR. STEVEN BATES, THAT HE WILL
BE IN AGREEMENT WITH THE MAJORITY OF THE RESIDENTS OF PALM SQUARE.
• / %C..7) 7
ALIEDA N. RILEY
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AGENDA ITEM 4
COA 8-175
310 N. Swinton Avenue
Dean Hoffman, Owner
This fence was installed without a permit or COA approval.
Possible action
1. Deny the COA and have the fence removed.
2 . Approve the COA with the following modification:
A. That the fence and gates be covered in wood.
The wood is to be painted (specify color) and
appropriate landscaping is to be planted and
maintained in front of the fence.
7
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 Board meets on the first and
third Wednesday of each month. This application must be filed
15 days prior to the next available meeting.
Address of Property 3/Q 4!-S'G}/4/72 y /4UC
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Affix One Clear Picture
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PROFESSIONAL LAND SURVEYOR .
118 N.E. 16TH COURT (407)276-7575 DELRAY BEACH, FLORIDA 33444
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10C N :'; �_. : . E'•.UE • DELRAY BEACH, FLORIDA 33444 • 407/243-7000
February 10, 1992
Mr. Dean Hoffman
310 N. Swinton Avenue
Delray Beach, FL 33444
Regarding: 310 N. Swinton Avenue. Chain link fence and
gates installed without a building permit or
Certificate of Appropriateness .
Dear Mr. Hoffman.
Your property is located in the Old School Square he Historic
District. Pursuant to Section 2 .4 . 6 (J) ( 1) ( )
of nd
Development Regulations any modification to the exterior of
a building within an historic district, including fencing,
must be approved by the City' s Historic Preservation Board
or its administrative staff through the Certificate of
Appropriateness (COA) process .
The building permit application for your chain link fence
has come to me for COA staff approval . Chain link fences and
gates in front yards, or visible from the street, are
inappropriate in historic districts and therefore cannot be
approved administratively.
It will be necessary for you, or your authorized agent, to
come before the Historic Preservation Board for approval to
allow this fence to remain. I am enclosing a COA application
for you to complete please include the items I have checked
on page 5 . If you plan to appoint an agent to represent you
you will find that form on page 8.
The next meeting of the Historic Preservation Board is
Wednesday, March 4 , 1992 at 6 : 00 PM in the First Floor
Conference Room at City Hall . The completed application
must be returned to me by February 21, 1992 . If you have any
questions please phone me at 243-7284 .
Sincerely,
Patricia Cayce
Historic Preservation Planner
T -- F �V� ,
March 10, 1992
COA 8-166C
Renaissance Dental Studio
503 N.E. 2nd Avenue
On March 6, 1992 Mr. Kunze's architect came to the building
department for a permit to enclose the garage door. He
informed me that Mr. Kunze wanted to alter the approved
design for the west facade. The requested change is to omit
enclosing the breezeway and install a decorative gate in the
opening.
It is my opinion that an attractive metal gate in a style
complimentary to Deco or Art Moderne would be a more
interesting treatment. It would maintain the residential
character of the building and allow the original breezeway
to remain while still giving a measure of security.
I have not seen the applicant's final sketch or photos for
the gates so I can't comment on the design. However, even
if the design met the criteria presented in the Guidelines
this can't be administratively approved because it is a
change in a COA previously approved by the HPB.
The attached appropriate designs could easily be adapted
to gates .
Pat Cayce
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ENTRANCES
Each architectural style has an ensemble of appropriate doo
types. Shapes and sizes have been synthesized, and a propert
owner should consider its relation to the entire facade. Th
architectural importance is integral in dimension, proportion
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