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HPB-02-19-14 0AGENDA 0•o u HISTORIC PRESERVATION BOARD `4 4Y et Meeting Date: February 19, 2014 Time: 6:00 P.M. Type of Meeting: Regular Meeting Location: Environmental Services Training Room, 434 South Swinton Avenue The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service,program, or activity conducted by the City. Please contact the City Manager at 243-7010 24 hours prior to the program or activity in order for the City to reasonably accommodate your request.Adaptive listening devices are available for meetings in the Commission Chambers.If a person decides to appeal any decision made by the Site Plan Review and Appearance Board with respect to any matter considered at this meeting or hearing,such persons will need a record of these proceedings,and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made.Such record includes the testimony and evidence upon which the appeal is to be based.The City does notprovide or prepare such record.Two or more City Commissioners may be in attendance. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF AGENDA IV. ACTION ITEMS A. Certificate of Appropriateness (2014-079) 812 East Atlantic Avenue, Marina Historic District Applicant: Vixity Authorized Agent: Sign-A-Rama, USA Property Owner: Delray Beach Associates, Inc. Consideration of the installation of a new, illuminated wall sign on a contributing property. B. Certificate of Appropriateness and Variance Request (2014-074) 236 Dixie Boulevard, Del-Ida Park Historic District Applicant/ Property Owner: Anne Gannon Consideration of the installation of a freestanding pergola to the west side of a contributing structure. V. DISCUSSION &ACTION ITEMS - A. Forward a recommendation to the Planning and Zoning Board for a privately initiated amendment to LDR Sections 4.4.24(B), 4.4.24(C), and 4.4.24(F) to add Lots 16 — 18 of Block 69, and Lots 11-12 and the North Half of Lot 13, and Lots 23-25 of Block 70 to those properties zoned OSSHAD (Old School Square Historic District) and to which the "Permitted Uses" of 4.4.13(B), "Accessory Uses" of 4.4.13(C), and "Development Standards" 4.3.4(J)(4) of the CBD (Central Business District) zoning district are allowed, excluding exceptions to height provided in LDR Section 4.3.4(J)(4). VI. REPORTS AND COMMENTS ❖ Public Comments ❖ Board Members ❖ Staff VII. ADJOURN 4Pfly E. ALvcurer' Amy E. Alvarez Historic Preservation Planner Posted on: February 12, 2014 DELRAY� ou BEACH r i o n All-America City 1993 2001 SIGN IN SHEET 2001 Historic Preservation Board February 19, 2014 PRINT /20,.� f7,7 1Jo. ,6u� vt�� FULL NAME AL / je 14. Ache& 1,0_31/Low SI A-�1 C�SGo / z)611-(2-- Az) III IV.A IV.B IV.B V. HPB MEETING HELD: ATTEND Approval of 812 E. Atlantic 236 Dixie Blvd. 236 Dixie Blvd. Privately February 19, 2014 Agenda Avenue. Initiated Amendment to LDR COA COA Variance 4-1 VOTE to VOTE to VOTE to VOTE to VOTE to Rec. Approve Approve Approve Approval Approval to P&Z Board 5-0 5-0 5-0 5-0 4-1 John Miller P Y Y Y Y NO Annette Smith P Y Y Y Y Y Ana Maria Aponte A A A A A A Ronald Brito P Y Y Y Y Y Iris McDonald A A A A A A Samuel Spear P Y Y Y Y Y Annie Adkins Roof P Y 1 Y Y Y Y Adjourned: 7:30PM MINUTES OF THE HISTORIC PRESERVATION BOARD PUBLIC HEARING/REGULAR MEETING CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA MEETING DATE: February 19, 2014 LOCATION: ESD Training Room, 434 South Swinton Avenue MEMBERS PRESENT: John Miller, Annette Smith, Samuel Spear and Annie Adkins Roof, Ronald Brito, MEMBERS ABSENT: Ana Maria Aponte, Iris McDonald STAFF PRESENT: Amy Alvarez, Janice Rustin (Asst. City Attorney), Diane Miller I. CALL TO ORDER: The meeting was called to order by the Chair, Ms. Annie Adkins Roof at 6:00 p.m. II. ROLL CALL: Upon roll call by Ms. Miller it was determined that a quorum was present. Chair Ms. Roof read the Quasi-Judicial Rules for the City of Delray Beach and Ms. Miller swore in all who wished to give testimony on any agenda item. III APPROVAL OF AGENDA: Motion made by Samuel Spear, seconded by Annette Smith, and approved 5-0. IV. ACTION ITEMS: A.Certificate of Appropriateness (2014-079) 812 East Atlantic Avenue, Marina Historic District Applicant: Vixity Property Owner: Delray Beach Associates, Inc. Authorized Agent: Sign-A-Rama, USA Consideration of the installation of a new, illuminated wall sign on a contributing property. Exparte Communication Ronald Brito— Drive by Annette Smith — Drive by The subject property is located on the south side of East Atlantic Avenue between Palm Square and the Intracoastal Waterway within the Central Business District (CBD). The property is also located within the Marina Historic District and contains a circa 1931 Mission style building which houses a deli and a retail shop. The review history associated with the subject property primarily involves signage for the tenants. The most recent sign approval was a wall sign for the deli space. This sign, for the "Old Historic Preservation Board Meeting February 19, 2014 School Bakery" has since been removed and no previously approved signage remains on the building. The new deli, E&J's Sandwich Shop, is identified by the permitted window signage. The subject proposal is for the installation of a new wall sign which consists of "acrylic face channel letters, internally illuminated with UL LED's." The sign will state "Vixity" with "Jewelry with an Edge" below. The sign will be "digitally printed vinyl with UN lamination. The overall measurements are 45.56" wide by 29.24" high. The sign will be centrally located on the gable end in the middle of the building. The front façade is symmetrical; however, the deli consists of just on third of the space, while the retail space consists of 2/3 of the building. Therefore, the sign will be located above the retail space. Signs can be approved administratively however, when there is a questions as to their appropriateness, compatibility or compliance with the LDRs, we will bring them before the board for your decision. The applicant is aware of this and we have been working internally about this. When looking at the sign code, the sign does strive to meet the code; however, it is the material and the internal illumination of the sign that is not in keeping with the sign regulation as well as the LDRs. We are recommending change in material, possibly aluminum letters, with a separate lightening source that could be up lite or down lite. We are recommending a lamp up above to shine on the letters but this will be up to the board. Staff has recommended approval subject to the following conditions: 1. That the material be changed to aluminum; 2. That the internal illumination be removed; and, 3. That a separate source of lighting be provided (optional). Applicant Presentation Michelle Laskowski — Sign-A-Rama Mindy Zwerin—Owner I am excited to bring the owner, Mindy Zwerin to talk about her company. Mindy Zwerin — I have been in the jewelry business for 35 years and came to Delray Beach as this is a growing community. We are the only bridal registry to date in Delray Beach and we are working with the local hotels and merchants. One of the things that I have trying to do with the store is keep its integrity. The only thing that was changed was the furniture and some fresh paint. We definitely need some light over at the business as it is very dark and scary and this will only be an asset to the community. Michelle Laskowski— Michelle brought in some picture to show how they are going to use the lightening. She also gave example of some of the nearby business and their lightening and how long they have been there. We are trying to do a soft lightening and sign to go with the esthetics of the building. Mindy has done a big clean up with the building and we are asking that you let her do what she would like to the building. Public Comments- None Board Members Comments John Miller—You had said that it will be internally lit, what will be the colors at night? 2 Historic Preservation Board Meeting February 19, 2014 Michelle Laskowski— It is acrylic face with channel letters with vinyl overlay, with internal light of soft gray. Sam Spear— (question directed to Amy Alvarez) Want to know what the main concern is here tonight. Amy Alvarez — She said that the concern was the internal illumination and that is what prompted me to bring it here to the board. Sam Spear—What is the material that is being used for this sign? Michelle Laskowski—The material will be an acrylic face and then take a digital vinyl print and put the owners logo on top of it so it will show through and all the electrical will be inside. Sam Spear — Would it take away from the looks if you made the metal aluminum? Ms. Laskowski said that yes she feels that it would. Annette Smith — If you were to do a brushed aluminum instead of a polished aluminum would you feel comfortable in considering that? Ms. Laskowski thinks that would be beautiful, but I am here tonight to fight for what the owner wants. Sam Spear— My concern is that the sign will be TOO bright. Ms. Laskowski said that there are two different LED lights that can be used and she can use the less intensity. Board Discussion John Miller— When I look at a sign request I am looking for size, scale, esthetic match, and I think what is presented is fine. Ronald Brito— I like the sign the way it is presented. Annette Smith — What shade of gray will this be. Ms. Laskowski said that it will be a silver gray. MOTION/FINDINGS Approve the Certificate of Appropriateness (2014-079) for 812 East Atlantic Avenue, Marina Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request does not meet criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to the following conditions: 1. That normal intensity LED lighting is used on the internal components of the sign. Motion by Mr. Miller, seconded by Ms. Smith. Said motion passed with a 5-0 vote. B.Certificate of Appropriateness and Variance Request(2014-074) 236 Dixie Boulevard, Del-Ida Park Historic District Applicant: Anne Gannon, Property Owner Consideration of the installation of a freestanding pergola to the west side of a contributing structure, 3 Historic Preservation Board Meeting February 19, 2014 Exparte Communications— None The item before the Board is the consideration of a Certificate of Appropriateness (COA) and Variance request associated with a new, free-standing trellis on a contributing property located at 236 Dixie Boulevard, Del-Ida Park Historic District, pursuant to Land Development Regulations (LDR) Section 2.4.6(H). The current proposal is for the construction of a freestanding pergola to the west side of the historic structure. The pergola measures approximately 9'6" wide, 18' deep, and 10' high and will be used to provide a covered parking area within the driveway. The posts, cross members, and brackets will consists of pressure treated wood and left with a natural finish. A variance has also been requested due to encroachment within the required side interior (west) setback. The pergola would be set approximately 2' from the west property line, on the side interior, whereas the required setback is 7'6". In meeting all the LDR requirements, we feel this is a good solution and it also meets all the variance requirements and maintains the historic character of the property. We feel that the project is appropriate and staff support both the pergola and the variance. Applicant Presentation Anne Gannon— Property Owner Ms. Gannon agrees with the staff presentation and is here for any questions you might have. Public Comments— None Board Comments: John Miller— In agreement with project. Ronald Brito— In agreement with project. Annette Smith- Great design and in agreement with project. Samuel Spear — Wanted to know if there were any comments from the neighbors and Amy Alvarez said that she had not heard from anyone. MOTION/FINDINGS Move approval of the Certificate of Appropriateness (2014-074) for 236 Dixie Boulevard, Del- Ida Park Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation: Motion by Ms. Smith, seconded by Mr. Miller. Said motion passed with a 5-0 vote. 4 Historic Preservation Board Meeting February 19, 2014 Variance Approve the variance to LDR Section 4.3.4(K), to reduce the side interior (west) setback for the pergola to 2', whereas 7'6" is required, based upon positive findings to LDR Section 2.4.7(A)(6). Motion by Mr. Miller, seconded by Ms. Smith. Said motion passed with a 5-0 vote. V.A. Privately initiated amendment to LDR Sections 4.4.24(B), 4.4.24(C), and 4.4.24(F) to add Lots 16 — 18 of Block 69, and Lots 11-12 and the North Half of Lot 13, and Lots 23- 25 of Block 70 to those properties zoned OSSHAD (Old School Square Historic District) and to which the "Permitted Uses" of 4.4.13(B), "Accessory Uses" of 4.4.13(C), and "Development Standards" 4.3.4(J)(4) of the CBD (Central Business District) zoning district are allowed, excluding exceptions to height provided in LDR Section 4.3.4(J)(4). The item before the Board is that of making a recommendation to the Planning and Zoning Board regarding a privately-initiated amendment to LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD), subsections (B) Permitted Uses, (C) Accessory Uses, and (F) Development Standards. The proposed amendment is to add Lots 16 — 18 of Block 69, and Lots 11-12 and the North Half of Lot 13, and Lots 23-25 of Block 70 to those properties within the OSSHAD zoning district that can be developed pursuant to the development standards and uses of the CBD (Central Business District) zoning district, pursuant to LDR Section 2.4.5(M). The intent of the subject LDR amendment is to apply the development standards and uses (excluding conditional uses) of the CBD to multiple properties within the south area of the OSSHAD zoning district. The properties are located at 36, 48, 104, and 122 SE 1st Avenue, and 14 and 18 SE 1st Street. All of the subject properties are also located within the Old School Square Historic District, and as such, a description of each property is provided: 36 SE 1st Avenue (North portion of Lots 16, 17, and 18, Block 69): Vacant. A circa 1938 frame vernacular structure was relocated from the subject property to 186 NW 5th Avenue in 2011, where it was individually designated and listed on the Local Register of Historic Places as "The Harvel House" in the West Settlers Historic District. Prior to its relocation, the structure was classified as contributing within the Old School Square Historic District. This site has an approved plan for office space and the approval expires in August. 48 SE 1st Avenue (South portion of Lots 16, 17, and 18, Block 69): A circa 1955 two-story, 4,107 square foot building remains on the property and is classified as contributing. In 1984, the City Commission approved a conditional use application for an Adult Living Facility. 104 SE 1st Avenue (Lot 11, Block 70): Vacant. A one-story, multi-family dwelling was constructed on the property in 1952; it was demolished in 2004. A valet parking lot was approved for the site in 2011 in association with the approved Swinton Social project on South Swinton Avenue. 122 SE 1st Avenue (Lot 12, Block 70): A circa 1955, one-story multi-unit building is located on the property and is classified as non-contributing. 14 SE 1st Street (Lot 23, Block 70): A circa 1935, Minimal Traditional style structure is located on the property and is classified as contributing. 18 SE 1st Street (Lots 24 and 25, Block 70): A circa 1930 Mission style structure is located on the property, as well as a circa 1955 Frame Vernacular style structure. Both structures are classified as contributing. These are the properties in question and that is the request. Those three lots were included in one text amendment adopted on January 4, 2000 (Ordinance 47-99) which provided for the expansion of the CBD overlay district (uses and development 5 Historic Preservation Board Meeting February 19, 2014 standards), for the primary purpose of constructing the Block 69 parking garage (aka Federspiel Garage). In 2007, a privately-initiated LDR Amendment (Ordinance 31-07) was submitted which also proposed to extend the CBD Overlay at 36 SE 1st Avenue. The ordinance was reviewed by the HPB (September 5, 2007), Community Redevelopment Agency (September 6, 2007), and Planning and Zoning Board (September 17, 2007) and was unanimously recommended for denial by all three Boards. The ordinance was placed on hold by the property owner while a Class V Site Plan Application and COA were reviewed by the HPB for a replacement project involving new Class A offices. The HPB also reviewed four variances and three waiver requests associated with the Class V Site Plan and COA, all of which were denied. Subsequently, the property owner moved forward with an appeal to the City Commission of the Class V Site Plan denial. The appeal was upheld, thereby overturning the HPB's denial of the project; as a result, the Class V Site Plan was approved by the City Commission at its August 19, 2008 meeting. Subsequently, the LDR amendment described in Ordinance 31-07 was withdrawn. The plans for the Class A office space approved by City Commission on August 19, 2008 received extensions of approval twice and remain valid until August 19, 2014. In 2013, a second privately-initiated LDR Amendment was submitted which was identical to Ordinance 31-07. This amendment, processed as 09-13, was reviewed by the CRA on March 28, 2013 and by the HPB on April 3, 2013. At both meetings, the item was tabled; the request was placed on hold by the applicant prior to the item being further reviewed and now we have this new request. The application of the CBD development standards onto the subject properties would permit a maximum height of forty-eight feet (48'), versus a thirty-five foot (35') maximum height permitted within OSSHAD. In the OSSHAD zoning district, the required setbacks are twenty-five feet (25') for the front, seven feet, six inches (7'6") for the side interior, and ten feet (10') for the rear, whereas the CBD setbacks are as follows: The proposed changes would further increase the types of both principal and accessory uses that could be established in the OSSHAD zoning district to allow the following: A wider range of retail (i.e. automotive parts, pharmacies, lawn care equipment, sporting goods, toys); Business, professional and medical uses (i.e. dental clinics, medical laboratories, publishing); Services and facilities (i.e. dry cleaning, cocktail lounges, parking garages, commercial or public parking lots); Multi-family dwelling units up to a density of 30 units per acre; and, Hotels, motels, and residential-type inns. (Briefly Ms. Alvarez went over the powerpoint maps and identified the areas in discussion) Looking at the Comprehensive Plan and the Future Land Use element, the objective requires complimentary development to adjacent land uses and we do not feel this amendment meets the intent of the future land use element. Also, with the housing element as well as the 6 Historic Preservation Board Meeting February 19, 2014 Comprehensive Plan and we feel the increase density within the historically designated area would be inconsistent with the development pattern. (Showing a map on the screen) There is a development across the street and it appears that is the justification for the request is the larger development from CBD to provide and expand the CBD guidelines onto these properties as well as the encroachment of the CBD to the Historic District already. However when the amendment went through in 2000, it was noted on the record that this would not be precedent setting, however, it is use now as a precedent to continually request the CBD into the OSSHAD. The Comprehensive Plan calls for the preservation of historic resources, which is not achieved by the proposed amendment. Therefore, a positive finding cannot be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. The Community Redevelopment Agency (CRA) considered the subject LDR Amendments at its meeting of February 13, 2014; the consensus of the Board was to not support the proposed amendment. Public Notice Since the proposed LDR text amendment is site specific, a public notice has been provided to property owners within a 500' radius of the subject properties. Staff recommends that you recommend denial to the Planning and Zoning Board as positive findings cannot be made. Applicants Presentation Michael Weiner—Weiner, Lynn &Thompson-10 SE 1st Avenue We are here tonight for a recommendation to change the Land Development regulations of the LDRs, specifically Section 4.4.24 allowing for a CBD overlay on the OSSHAD. We are not changing the zoning but what is happening is that retail can only be done in little houses. We need to have retail on the front of the street, and we want to have a street scape so people will walk down the street. And secondly, that we need is height. When you look at it there really is not a lot of difference between CBD and OSSHAD. We have done this before and I am hoping that we can do it again. We would be adding SE 1st Avenue and SE 1st Street (Mr. Weiner shows the area on the screen) Ms. Alvarez went through what OSSHAD and CBD are all about, but we are not re- inventing the wheel this has been done many times before. We don't want Atlantic Avenue to be the only linier of Delray Beach. The reason that we could build the Federspiel Garage and occupy it is that there was a willingness to extend the CBD overlay. In 2002, the Master Plan came together and it had numerous recommendations and everyone was involved. In talking about the surrounding blocks, Ms. Alvarez said that things needed to be complimentary to adjacent development. (Mr. Weiner showed examples of surrounding buildings on a map). 7 Historic Preservation Board Meeting February 19, 2014 The Master Plan says the lack of buildings along side streets within the commercial core has limited commercial component and caused it to concentrate mainly on Atlantic Avenue. (This is quoted from the Master Plan). It also says that it leaves small business owners out of the plan. We agree that it should be complimentary to adjacent development and we are already there with 48 feet and we are here to be sympathetic and Ms. Alvarez feels that this will only damage it and no, this will protect the area. (Mr. Weiner shows pictures of some of the houses in the Historic District) We are here tonight to rescue the historic structures. Public Comments Francisco Perez-Azua— 55 SE 2nd Avenue - We keep talking about uses and what is allowed and what we have is a bunch of drug users in this area. This keeps coming back to the Historic Board because it makes sense and I will tell you why. I am the author of the building that Ms. Alvarez says is approved. There is an approved building on that site, but it has not been built because it does not make economic sense. Jim Knight— 10 SE 1st Avenue— I do walk the streets and I walked to this meeting tonight and walked by those houses in question. Please take consideration to this request and look at other areas and how we want it to flow. Vin Nolan — Economic Director for the City of Delray Beach — I cannot say more than what Mr. Weiner has already said and it seems that the only thing we are preserving is the derelict properties with no one wants to do anything with or that people cannot get financing of what they want to do. What we need to do is think out of the box. Rebuttle— None Board Discussion John Miller— I do not disagree that the area does need attention and redevelopment. Going back to Worthing Place and that is being held up in court for at least 10 years and that was not a slam dunk. On Swinton this is a clear case of demolition by neglect and they should have been prosecuted but this area has been in decline for years. I do believe that the current zoning does allow for a buffer area between the higher elevation allowances and what the neighboring areas are. We have seen this in the Marine Historic District and along Federal there were 4 or 5 story buildings right next to single story homes. There seems to be some step-down strategy and this to me seems it. I have not seen anything come before this board that attempts to redevelop this area using the existing guidelines or even asking for a variance and I think the board would be willing to look at that but not giving up all the leverage that we have now. I don't think just giving it away is the means to justify this. This area will be redeveloped, it is inevitable, and it's going to move further south, but not to give up our leverage. Ronald Brito — lam in approval of old things, I like old house but then there is hoarding. I have restored many here in the city, but how many things can we hold onto. Delray is a trend setting city, and why because we think outside of the box. We need to keep our heads above water and keep moving forward, in a positive direction and holding onto the old houses. This town is filled with talented people and they have to come by use and we get to see what their ideas are and what they are building and we should not pass it by. We need to keep doing what we are doing. 8 Historic Preservation Board Meeting February 19, 2014 Annette Smith — This is all very interesting and there is a fine line between development and preservation and we know that things will be developed, there is no doubt about it. I think we have a fear of over development as Michael Weiner was saying, but we also have progress. As Francisco Perez-Azua was saying a lot of these houses are in very old conditions. And I think with that said, in making this an overlay, I think I am for this because it's going to happen, progress is going to happen and we would rather see it developed properly rather than having these homes just sitting there. So I think this is a good presentation for the overlay. Samuel Spear — Before I start, I have had a walk through with Jim Knight and had full disclosure on this, I got a call and I accepted for the record. This is a tough decision but I think those of us who live here we like our preservation, we like our old flavor, but at the same time in certain areas we want to keep it growing and I have been very hesitant on which way I was going to go. But, after I have look at it and spent some time around it, it's important that something has to be done about it. If you have someone that wants to fix it, good, but something is better than vacant lots and torn down houses and we can preserve what. We have been leaning this way on a lot of projects, by having a developer, fix it up and we can help them out. I think what it comes down to is to accept someone's vision to do this, accept that this town is growing and taking someone's vision and putting themselves out there. I am leaning toward the variance. John Miller— I want to add another comment that I would half argue that the reason we are here and why we are concern about Delray as a whole, is people have a vision 20-30 years ago to preserve some of the landmark areas and keep the neighbors nice. We have the height limit, and when I was in school they wanted to tear down the old school and put up a movie theater and then a Kmart but fortunately people back then had a vision. I am not saying that this would be developed poorly, but we have some leverage over this area right now so we can have more control of what is to go in this area. If Planning and Zoning or the Commission chooses not to accept a recommendation then that is their choice to do so. At this point I feel that I will be voting against this tonight. Samuel Spear— I would like Mr. Miller to explain what he meant by `leverage" at this time. John Miller—At this time the height is 35' but more restricted with what can be built at this time. So I know that the way it would work is that you would loosen the rules to go to the CBD Overlay, we have the flexibility now, we don't have the setbacks that we use to have, we have the height limit so we have to build out from that, so the ROI (Return of Investment) will dictate by building as much as you possibly can in that space. If you had someone go in now, and they try to fit something in that will meet the current guidelines, with a variance here or there, then we can look at that. At that time it would then tie into the surrounding neighborhoods. If it's all vacant land, then that would be a different discussion. Right now you drive along Swinton Avenue and see single story buildings and you are going to see 48' behind it with half the mass and that is what I am concerned about as a Historic Preservation Board and as a seat on this board I voice my opinion. Samuel Spear— I am more concern about the sidewalks, setbacks vs height. To me whatever they come back with I hope they have decent setbacks that don't come too close to the street. John Miller— I hope that the area does get rebuilt, it needs to get rebuilt, it needs investment, but let's not throw the baby out with the bath water. 9 Historic Preservation Board Meeting February 19, 2014 Annie Adkins Roof— Well we are here, we are on this board, we do give our time voluntarily because we do care about Delray. I am inclined to approve. MOTION/FINDINGS Move a recommendation of approval to the Planning and Zoning Board of the amendment to Land Development Regulation Section 4.4.24(B)(12) and 4.4.24(F)(1)(a), allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 — 18 of Block 69, and Lots 11-12 and the North Half of Lot 13, and Lots 23-25 of Block 70, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Motion by Mr. Brito, seconded by Ms. Smith. Said motion passed with a 4-1 vote. Dissenting was Mr. John Miller. REPORTS AND COMMENTS PUBLIC COMMENTS—NONE BOARD MEMBERS COMMENTS—NONE STAFF—Next Meeting will be on March 5th, 2014. VII. ADJOURN The meeting adjourned at 7:30pm The undersigned is the Secretary of the Historic Preservation Board and the information provided herein is the Minutes of the meeting of said body for February 19, 2014 which were formally adopted and approved by the Board on April 16, 2014. 'D tavte,1k1 tiler Diane Miller, Executive Assistant 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. 10 t HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Applicant: Vixity Property Owner: Delray Beach Associates, Inc. Authorized Agent: Sign-A-Rama, USA Project Location: 812 East Atlantic Avenue, Marina Historic District HPB Meeting Date: February 19, 2014 File No: 2014-079 ITEM.BEFORE THE BOARD The action before the Board is approval of a Certificate of Appropriateness for the installation of a new wall sign on a contributing property located at 812 East Atlantic Avenue, Marina Historic District, pursuant to Land Development Regulations (LDR) Section 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The subject property is located on the south side of East Atlantic Avenue between Palm Square and the Intracoastal Waterway within the Central Business District (CBD). The property is also located within the Marina Historic District and contains a circa 1931 Mission style building which houses a deli and a retail shop. The review history associated with the subject property primarily involves signage for the tenants. The most recent sign approval was a wall sign for the deli space. This sign, for the "Old School Bakery" has since been removed and no previously approved signage remains on the building. The new deli, E&J's Sandwich Shop, is identified by the permitted window signage. The subject proposal is for the installation of a new wall sign which consists of"acrylic face channel letters, internally illuminated with UL LED's." The sign will state "Vixity" with "Jewelry with an Edge" below. The sign will be "digitally printed vinyl with UN lamination. The overall measurements are 45.56" wide by 29.24" high. The sign will be centrally located on the gable end in the middle of the building. The front facade is symmetrical; however, the deli consists of just on third of the space, while the retail space consists of 2/3 of the building. Therefore, the sign will be located above the retail space. It is noted that while signs may be approved administratively, Staff has the discretion to defer the review to the Board when a proposal is deemed to be inappropriate, incompatible and/or non- compliant with the LDRs. The COA request for approval of a new wall sign is now before the Board for consideration. • ANALYSIS LDR SECTION 4.6.7 —SIGNS LDR Section 4.6.7(A), Purpose: the purpose of these sign regulations are to minimize the possible adverse affect of signs on nearby public and private property; to foster the integration of signage with architectural and landscape designs. 4 812 East atlantic Avenue:2014-079 HPB fG;eating February 19,2014 Page 2 of 4 (1) Communication: Signs should not deny other persons or groups the use of sight lines on public rights-of-way, should not obscure important public messages, and should not overwhelm readers with too many messages. Signs can and should help individuals to identify and understand the jurisdiction and the character of its sub-areas. (2) Preservation of Community's Beauty: The City of Delray Beach which includes a beach resort community as well as major office and industrial parks relies heavily on its natural surroundings and beautification efforts to retain its economic advantage. This concern is reflected by.actively regulating the appearance and design of signs. (3) Property Value Protection: Signs should not create a nuisance to the occupancy or use of other properties as a result of their size, height, brightness, or movement. They should be in harmony with buildings, the neighborhood, and other conforming signs in the area. STAFF ANALYSIS: The above noted LDR has been provided with particular emphasis placed on those components applicable to the subject proposal and should be taken into consideration upon review by the Board. Upon review, Staff has determined that, while the overall character of the sign is appropriate, the material and internal illumination are not in keeping with the historic character of the building and requires revisions to be deemed harmonious and appropriate. The recommended revisions noted further in this report will achieve the aforenoted "purpose" of the sign regulations. LDR Section 4.6.7(D) (2) (a)-(c) addresses "Aesthetic Qualifications" and states: The aesthetic quality of a building, or of an entire neighborhood, is materially affected by achieving visual harmony of the sign on or about a structure as it relates to the architecture or the building or the adjacent surroundings. The following aesthetic conditions must be met: (a) Garishness: The overall effect of the lettering, configuration or color of a sign shall not be garish. "Garish" signs are those that are too bright gaudy, showy, glaring, and/or cheaply brilliant or involving excessive ornamentation. Garish signs are not in harmony with and not compatible with the building or adjacent surroundings. (b) Scale and Conformity with Surroundings: The scale of the sign in terms of area, shall be consistent with the scale of the building on which it is to be placed or painted and the neighborhood or streetscape where it is to be located. Scale shall also be considered in terms of Subsection (F) (2) with respect to height and area. (c) Quality: All signs shall have a professional appearance that enhances the visual aesthetics of the area. • STAFF ANALYSIS: When considering signage within a historic district, it is important to take into consideration the historic character of the district, and more importantly, of the structure to which the sign will be associated. With respect to the aesthetic qualifications noted above, the proposal is not "in harmony with and not compatible with the building" as it adds decorative elements not traditional to the Mission style structure on the site. The recommended revisions will provide for an appropriate and compatible solution to the signage desired by the applicant. LDR Section 4.6.7(E)(7), Design Standards Matrix, Signing Located in All Historic Districts: The following matrix sets forth the standards for various types of signs when located in various zoning districts or defined by use. The standards set forth therein are subject to descriptions, interpretations, exceptions, and limitations as provided for elsewhere in these LDRs. Type of Sign Quantity Area (max.) Location * Height Illumination Wall Not more than two per lot, 30 sq. ft. on building face - Allowed parcel or development 812 Ea et Atlantic Avenue:2014-079 HPB fv:e:eting February 1 2014 page 2ct4 STAFF ANALYSIS: The proposed sign, which measures approximately 9.26 square feet, complies with the maximum size requirement noted above. The smaller size is appreciated as it is appropriate and in scale with the one-story building. Additionally, illumination is permitted. However, the type of illumination that is proposed is not appropriate and should be revised, as discussed further in this report. LDR SECTION 4.5.1 — HISTORIC PRESERVATION SITES AND DISTRICTS Pursuant to LDR Section 2.4.6(H)(5), prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. LDR Sections 4.5.1(E)(5) and 4.5.1(E)(8) provide guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The applicable guidelines are as follows: (E)(5) Standards and Guidelines A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, 'as amended from time to time. (See applicable Standards and Guidelines below) (E)(8) Visual Compatibility Standards All improvements to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility shall be determined in terms of height, front façade proportion, proportion of openings (windows and doors), rhythm of solids to voids, rhythm of buildings on streets, rhythm of entrance and/or porch projections, relationship of materials, texture and color, roof shapes, walls of continuity, scale of a building, directional expression of front elevation, architectural style, and additions. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)- (m). The following Visual Compatibility Standards apply: (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. Delray Beach Historic Preservation Design Guidelines The Delray Beach Historic Preservation Design Guidelines suggest the following regarding signage: • Use materials and sign types that are based on historical precedent. • The scale of the signage should relate to the scale and detail of the historic building, and not overwhelm or call attention to the sign. • The material of the sign need not be identical, but should be compatible with the construction materials of the building. 4 812 East Alai tic Avenue;2014-079 HPB Meeting February 19,2014 Page STAFF ANALYSIS: No direct reference is made to signage affecting historic structures, sites, or districts within the review criteria of the LDRs. However, there is specific intent to project the importance of preserving "character-defining" and distinctive features as a means of providing a compatible and appropriate solution for signage. As previously indicated, it is appreciated that the proposed size is appropriate and in scale with the one-story building. The choice of font provides an added flair to the simply adorned building. However, the acrylic and vinyl materials combined with the internal illuminations are not appropriate to either the historic building or the historic district. The material should be revised to aluminum which would be a more an appropriate material, with less of a modern-age feel. Additionally, the sign should be lit by a separate source, preferably a lamp located above and shining down on the sign. In consideration of the above and as a means of complying with the applicable Visual Compatibility Standards, as well as the Standards and Guidelines, the recommended revisions are necessary. Based on the above, positive findings can be made subject to the recommended conditions of approval. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Certificate of Appropriateness for 812 East Atlantic Avenue, Marina Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Move denial of the Certificate of Appropriateness for 812 East Atlantic Avenue, Marina Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (Motion to be phrased in the affirmative.) RECOMMENDATION Approve the Certificate of Appropriateness (2014-079) for 812 East Atlantic Avenue, Marina Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request does not meet criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to the following conditions: 1. That the material be changed to aluminum; 2. That the internal illumination be removed; and, 3. That a separate source of lighting be provided (optional). 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ONK 2 Ira k}�.._-. 10...MASONRYWALL W g-a0=�9¢� wCCu ->E 4 u ti. 1141x3'TAPC EMBED / ~ "9ZZW,mN ZamWmOFo t....1... ON,MN EMBEDMENT.3,MIN 31LETTER ./ z A W a Z w m y o z 8�� Omo a• p -Q'=�aozQL -SAR- f� J OQ•S4U,N-,ci-uF7o,Ypaggei+pj orza mom THIS DRAWING PROPERTY OF S/GfJ*A*RAP/7,tj.DUPLICATION WITHOUT PERMISSION IS NOT ALLOWED ' Pei o 65 =z i o F=E g in W" I �-- - c°s>wgialgL 3Vtt i ro HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Property Owner: Anne Gannon Project Location: 236 Dixie Boulevard, Del-Ida Park Historic District HPB Meeting Date: February 19, 2014 File: 2014-074 ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of.Appropriateness (COA) and Variance request associated with a new, free-standing trellis on a contributing property located at 236 Dixie Boulevard, Del-Ida Park Historic District, pursuant to Land Development Regulations (LDR) Section 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The subject property contains a Mission style structure built in 1925, which is classified as a contributing structure in the Del-Ida Park Historic District. The single-family property is located within the Residential Office (RO) zoning district. In 2005, a COA for an attached pergola and decorative fence along the front property line were approved. However, the project was not initiated, and the approval expired. No other recent COAs are on file for the subject property. The current proposal is for the construction of a freestanding pergola to the west side of the historic structure. The pergola measures approximately 9'6" wide, 18' deep, and 10' high and will be used to provide a covered parking area within the driveway. The posts, cross members, and brackets will consists of pressure treated wood and left with a natural finish. A variance has also been requested due to encroachment within the required side interior (west) setback. The pergola would be set approximately 2' from the west property line, on the side interior, whereas the required setback is 7'6". The subject COA and associated variance are now before the Board for consideration. SITE PLAN & DEVELOPMENT STANDARDS Zoning and Use Review Pursuant to LDR Section 4.3.4(K), Development Standards, properties located within the RO zoning district shall be developed according to the requirements noted in the chart below. Requirement I Existing/Proposed Setbacks: Front (West) 30' 25'7" Side Interior(South) 7'6" ( 2' _ *Setback variance required and analyzed in this report. 236 Dixie Boulevard:COA 2014-074 HPB Meeting February 19.2014 Page 2 of4 STAFF COMMENT: The proposed pergola encroaches into the side interior setback, and therefore, a variance has been requested to provide relief to reduce the required 7'6" setback to 2'. The variance has been analyzed further in this report. DESIGN ELEMENTS ANALYSIS Pursuant to LDR Section 2.4.6(H)(5), Prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. LDR Section 4.5.1 (E) Development Standards: All development regardless of use within individually designated historic properties and/or properties located within historic districts, whether contributing or noncontributing, residential or nonresidential, shall comply with the goals, objectives, and policies of the Comprehensive Plan, these regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (E)(4) Alterations. In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors. (E)(5) Standards and Guidelines. A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. Those applicable Standards are noted below: The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (Standard#2) 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#3) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard#9) 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. (Standard#10) • (E)(8) Visual Compatibility Standards. All improvements to contributing buildings, structures and appurtenances thereto within a designated historic district shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this and other criteria set forth elsewhere in Section 4.5.1. The following criteria apply: 236 Dixie Boulevard;COA 2014-074 HPB Meeting February 19,2014 Page 3 of 4 (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. (I) Architectural Style: All major development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. (m) Additions to. Contributing Structures. Visual compatibility shall be accomplished as follows: 1. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. 3. Characteristic features of the original building shall not be destroyed or obscured. 4. Additions shall be designed and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed. 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building nor replicate the original design, but shall be coherent in design with the existing building. 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building. STAFF COMMENT/ANALYSIS: Overall, the intent of the Standards for Rehabilitation, Guidelines, and Visual Compatibility Standards have been met with the proposal. The pergola is freestanding and does not impact the historic integrity of the property. Further, this is an appropriate and sensitive solution to provide a covered parking place, as opposed to the construction of a garage. Based on the comments provided above, positive findings can be made with respect to LDR Section 4.5.1(E)(8). VARIANCE ANALYSIS Pursuant to LDR Section 2.2.6(D), the Historic Preservation Board (HPB) shall act on all variance requests within an historic district, or on a historic site, which otherwise would be acted upon by the Board of Adjustment. Section 2.4.7(A)(6), Variances: Alternative Findings of the Historic Preservation Board: The Board may be guided by the following to make findings as an alternative to the criteria listed in Section 2.4.7(A)(5): (a) That a variance is necessary to maintain the historic character of property and demonstrating that the granting of the variance would not be contrary to the public interest, safety, or welfare. (b) That 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) That 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) That the variance requested will not significantly diminish the historic character of a historic site or of a historic district. (e) That the requested variance is necessary to accommodate an appropriate adaptive reuse of a historic building, structure, or site: 236 Dixie Boulevard;COA 2014-074 HPB Meeting February 19. 2014 Page 4 of 4 Note: As required by the LDRs, a notice regarding the subject variance request was sent to those property owners located within a 500' radius of the subject property. Pursuant to LDR Section 4.3.4(K), the side yard setback for structures in the RO zoning district is seven feet, six inches (7'6'). STAFF COMMENT: As previously noted, the proposed pergola will be located 2'from the property line on the west side of the historic structure. The variance for the pergola will assist the property owner in providing a covered parking area for one vehicle while maintaining the historic character of the property which is not contrary to public interest. Further, special conditions and circumstances exist in that the historic site is limited in space to accommodate such an area, and therefore, the variance is necessary. The protection of the structure as historic is limited in its ability to provide such an amenity. The proposed solution of the pergola is appropriate and will not diminish the historic character. Based on the above, positive findings can be made to reduce the side interior setback on the west side of the property from seven feet, six inches (7'6") to two feet (2'), in association with the proposed pergola. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Certificate of Appropriateness and Variance request (2014-074) for 236 Dixie Boulevard, Del-Ida Park Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Move denial of the Certificate of Appropriateness and Variance request (2014-074) for 236 Dixie Boulevard, Del-Ida Park Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request does not meet the criteria set forth in the Land Development Regulations, the Delray Beach Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (Motion to be phrased in the affirmative. See above) RECOMMENDATION Move approval of the Certificate of Appropriateness (2014-074) for 236 Dixie Boulevard, Del-Ida Park Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof meets the criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation: Variance Approve the variance to LDR Section 4.3.4(K), to reduce the side interior (west) setback for the pergola to 2', whereas 7'6" is required, based upon positive findings to LDR Section 2.4.7(A)(6). Report Prepared by:Amy E. Alvarez, Historic Preservation Planner - _ I I 1 I I I _ >2 I I „ : 10 z PI, ' r' N.E. 11TH ST. 1 1 I 1 a: .,,, • cr. p --1 N.E. 10TH ST. E.- I ! .'' • . ,. . , I-- I 1 9TH ST. 1 , : ; Lji i, i uj NM. 8TH ST. > GEORGE BUSH R BOULEVARD GEORGE I I LLI I NPP _ Z .i.- <60 ciefid.:, :- ;IT i Lu e < , .w N.E. N.E.7TH ST. ii ,. , . H . 6TH ST. II e-FiV V / I I i i: i c N.E. i2) 7TH , N.E. 6TH ST. ! !; 1 Z Z I p R c_,,- D 1 i sp, i n i . , 1 : 1 Fs D 0 CO Ors S%,-,4 . :. , 0 . , , ;. i. , , a N.E. 5TH TERR. o cr • ?! i N.E. 6TH F— )rn 1 . _ANE { z 1 . ..n 0 z CV I P I 6 w000 L.. I V. c N.E. 5TH CT. f I-1 1 'CII , •• .1 1 :.a: I .,/Dr o Z — , << ,.55' Z N.E. 5TH ST. 1 L.g1 [ Li Z i'Ll 1 Put ,,,;• 1 114 :: I vi vi — D A ROAD N.E. 4TH ST 1 \--,,____: ,____ ill IL . III • 1 ! ,• / , . 1 i CC 2 CC W L.; > MN n. OCT 1 - III :i II isr: • Li No. m LJ >• ma> - n 236 DIXIE BOULEVARD SUBJECT I r— PROPERTY PLANNING AND ZONING BM VARIANCE DEPARTMENT LOCATION MAP 1 -- DIGITAL BASE MAP SYSTEM -- MAP REF: S:\Plonning & Zoning\DBMSVile—Cob\Z—LIA 500-100\LUB88_236 Dixie Blvd.Vorionce '0' • _ r DIXIE BOULEVARD PAVED a 2 �4)P— 46183 I1 �, 50.0' S CONC. WALK \�. N ) •Ib. Q W.M.O,� `FOfA�D lR 1 . / W to 3 • F. ce U O 2 /2 b 0 20, V u 2,):;. a3• _ r 1 STORY RESDINCE N 1236 ' . 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NOT IN CWTRACi OL T R. R AIIO �I �� DARE CMDMMENi Gi, ¢RAu COiLLn GAUGE k 0 MICMC AT GROOVE ;' • D[T• DECREE GAL GENERAL G N.T.S. NOT�0 SCALE. i W THIEL TYPICAL bI D.F.�� 0111100410 fWn1An EL VASSAL MI'RACTW OL q.UWI[0. i PAC. pAGMIAL GR. ADC 0.0. OU15U p.4FRR U.O.N. uxUSS OM[PWSL n0T[0 PA V o-AMcrzR GYP. GYPSUMouwrt.D ON, OOno. GW.DO. Croe DOG OPCxw0 .. S D •F .. I. DOxHOui OI'I. OPPOSITE VET ROM CONPOSTpE TILE D. DOANHO H.B. HOSC 000 VEAL NLRwCAL H.G OLL.CORE RCA. PRLE-GCAST AR • _ DRAWN OT. [ EMT H/C ArvpcMP[0 Cfllr LINE ROUpMN CH • [ NO. HARD.. PIAu. PLASM LAMINATE WEST PROJEGIOIS-2) CA C.Cnw0 ROLL HARDWARE PEAS RASTER w/ MIT E.I. L..M..Seiner' HOLLOW METAL q rr0. W.C. MIA CLOSET • - DATE. 6.5 I4/ N NOV.5,2011 [nf.5 [.[oR ON MO row' R PLR W/O T - SLALEI CL ELEV. CLCVAn0xw[u HVAC HEM.ANTLA'ON WIG 0.T. 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A 3 ' ` SiRNbERS 11 �� REO W{H HAW, I V �� WANE rox M a7 2,1.PS.Two rLle 1.577.12 V OLL v ' 'lL OfTIaS m5 rAac ■ M �O ®, ,,.; I . Z a s�. r. _ ■ z 0 E ZZ Jo • a • ;0 ' 9 ■ CO 'EMI • TOP Of�'xB W • _ STRINGER.IO' _ PV.. yI ' o Q' 'rmcrL 7lu'ri.rroo SrRodxf ■ WOarzD Ta14I%fm r5 rlec W M m REFER TO DETAILink DIA6GVJ.2RK.E E.ED TO b'xb'POST , I Z N rFOR DOCKETS ® .STRINSCRS HTN•-bALV.NNLS 3 INTO ZQAT EACH COPIER — 1 IMO S1RI R r 4 ■ • Q W ]'x3'TRIM 1 0ELRIN6 FLATS _ 1 I • To POST F504 NAILS 1' '' CO. 0 • ■ REa3r.1> • , a4 L06.1 RTalRm I • PATE COMPEnT . - ■ A 3 w-a a5 ■ • REFER TO TV.S SECTION @ STRINGER END ELEV'"V.°• f00 RJR® ! DRA W DY, EASTJtl FOIL.DRMIUY SCALES 3'•I'-O' YYY RDUAIMIOO L2] FASTENER LEGEND,BASED ON'SINF5ON'STRONG T.E METAL H.RRICANE TIES AND POST BAS PERGOLA LAN I PR° 'INES. - ig SCALE:3/4-•1'-0• ■ DATE. NOV.5.20,5 1 HI 15 GA 6-5d%1 I/2'NAILS TO RAFTER,4-Dd NAILS TO STRINGER LPLIFT•555 CBS,L-1•455 LEIS,F-?•165 LEIS. 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AMENDMENT TO LDR SECTIONS 4.4.24(B), 4.4.24(C), AND 4.4.24(F) TO ADD LOTS 16 — 18 OF BLOCK 69, AND LOTS 11-12 AND THE NORTH HALF OF LOT 13, AND LOTS 23-25 OF BLOCK 70 TO THOSE PROPERTIES ZONED OSSHAD (OLD SCHOOL SQUARE HISTORIC DISTRICT) TO WHICH THE "PERMITTED USES" OF 4.4.13(B), "ACCESSORY USES" OF 4.4.13(C), AND "DEVELOPMENT STANDARDS" OF 4.3.4(J)(4) OF THE CBD (CENTRAL BUSINESS DISTRICT) ZONING DISTRICT ARE ALLOWED EXCLUDING EXCEPTIONS TO HEIGHT PROVIDED IN LDR SECTION 4.3.4(J)(4). ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the Planning and Zoning Board regarding a privately-initiated amendment to LDR Section 4.4.24 Old School Square Historic Arts District (OSSHAD), subsections (B) Permitted Uses, (C) Accessory Uses, and (F) Development Standards. The proposed amendment is to add Lots 16 — 18 of Block 69, and Lots 11-12 and the North Half of Lot 13, and Lots 23-25 of Block 70 to those properties within the OSSHAD zoning district that can be developed pursuant to the development standards and uses of the CBD (Central Business District) zoning district, pursuant to LDR Section 2.4.5(M). LDR AMENDMENT DESCRIPTION AND BACKGROUND The intent of the subject LDR amendment is to apply the development standards and uses (excluding conditional uses) of the CBD to multiple properties within the south area of the OSSHAD zoning district. The properties are located at 36, 48, 104, and 122 SE 1st Avenue, and 14 and 18 SE 1st Street. All of the subject properties are also located within the Old School Square Historic District, and as such, a description of each property is provided: • 36 SE 1st Avenue (North portion of Lots 16, 17, and 18, Block 69): Vacant. A circa 1938 frame vernacular structure was relocated from the subject property to 186 NW 5th Avenue in 2011, where it was individually designated and listed on the Local Register of Historic Places as "The Harvel House" in the West Settlers Historic District. Prior to its relocation, the structure was classified as contributing within the Old School Square Historic District. • 48 SE 1st Avenue (South portion of Lots 16, 17, and 18, Block 69): A circa 1955 two- story, 4,107 square foot building remains on the property and is classified as contributing. In 1984, the City Commission approved a conditional use application for an Adult Living Facility. • 104 SE 1st Avenue (Lot 11, Block 70): Vacant. A one-story, multi-family dwelling was constructed on the property in 1952; it was demolished in 2004. A valet parking lot was approved for the site in 2011 in association with the approved Swinton Social project on South Swinton Avenue. • 122 SE 1st Avenue (Lot 12, Block 70): A circa 1955, one-story multi-unit building is located on the property and is classified as non-contributing. • 14 SE 1st Street (Lot 23, Block 70): A circa 1935, Minimal Traditional style structure is — located on the property and is classified as contributing. Page 2 of 10; HPB Meeting of 02.19.14 e Amendment to apply CBD overlay to OSSHAD • 18 SE 1st Street (Lots 24 and 25, Block 70): A circa 1930 Mission style structure is located on the property, as well as a circa 1955 Frame Vernacular style structure. Both structures are classified as contributing. When the citywide rezonings occurred in 1990, the OSSHAD (Old School Square Historic Arts District) zoning district was created and applied to properties located within the historic district including all of Block 69. All lots within Block 69 were rezoned from GC (General Commercial) to OSSHAD. There are other lots in the immediate vicinity located within the OSSHAD zoning district that may be developed in accordance with the permitted uses and development standards of the CBD. Those lots are located immediately to the north and across the east/west alley from the subject property and include a surface parking lot, the City parking garage, and a mixed-use building (Royal Atlantica). Those three lots were included in one text amendment adopted on January 4, 2000 (Ordinance 47-99) which provided for the expansion of the CBD overlay district (uses and development standards), for the primary purpose of constructing the Block 69 parking garage (aka Federspiel Garage). In 2007, a privately-initiated LDR Amendment (Ordinance 31-07) was submitted which also proposed to extend the CBD Overlay at 36 SE 1st Avenue. The ordinance was reviewed by the HPB (September 5, 2007), Community Redevelopment Agency (September 6, 2007), and Planning and Zoning Board (September 17, 2007) and was unanimously recommended for denial by all three Boards. The ordinance was placed on hold by the property owner while a Class V Site Plan Application and COA were reviewed by the HPB for a replacement project involving new Class A offices. The HPB also reviewed four variances and three waiver requests associated with the Class V Site Plan and COA, all of which were denied. Subsequently, the property owner moved forward with an appeal to the City Commission of the Class V Site Plan denial. The appeal was upheld, thereby overturning the HPB's denial of the project; as a result, the Class V Site Plan was approved by the City Commission at its August 19, 2008 meeting. Subsequently, the LDR amendment described in Ordinance 31-07 was withdrawn. The plans for the Class A office space approved by City Commission on August 19, 2008 received extensions of approval twice and remain valid until August 19, 2014. In 2013, a second privately-initiated LDR Amendment was submitted which was identical to Ordinance 31-07. This amendment, processed as 09-13, was reviewed by the CRA on March 28, 2013 and by the HPB on April 3, 2013. At both meetings, the item was tabled; the request was placed on hold by the applicant prior to the item being further reviewed. A new proposed LDR Amendment expanding the CBD overlay into the OSSHAD zoning district is now before the Board for consideration. PROPOSED LDR TEXT AMENDMENT DESCRIPTION Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual. The proposed amendment is a privately-initiated text amendment to the Land Development Regulations. The application of the CBD development standards onto the subject properties would permit a maximum height of forty-eight feet (48'), versus a thirty-five foot (35') maximum height permitted within OSSHAD. In the OSSHAD zoning district, the required setbacks are twenty-five feet (25') 2 Page 3 of 10; HPB Meeting of 02.19.14 Amendment to apply CBD overlay to OSSHAD for the front, seven feet, six inches (7'6") for the side interior, and ten feet (10') for the rear, whereas the CBD setbacks are as follows: • Front setback may vary from five feet to ten feet (5'-10') for 70%-90% of the front elevation depending upon the proposed use on the ground floor and at least fifteen feet (15') for 10%-30% of the front elevation. These setbacks are required up to a height of twenty-five (25'). For the remainder of the building (25'-48' in height), at least 70% of the building shall be setback fifteen feet (15'), with up to thirty percent (30%) containing a setback of five feet to ten feet (5'-10'). Additionally, the floor area for each floor above 25' in height, shall not exceed 70% of the floor area contained in the ground level footprint; • Side setbacks may be zero (0) if there is vehicular access to the rear. Otherwise, one side must be setback at least ten feet (10'); • Rear setbacks are ten feet (10') up to thirty-seven feet (37') in height, while the elevation over thirty-seven feet (37') must be setback twenty-two feet (22') as the subject property abuts a zoning district (OSSHAD) with a maximum height requirement of thirty-five feet (35'). The proposed changes would further increase the types of both principal and accessory uses that could be established in the OSSHAD zoning district to allow the following: • A wider range of retail (i.e. automotive parts, pharmacies, lawn care equipment, sporting goods, toys); • Business, professional and medical uses (i.e. dental clinics, medical laboratories, publishing); • Services and facilities (i.e. dry cleaning, cocktail lounges, parking garages, commercial or public parking lots); • Multi-family dwelling units up to a density of 30 units per acre; and, • Hotels, motels, and residential-type inns. A complete chart containing the above noted "use" information has been provided as Appendix A to this report, and a complete copy of LDR Sections 4.4.13(B), .Permitted Uses, 4.4.13(C), Accessory Uses, and 4.4.13(F), Development Standards have also been provided as attachments. ANALYSIS OF PROPOSED LDR TEXT AMENDMENT Pursuant to LDR Section 2.4.5(M)(5),Findings, in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT, GOAL AREA "A": Land within the Planning area shall be developed or redeveloped, to enhance the existing quality of life, complement existing land use and result in a mixed, but predominantly residential community with a balanced economic base. Future Land Use Element Objective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. 3 Page 4 of 10; HPB Meeting of 02.19.14 Amendment to apply CBD overlay to OSSHAD Future Land Use Element Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations (see below) relating to historic sites and districts and the "Delray Beach Design Guidelines". Pursuant to LDR Section 4.5.1(A), Historic Preservation Sites and Districts: In recognition of findings as set forth in the original enactment of Ordinance 13-87, passed March 10, 1987, this Section is created in order to provide for the identification, preservation, protection, enhancement, perpetuation, and the use of districts, archeological sites, buildings, structures, improvements, and appurtenances that are reminders of past eras, events, and persons important in local, state, and national history; that provide significant examples of architectural styles of the past; that are unique and irreplaceable assets to the City and its neighborhoods; or that provide this and future generations with examples of the physical surroundings in which past generations lived; and other purposes. Future Land Use Policy A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. STAFF ANALYSIS: Objective A-1 noted above requires that development be complimentary to adjacent land uses. The proposed amendment would allow for the subject properties to be developed in a manner complimentary to those properties located on the east side of SE 1st Avenue, outside of the historic district and zoned CBD. The amendment would not provide for complimentary development with the historic properties in the historic district and would allow for the incursion of more intense development with reduced setback requirements and the potential for greater height. The OSSHAD zoning regulations were established as a mixed use district with less intensity with respect to uses, density, and scale and massing than those allowed in the CBD. The adjacent properties to the west and south are also zoned OSSHAD and consist of a mix of uses and building types, as well as both contributing and non-contributing structures. The proposal is not consistent with Objective A-4 which requires that the amendment provide for the preservation of historic resources through the redevelopment of land and buildings. Further, Policy A-4.1 requires that the Historic Preservation Board make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations. The provisions of the Section are to provide for the preservation of districts, buildings, and structures. The proposed amendment not only fails to provide for historic preservation, it creates potential for further intensification of development, thereby discouraging the preservation of the historic structures located immediately to the west of and abutting the subject property. Moreover, the proposed amendment does not incentivize the preservation of the historic structures on their existing sites. Therefore, positive findings cannot be made as the proposed LDR text amendment is not consistent with and does not further the Goals, Objectives and Policies of the Comprehensive Plan Future Land Use Element. HOUSING ELEMENT, GOAL AREA "A": To maintain a safe and adequate supply of housing by preserving existing stable neighborhoods, stabilizing and enhancing neighborhoods that are - in transition, and restoring and rehabilitating neighborhoods that have declined. 4 Page 5 of 10; HPB Meeting of 02.19.14 Amendment to apply CBD overlay to OSSHAD Housing Element Objective A-10: The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. Housing Element Policy A-10.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Housing Element Policy A-10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housing Element Objective A-12 To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Element Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Housing Element Policy A-12.4: The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. STAFF ANALYSIS The increase of density within this historically designated area will allow development inconsistent with the established development pattern of the OSSHAD district. This desired development pattern is explained in the "Purpose and Intent" section of the LDRs and calls for encouraging the restoration or preservation of historic structures and, maintaining and enhancing the historic and pedestrian scale of the area. Uses and development densities and intensities that are currently allowed in the OSSHAD promote the preservation and adaptive reuse of all structures within the District. Increasing the intensity of use of the properties available under the CBD will have an adverse impact on the stability of this historic area and allow development inconsistent with the scale of the remainder of the historic district. Additionally, the proposed amendment has the potential to negatively affect the historic neighborhood environment of the Old School Square Historic District by impacting the safety, habitability, and stability of this predominantly residential area. Therefore, positive findings cannot be made, as the proposed LDR text amendment is not consistent with and does not further the Goals Objectives and Policies of the Comprehensive Plan Housing Element. 5 Page 6 of 10; HPB Meeting of 02.19.14 Amendment to apply CBD overlay to OSSHAD CBD VS. OSSHAD • As previously noted, the properties are currently regulated by those requirements listed in LDR Section 4.4.24 (OSSHAD) which is a mixed use zoning district intended to: 1. Provide for mixed uses of residential, office, and commercial activities, with an emphasis on the arts, that will encourage the restoration or preservation of historic structures and, yet, maintain and enhance the historic and pedestrian scale of the area; 2. Stimulate greater awareness and pride in the City's architectural heritage, and create an atmosphere and feeling of"Old Delray Beach"; 3. Improve the environmental quality and overall livability of this Historic District and stabilize and improve property value therein, and; 4. Allow uses which promote preservation and adaptive reuse of all structures within the District. The CBD was "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. The regulations within the Central Core, within which the subject property lies, are "intended to result in development that preserves the downtown's historic moderate scale, while promoting a balanced mix of uses that will help the area evolve into a traditional, self-sufficient downtown. Further, "residential development is permitted at higher densities in this area than any other part of the city, in order to foster compact, pedestrian oriented growth that will support downtown businesses." There are clear differences between the purposes and intents of the OSSHAD and CBD zoning districts. Overall, the CBD does not emphasize the preservation of historic structures, but rather, strives to protect historic aspects of the downtown, such as the scale, which is low-scale, particularly when looking to the surrounding municipalities and their larger height maximums. However, when compared with the historic districts, the CBD scale is not compatible in that it is taller and permits a significantly larger scale and massing. Therefore, the OSSHAD intent is more appropriate, as are its development requirements, with the intention to maintain the historic development pattern of the original Town of Delray neighborhood. As previously noted, the proposed amendment will allow the incursion of a more intense development having reduced setback requirements and a potential for greater height into an historic district having zoning regulations that established a mixed use district with a less intensity of uses, density, scale and massing. The chart below gives a comparison of the development standards applicable to the proposed amendment and conditions of the subject property: OSSHAD CBD - Central Core Difference Height* 35' 48' +13' Cannot determine Lot Coverage 40% --- difference Open Space 25% 10% -15% Lot Size 8,000 square feet 0 --- Lot Width 80' 0_ - Lot Depth • 100' 0 . --- 6 Page 7 of 10; HPB Meeting of 02.19.14 Amendment to apply CBD overlay to OSSHAD OSSHAD CBD - Central Core Difference Lot Frontage 80' 0 --- Setbacks** 1st&2nd Stories Up to 25' 5'-10', depending on 70%-90%=15'-20' Front 25' ground floor use; 70%-90% = 5'-10' max.; ° c°loser; 10%-30%= 15' min. 10/°-30/°-10 closer; Side-Interior 7'6" 0' 7'6"closer 5'-10', depending on 70%-90%=5'-10' Side-Street 15' ground floor use; closer; 70%-90% = 5'-10' max. 10%-30%=No 10%-30% = 15' min. difference Rear 10' 10' No Difference 3rd Story-Over 25'-48' The floor area for the At least 70% = 15' min.; Front third floor shall be Up to 30% = 5'-10' min. limited to 50% of the Cannot determine second floor area and 0 or 10' difference. Side-Interior the building setbacks (depending on vehicular or planes of the façade access to rear of property) Side-Street are offset and varied to See Front(above) Rear provide visual relief. 10' • 4th Story-Over 37' Front At least 70% = 15' min.; Up to 30% = 5'-10' min. N/A 0' or 10' Side-Interior (OSSHAD height limit (depending on vehicular OSSHAD height limit is 35') access to rear of property) is 35' Side-Street See Front(above) • Rear 22'*** *Additional height exceptions would not apply, as identified in 4.4.13(F)(1). **See LDR Section 4.4.13 ***Pursuant to LDR Section 4.6.4(A)(1)(a)(ii). Otherwise,rear setback is 10'. See Appendix A for a comparison of the permitted uses within both the OSSHAD and CBD zoning district. The surrounding area includes the CBD zoning district and the Old School Square Historic District (properties zoned OSSHAD). A majority of the properties adjacent to the subject properties contain contributing structures within the subject historic district, and will be the most affected by the proposed amendment. This is of concern as those properties that have not yet benefited from redevelopment could be further hindered as there would be less incentive for the rehabilitation and adaptive reuse of those properties. Further, the east-west alleyway in Block 69 serves as a physical boundary between those properties to the north which are already subject to the CBD uses and Development Standards, and the subject properties which make up portions of the southern area of the historic district. Further, it appears that development that has occurred outside of the designated historic district is being used to justify inappropriate regulations within the historic district, such as the Worthing Place development, the Boueri Mixed-Use Building, and the pending SofA District Offices and Lofts project all located along the 7 • Page 8 of 10; HPB Meeting of 02.19.14 `. Amendment to apply CBD overlay to OSSHAD east side of SE 1st Avenue in the CBD, across from the subject properties. If development outside of the historic districts justifies changing regulations within the historic district, then the same rationale could be applied to other historic districts and/or individually designated properties. It should be noted that it was made clear during the review for the amendment adopted in 2000, which applied CBD overlay to the properties to the north in Block 69, that providing CBD overlay of permitted uses and development standards for those properties would not be precedent setting. The OSSHAD district is typified as a low intensity, mixed use district that allows single family residential, professional offices, boutiques, etc. The intensity allowed as principal uses as well as the more liberal development standards in the CBD zoning district, such as setbacks and height, for the subject property, is incompatible with the historic district. Consequently, a positive finding cannot be made with respect to LDR Section 2.4.5(M)(5). The Comprehensive Plan calls for the preservation of historic resources, which is not achieved by the proposed amendment. Therefore, a positive finding cannot be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) considered the subject LDR Amendments at its meeting of February 13, 2014; the consensus of the Board was to not support the proposed amendment. Public Notice Since the proposed LDR text amendment is site specific, a public notice has been provided to property owners within a 500' radius of the subject properties. Letters of objection and support, if any, will be presented at the meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the Planning and Zoning Board of the amendment to Land Development Regulation Section 4.4.24(B)(12) and 4.4.24(F)(1)(a), allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 — 18 of Block 69, and Lots 11-12 and the North Half of Lot 13, and Lots 23-25 of Block 70, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the Planning and Zoning Board of the amendment to Land Development Regulation Section 4.4.24(B)(12) and 4.4.24(F)(1)(a), allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 — 18 of Block 69, and Lots 11-12 and the North Half of Lot 13, and Lots 23-25 of Block 70, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). (Motion to be phrased in the affirmative. See above.) 8 • Page 9 of 10; HPB Meeting of 02.19.14 Amendment to apply CBD overlay to OSSHAD RECOMMENDED ACTION Recommend denial to the Planning and Zoning Board of the amendment to Land Development Regulation Section 4.4.24(B)(12), 4.4.24(C), and 4.4.24(F)(1)(a), allowing the permitted uses and development standards excluding the exceptions to additional height in the CBD for Lots 16 — 18 of Block 69, and Lots 11-12 and the North Half of Lot 13, and Lots 23-25 of Block 70, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M). (Motion to be phrased in the affirmative. See above.) Attachments: • Appendix A—Chart of Permitted Uses within OSSHAD and CBD • LDR Section 4.4.13(B), (C), (F) • Exhibit"A" [Proposed Amendment] • Location Map • Justification Statement 9 Page 10 of 10; HPB Meeting of 02.19.14 Amendment to apply CBD overlay to OSSHAD APPENDIX A OSSHAD CBD -Central Core Permitted Uses Note: Each District provides listed examples of the types of uses, and these may vary between districts. Single family and duplex dwellings X _-- Business, Professional, Medical and X X Governmental Offices (Except Government Offices) Retail uses and/or facilities through specialty X X shops (single purpose businesses) Restaurants of a sit down nature X X Arts related businesses X X Educational and/or Instructional activities (including training, vocational, or craft schools, the X X arts, personal development, and libraries, museums, and social and philanthropic institutions) Libraries and museums X X Personal services (barbershops, beauty shops,salons,cosmetologists) X X Catering services X (not associated with a restaurant) X Bed and breakfast inns X X Group Home, Type 1 X Assisted Living Facilities X X Residential Licensed Service Providers Facilities X Nursing Homes X X Continuing Care Facilities __- X General retail uses and/or facilities X Services and facilities (See 4.4.13(B)(3)) X Commercial Parking Lots and Parking Garages X Multi-family Residential X (Up to 30 units per acre) Hotels, motels, bed and breakfast inns, and X residential-type inns (Bed&Breakfast Inn Only) X 10 . _ !SSDivL., I Li _______, • . . 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F 2ND -- —' _,--r—r— —_ I —T� I 6 1 1 1J "__—� Z _ I -- I 4 24 23 2 1 m 6 123 F=11 Ln_—.Q. — N OSSHAD LOTS SUBJECT TO CBD REGULATIONS --Ime.r-- OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT(OSSHAD) CITY OF DELRAY BEACH, FL PLANNING& ZONING DEPARTMENT ®-EXISTING LOTS J -PROPOSED LOTS S 9-BLOCKNUMBER 5 -LOT NUMBER -- DIGITAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\Projects\Hist Districts\OSSHAO Lots Subject to CED Regulations SECTION 4.4.24 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: (1) Provide for mixed uses of residential, office, and commercial activities, with an emphasis on the arts, that will encourage the restoration or preservation of historic structures and, yet, maintain and enhance the historic and pedestrian scale of the area; [Amd. Ord. 13-93 2/23/93] (2) Stimulate greater awareness and pride in the City's architectural heritage, and create an atmosphere and feeling of"Old Delray Beach"; (3) Improve the environmental quality and overall livability of this Historic District and stabilize and improve property value therein, and; (4) Allow uses which promote preservation and adaptive reuse of all structures within the District. [Amd. Ord. 13-93 2/23/93] (B) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (1) Single family detached dwellings. [Amd. Ord. 59-04 11/16/04] (2) Duplex structures. [Amd. Ord. 59-04 11/16/04] (3) Business, Professional, Medical and Governmental Offices. [Amd. Ord. 59-04 11/16/04] (4) Retail uses and/or facilities through specialty shops (single purpose businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and pharmacies. [Amd. Ord. 35-10 10/19/10]; [Amd. Ord. 59-04 11/16/04] (5) 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. [Amd. Ord. 59-04 11/16/04] (6) Educational and/or Instructional activities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. [Amd. Ord. 59-04 11/16/04]; [Amd. Ord. 13-93 2/23/93] (7) Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding any drive-in and/or drive-through facilities or features. [Amd. Ord. 59-04 11/16/04]; [Amd. Ord. 13-93 2/23/93] 4.4-117 SECTION 4.4.24 (B) (8) (8) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. [Amd. Ord. 59-04 11/16/04] (9) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y). [Amd. Ord. 11-10 7/20/10]; [Amd. Ord. 59-04 11/16/04] (10) Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(H). [Amd. Ord. 59-04 11/16/04]; [Amd. Ord. 5-00 3/21/00] (11) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). [Amd. Ord. 59-04 11/16/04]; [Amd. Ord. 23-01 5/1/01] (12) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(B) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: [Amd. Ord. 59-04 11/16/04]; [Amd. Ord. 23-01 5/1/01]; [Amd. Ord. 5-00 3/21/00] (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7 and 19-24, Block 69 [Amd. Ord: 47-99 1/4/00] (d) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and [Amd. Ord. 79-04 1/18/05] (e) Lots 1- 6, Block 76 (13) Assisted Living Facilities [Amd. Ord. 01-10 1/19/10] (14) Residential Licensed Service Providers Facilities [Amd. Ord. 10-11 4/5/11] (15) Nursing Homes [Amd. Ord. 10-11 4/5/11] (C) Accessory Uses 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 its principal use a non-residential use, there may be no more than two residential units, either within a separate structure or within a structure housing a non-residential use. [Amd. Ord. 59-04 11/16/04]; [Amd. Ord. 13- 93 2/23/93] DELETED (a), (b), (c). [Amd. Ord. 59-04 11/16/04] (3) Family Day Care Home, pursuant to Section 4.3.3(T). [Amd. Ord. 25-10 10/19/10] 4.4 - 118 SECTION 4.4.24 (C) (4) (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. [Amd. Ord. 13-93 2/23/93] (6) Within the following described areas, the uses allowed as accessory uses in Section 4.4.13(C) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: [Amd. Ord. 57-07 1/03/08] (a) Lots 13-16, Block 60 (b) Lots 1- 4, Block 61 (c) Lots 1- 7 and 19-24, Block 69 (d) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and (e) Lots 1- 6, Block 76 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: DELETED (1)AND (2)AND RENUMBERED. [Amd. Ord. 59-04 11/16/04] (1) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. [Amd. Ord. 59-04 11/16/04]; [Amd. Ord. 13-93 2/23/93] (2) Child Care, and Adult Day Care. [Amd. Ord. 10-11 4/5/11]; [Amd. Ord. 20-08 4/15/08];[Amd. Ord. 59-04 11/16/04]; [Amd. Ord. 4-04 2/3/04]; [Amd. Ord. 35-00 1/2/01] (3) Public Parking lots not associated with a use. [Amd. Ord. 38-07 2/5/08]; [Amd. Ord. 59-04 11/16/04] (4) Residential-type inns, not to exceed more than eighteen (18) individually leased suites or rooms per acre. [Amd. Ord. 59-04 11/16/04]; [Amd. Ord. 9-98 2/17/98] (5) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). [Amd. Ord. 59-04 11/16/04]; [Amd. Ord. 23- 01 5/1/01] • (6) Large Family Child Care Home, subject to Section 4.3.3(TT). [Amd. Ord. 25-10 10/19/10] (E) Review and Approval Process: (1) All principal uses and accessory uses thereto, which do not require a permit shall be allowed upon application to, and approval by, the Chief Building Official. [Amd. Ord. 59-04 11/16/04] 4.4 - 119 SECTION 4.4.24 (E) (2) (2) Structures which require a building permit for external work must receive approval from the Historic Preservation Board, or the Director of Planning and Zoning or designee, as applicable, through the issuance of a Certificate of Appropriateness. [Amd. Ord. 59-04 11/16/04] (3) For new development, or a change in use which results in the requirement to provide additional parking, approval must be granted from the Historic Preservation Board pursuant to Sections 2.4.5 (F), (H), and (I). [Amd. Ord. 59-04 11/16/04] (4) Conditional uses must be approved pursuant to Section 2.4.5(E). Prior to action by the Planning and Zoning Board, the conditional use request must be reviewed by the Historic Preservation Board with a recommendation forwarded to the Planning and Zoning Board. [Amd. Ord. 59-04 11/16/04] (F) Development Standards: The development standards as set forth, for the OSSHAD District, in Section 4.3.4 apply, except as modified below: [Amd. Ord. 59-04 11/16/04]; [Amd. Ord. 13-93 2/23/93] (1) The following locations shall be subject to the development standards of the Commercial Core (CC) area of the CBD Zone District, excluding exceptions to height limitations provided in Section 4.3.4(J)(4): [Amd. Ord. 64-04 11/16/04]; [Amd. Ord. 59-04 11/16/04]; [Amd. Ord. 21-04 5/4/04]; [Amd. Ord. 13-93 2/23/93] (a) Lots 1- 7 and 19-24, Block 69 [Amd. Ord. 21-04 5/4/04]; [Amd. Ord. 47-99 1/4/00] (b) Lots 7- 8, and the South 34.75 feet of Lot 6, Block 75; and [Amd. Ord. 79-04 1/18/05]; [Amd. Ord. 21-04 5/4/04] (c) Lots 1- 6, Block 76 [Amd. Ord. 21-04 5/4/04] (2) The following locations shall be subject to the development standards of the West Atlantic Neighborhood (WAN) area of the CBD Zone District:: [Amd. Ord. 64- 04 11/16/04]; [Amd. Ord. 21-04 5/4/04]; (a) Lots 13-16, Block 60 [Amd. Ord. 21-04 5/4/04] (b) Lots 1-4, Block 61 [Amd. Ord. 21-04 5/4/04] (3) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 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. [Amd. Ord. 21-04 5/4/04]; [Amd. Ord. 13-93 2/23/93] (4) Except for properties identified in Sections 4.4.24(F)(1) and (2) and the Old School Square Cultural Arts Complex, the maximum width of a building fronting a street shall be limited to 60' and shall have a minimum separation of 15' between buildings fronting a street in a development site that contains more than one structure. [Amd. Ord. 59-04 11/16/04] (5) The floor area for the third floor shall be limited to 50% of the second floor area and the building setbacks or planes of the façade are offset and varied to provide visual relief. [Amd. Ord. 59-04 11/16/04] 4.4 - 120 SECTION 4.4.24 (F) (6) _ (6) Notwithstanding the provisions of Section 4.4.24(F)(4), or elsewhere in this code, residential-type inn developments, shall be permitted to connect adjacent on-site buildings using all-weather, covered walkways, that are constructed of not less than seventy percent (70%) vertical transparent glass or similar material. Said walkways shall be on the ground floor only, shall be located not closer than fifteen (15) feet from the front building face, and may be joined to elevators, lobbies, or accessory use facilities permitted herein. [Amd. Ord. 01-12 8/21/12]; [Amd. Ord. 59-04 11/16/04] (7) All properties located within the Old School Square Historic District and are subject.to the provisions of Section 4.5.1. Amd. Ord. 01-12 8/21/12] (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply: (1) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Article 4.6 of these Supplemental District Regulations [Subsection (G)], or provisions of the Banker's Row Development Plan, whichever is more permissive. [Amd. Ord. 13-93 2/23/93] (2) The perimeter landscaping requirements of Section 4.6.16(H)(3)(e) shall not apply. [Amd. Ord. 13-93 2/23/93] (3) All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the character of the area will be maintained. If approved, such parking shall be substantially screened from off-premises view by a hedge or decorative fencing. [Amd. Ord. 13-93 2/23/93] (4) Parking Requirements: [Amd. Ord. 83-93 1/11/94] (a) All non-residential uses, with the exception of restaurants, and business and professional offices, shall provide one parking space per 300 sq.ft. of total new or existing gross floor area being converted to non-residential use. This requirement may be reduced to one parking space per 400 sq.ft. of gross floor area, or by at least one space, where there is a mix of residential and non-residential use in the same structure. [Amd. Ord. 01-09 1/20/09]; [Amd. Ord. 83-93 1/11/94] [Amd. Ord. 13-93 2/23/93] (b) Restaurants shall provide six spaces per one thousand square feet of total new or existing floor area being converted to restaurant use, except for Lots 1 through 6 in Block 69 where 12 spaces per 1,000 square feet of gross floor area up to 6,000 sq. ft. and then 15 spaces per 1,000 sq. ft. of gross floor area over the initial 6,000 sq. ft. is required. [Amd. Ord. 29-11 9/20/11]; [Amd. Ord. 83-93 1/11/94] 4.4 - 121 • SECTION 4.4.24 (G) (4) (c) (c) Residential-type inns shall provide one parking space per guest room/unit. Other accessory uses shall be calculated separately based — upon square footage of the use area as provided for in subsections 4.4.24 (G) (4) (a) and (b) above. [Amd. Ord. 9-98 2/17/98] (d) Business and professional offices shall provide one (1) space per 300 sq. ft. of total new or existing net floor area being converted to office use. This requirement may be reduced to one parking space per 400 sq.ft. of net floor area, or by at least one space, where there is a mix of residential and office use in the same structure. [Amd. Ord. 01-09 1/20/09] (5) If the required parking is not or cannot be provided on-site or off-site, or it is just inappropriate to provide it on site, 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. [Amd. Ord. 21-11 8/2/11]; [Amd. Ord. 13-93 2/23/93] (6) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. [Amd. Ord. 01-12 8/21/12]; [Amd. Ord. 6-01 2/20/01] (7) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the Visual Compatibility Standards of Section 4.5.1(E)(8). [Amd. Ord. 01-12 8/21/12] (H) Special District Regulations: (1) The gross floor area of residential units within a structure containing permitted non-residential use(s) shall not exceed 50% of the gross floor area of the structure within which they are located. [Amd. Ord.38-07 2/5/08];[Amd. Ord. 13-93 2/23/93] (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. [Amd. Ord. 13-93 2/23/93] (3) Residential-type inns shall create a transitional or buffer area between residential uses and non-residential uses (such as office, commercial, etc.) which are either on or near the subject property. [Amd. Ord. 9-98 2/17/98] (4) A residential-type inn shall be associated with an historic structure and must be residential in design, scale and character. [Amd. Ord. 9-98 2/17/98] (5) Catering services cannot exceed 2,000 sq. ft. of total floor area and shall not have overnight storage of more than two vehicles, which shall not exceed 1-1/2 ton capacity. [Amd. Ord. 5-00 3/21/00] 4.4 - 122 SECTION 4.4.24 (H) (6) (6) 24-Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(W). [Amd. Ord. 41- 01 8/7/011 (7) Duplex structures must have an integrated design to give the appearance of a single family dwelling. [Amd. Ord. 59-04 11/16/04] 4.4 - 123 SECTION 4.4.13 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 Commercial Core designation on the Future Land Use Map. The areas described below and shown in Figures 4.4.13-1, 4.4.13-2 and 4.4.13-3 provide for development that is consistent with the adopted Downtown Delray Beach Master Plan. [Amd. Ord. 64-04 11/16/04]; [Amd. Ord. 21-04 5/4/04] • Central Core: The intended . _ IPi1II_to result in develo men. — /` iiik p -- 5�111111 III III that preserves the -°•-7 — _,_ .� M�1II■ ��I downtowns historic =_ 5 _ idl _ _ 11 _UT� moderate scale, while =_ --__ , arE.____ ii■m iu1iup promoting a balanced mixon. , /[.III: 1.' .,gun IN Waiilliiiiid of uses that will help the _ i-�N`__`_ =—per �1nui area evolve into a i J� =,= :MP■■ traditional, self-sufficient . i J = -F - . ' +r__AIMIM �� downtown. Residential --t- ��i 4.=-L- -!!m■'!■ a development is permitted Mr r- EV LI - - ilja at higher densities in this ah MI arm mi IIIIII®i Azr kip Ffili .--zrf. area than any other part n-mii11I1m1 Ell III F '�®piilii ;iiii JIjL ll'inn innlof the city, in order to J _ a:foster com act ; M__ =- compact, � gi.ELE ,�=:� r .11111.E pedestrian oriented -1110■a-®__'. W BE @_ "1' -_- an nnw growth that will support , yam _ a ! I! IE 1 '�r downtown businesses. Mil I -- = — �' ' MM21 i a S'-.1_F.1 . is id ■i■I.w. ,..,I [Amd. Ord. 21-04 ___- - _C _ - - MUM 5/4/04] "Mi 3 -- = n111111. _ —ss 11, ID ��■IIIIU E = _=C C� I111 I�. _ T- li , II illy '-11 , 1 r l—�m 111llllT1 I I I I I I I�� '�ui1:►4aia�� IirmilIlil I1 11 = --a -- AM N �- CENTRAL CORE CM Cr D1N.v B[AM.IL CBD(CENTRAL BUSINESS DISDLCT)ANO CBD RC tin4&•,5G a,CNYC OFTWI.0ni (CENTRAL BUSINESS DISTRICT-RAIL CORRIDOR)ZONED DISTRICTS '--inns BASE 8$?SIS/EII-- Figure 4.4.13-1 —Central Core 4.4 -58 • SECTION 4.4.13 (A) • Beach Area: The goal for this area is to "preserve and enhance the character of these areas, the public condition of the beach, the vitality of its center, and the natural environment." The Master Plan calls for redevelopment of existing buildings in a manner that places storefronts close to the street and parking in the rear. Where existing buildings are separated from the pedestrian ways by wide landscaped areas, the addition of arcades and new building square footage to bring the storefronts closer to the street is encouraged. [Amd. Ord. 21-04 5/4/04] - z,--, .-_ �l" j"� ��'� - —#- __ ___E. ..=. __-..._ . -.__ ___;z ��~ti -� �=___ .__ _, ,_rj__ REM == = � —5 — _ = i. 1 Fl. PIP Om �� r r ran t ' a : =_-_ i ,7___-,R.1.- crtu f 1 ; iarn's •IIIJI=' waww IiI 'Ir t,I.,.it- 1 I,. an ®® III I I 1 rnn in®z ► CC.1.0 z, awawa t ATLANTIC AVENUE O IIIIIIM4 r �n1111111iU1�®Tlllllll��lllllll �,: `gyp 11 _ `."� ... a I11I I I I __ i s n= III 1 _k�p11�1 = == r. -. == I ti 1 --hi®_ —.R =; =_ -' .Illl !IIIL_ IT = U J - ■ � -1-7' is=i= E._ _ _ .- ■ -1 1 �' .II � - ='-\III IU III IT11 I 1 1 1 _ NLLAS CaNaa 1 = I 1111111 _ =7 i 4 1 1111111 E= Ili: I E : ,,�s �� N -201.-- BEACH AREA CITY OF DELRAY TEACH.FL CBD(CENTRAL BUSINESS DISTRICT)ZONED DISTRICT PLANNING h DUNG DEPARTMENT --DrlTAL t24.SE MAP SYST£A!-- • Figure 4.4.13-2-Beach Area 4.4 - 59 SECTION 4.4.13 (A) West Atlantic Avenue Neighborhood: The goal for this area is to provide for development that is consistent with the adopted West Atlantic Avenue Redevelopment Plan and the Downtown Delray Beach Master Plan. The emphasis is on the preservation and enhancement of existing neighborhoods, while promoting a pedestrian friendly commercial area along Atlantic Avenue that contains a mix of residential, commercial and civic functions. Businesses that are oriented toward serving the local neighborhood, as opposed to a regional area, are encouraged. [Amd. Ord. 64-04 11/16/04] -,, 1111111111111111111111�ii■�iii11,ll r�!ati,...- N MI 1111■1111l = K mvor ,„._,.,,..= _...1 SOF. EM .41 , — . -wiwilim IIE E a' MM = --—�K PPARS WMYMI—_ —_ btt lin 1nij 1 1 1 .__IN Jp -etasp � F', -=_== = 11111®M� G'� - �—-- `1 _ CBD IV -- TIANTIC CBD VENUE — i _ _ ..nor 1 _ -1 I a=_-__ =,-,,== = =_- EH:1= En In m ' EL i El= S =IP=,L.=-= il ��hUB!! II U �T��e 111 _ in ___ =u =■* __IIIM111 = HIlll_ __ /.. Ci I =- -e- I. III =or Wring =--� ==I I _______ IIIII®ij =,�- III ]Z . n -- k--- i--.----- --- ---.T'-:� — .-ic --- - Y I 'F7/ 1 I==- �— e N -sism- WEST ATLANTIC NEIGHBORHOOD CITY or oEUUY nz4cN.rt. CBD(CENTRAL BUSINESS DISTRICT)ZONED DISTRICT PIANN:NC&ZON'NG DEPARTMENT --DIGITAL 1745,WV'gnaw-- Figure 4.4.13-3-West Atlantic Neighborhood 4.4 - 60 SECTION 4.4.13 (B) (B) Principal Uses and Structures Permitted: The following types of use are allowed within the CBD District as a permitted use: (1) General retail uses and/or facilities, including, but not limited to: [Amd. Ord. 35-10 10/19/10]; [Amd. Ord. 22-99 7/20/99] (a) Antiques,-arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pharmacies, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, 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. [Amd. Ord. 35-10 10/19/10]; [Amd. Ord. 22-99 7/20/99] . (2) Business, Professional and Medical uses pursuant to restrictions set forth in Section 4.4.13(H)(1) including, but not limited to: [Amd. Ord. 09-10 7/20/10]; [Amd. Ord. 45-06 9/19/06]; [Amd. Ord. 22-99 7/20/99] (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business, medical and professional offices. [Amd. Ord. 09-10 7/20/10]; [Amd. Ord. 22-99 7/20/99] (3) Services and facilities including, but not limited to: (a) 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, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). With the exception of bicycles with an electric-helper motor as defined in section 72.02, Delray Beach Code of Ordinances, all rented sporting goods must be non-motorized. [Amd. Ord. 36-11 10/18/11]; [Amd. Ord. 15-98 4/21/98] (b) 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. (c) Public open space plazas [Amd. Ord. 32-09 8/4/09] 4.4 - 61 SECTION 4.4.13 (B) (4) (4) Multi-family dwelling units, including residential licensed service provider facilities, but excluding duplexes, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling units per acre. [Amd. Ord. 10-11 4/5/11]; [Amd. Ord. 64-04 11/16/04]; [Amd. Ord. 8-98 2/3/98]; [Amd. Ord. 80-95 12/5/95] (5) Hotels, motels, and residential-type inns except in the West Atlantic Neighborhood. [Amd. Ord. 11-10 7/20/10]; [Amd. Ord. 64-04 11/16/04]; [Amd. Ord. 9-98 2/17/98] (6) Assisted Living Facilities, Nursing Homes, and Continuing Care Facilities, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling units per acre. [Amd. Ord. 10-11 4/5/11]; [Amd. Ord. 01-10 1/19/10]; [Amd. Ord. 20- 08 4/15/08] (7) Bed and Breakfast Inns, except in the West Atlantic Neighborhood, subject to the provisions of Section 4.3.3(Y). [Amd. Ord. 11-10 7/20/10] (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) A single family residence, either separate or within a structure housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to a multi-family residential development, such as tennis courts, swimming pools, exercise areas, and meeting rooms. [Amd. Ord. 80-95 12/5/95] (7) Single level mechanical parking lifts for in-fill development projects that have been vacant for a minimum period of one (1) year, pursuant to the requirements of Sections 4.6.9(D)(11) and 4.6.9(F)(4). [Amd. Ord. 02-08 2/19/08]; [Amd. Ord. 34-07 9/18/07] (8) Family day care home pursuant to Section 4.3.3(T). [Amd. Ord. 25-10 10/19/10] 4.4 - 62 SECTION 4.4.13 (D) (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: DELETED NUMBERS AND RENUMBERED. [Amd. Ord. 10-11 4/5/11] ;[Amd.Ord.20-08 4/15/08] (1) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (2) Child care and adult day care. (3) Financial institutions, e.g., banks and similar institutions including drive through facilities pursuant to restrictions set forth in Section 4.4.13(H)(1). [Amd. Ord. 45-06 9/19/06]; [Amd. Ord. 70-04 1/4/05] (4) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. [Amd. Ord. 70-04 1/4/05] (5) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which front along Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E. 4th Street. [Amd. Ord. 70-04 1/4/05]; [Amd. Ord. 64-04 11/16/04]; [Amd. Ord. 22-99 7/20/99] (6) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. [Amd. Ord. 70-04 1/4/05] (7) Veterinary clinics. [Amd. Ord. 70-04 1/4/05]; [Amd. Ord. 14-91 02/26/91] (8) Movie theaters, excluding drive-ins. [Amd. Ord. 70-04 1/4/05] • (9) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances). [Amd. Ord. 70-04 1/4/05] (10) Flea markets, bazaars, merchandise marts, and similar retail uses. [Amd. Ord. 70-04 1/4/05]; [Amd. Ord. 51-92 10/27/92] (11) Wash establishment, with automatic/mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. Further, this use must be established on property with a minimum lot area of 20,000 sq.ft. [Amd. Ord. 70-04 1/4/05]; [Amd. Ord. 51-93 10/26/93] (12) Multi-family dwelling units, including residential licensed service provider facilities and assisted living facilities, but excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of Section 4.4.13(I).[Amd. Ord. 47-11 1/3/12]; [Amd. Ord. 10-11 4/5/11]; [Amd. Ord. 70-04 1/4/05]; [Amd. Ord. 54- 01 11/20/01]; [Amd. Ord. 8-98 2/3/98] (13) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). [Amd. Ord. 70-04 1/4/05]; [Amd. Ord. 23-01 5/1/01] 4.4 - 63 SECTION 4.4.13 (D) (14) (14) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). [Amd. Ord. 70-04 1/4/05]; [Amd. Ord. 37-01 7/10/01] (15) Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood. [Amd. Ord. 70-04 1/4/05]; [Amd. Ord. 64-04 11/16/04] (16) Hotels, motels, and residential-type inns on property located within the West Atlantic Neighborhood. [Amd. Ord. 11-10 7/20/10]; [Amd. Ord. 70-04 1/4/05]; [Amd. Ord. 64-04 11/16/04] (17) Free standing or mixed-use residential development, including residential licensed service provider facilities and assisted living facilities at a density greater than twelve (12) units per acre, but not exceeding 30 units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(I). [Amd. Ord. 47-11 1/3/12]; [Amd. Ord. 10-11 4/5/11]; [Amd. Ord. 27-07 8/21/07]; [Amd. Ord. 70-04 1/4/05]; [Amd. Ord. 64-04 11/16/04] (18) Bed and Breakfast Inns within the West Atlantic Neighborhood, subject to the provisions of LDR Section 4.3.3(Y) [Amd. Ord. 11-10 7/20/10] (19) Live/Work Unit, subject to Section 4.3.3 (KKK). [Amd. Ord. 23-10 10/5/10] (20) Large Family Child Care Home subject to Section 4.3.3(TT). [Amd. Ord. 25-10 10/19/10] (21) Segway Tours and Segway Sales pursuant to restrictions set forth in Section 4.3.3(ZZZZ). [Amd. Ord. 04-11 4/5/11] (E) Review and Approval Process: (1) In established structures, uses shall be allowed therein upon application to, and approval by, the Chief Building Official for an occupational license. (2) For any new development, approval must be granted by the Site Plan Review and Appearance Board (SPRAB) pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(I), unless the property is located within a designated historic district or is individually designated. [Amd. Ord. 01-12 8/21/12] (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (4) Applications for conditional use approval pursuant to Section 4.4.13(I) must include, in addition to the standard application items of 2.4.3(A), a site and development plan (including landscaping, elevations, and floor plans) that are of sufficient detail to determine that the applicable performance standards are being met. Final approval of the detailed site plan is by the Site Plan Review and Appearance Board. [Amd. Ord. 8-98 2/3/98] 4.4 - 64 SECTION 4.4.13 (E) (5) (5) The process for modification of a conditional use and site plan approved pursuant to Section 4.4.13 (I) is as follows: [Amd. Ord. 8-98 2/3/98] (a) Modifications to any aspect of the plan that was a basis for determining compliance with the applicable performance standards shall be processed as a modification to the conditional use approval. [Amd. Ord. 8-98 2/3/98] (b) Modifications to the plan that do not affect the application of the performance standards may be processed as a site plan modification. [Amd. Ord. 8-98 2/3/98] (6) All development applications which are processed through either the Planning and Zoning Board, SPRAB, or HPB shall be referred to the Downtown Development Authority and the Community Redevelopment Agency prior to action by the approving body. [Amd. Ord. 01-12 8/21/12]; [Amd. Ord. 8-98 2/3/98] (7) Any development of properties located within a Historic District or Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I) is subject to review by the Historic Preservation Board, pursuant to Section 2.2.6(D). [Amd. Ord. 01-12 8/21/12] (F) Development Standards: The development standards set forth in Section 4.3.4 shall apply, except as modified below. In case of conflict with other applicable development regulations, this Section shall apply: [Amd. Ord. 24-95 5/16/95] (1) Height: The CBD is a geographic area in which exceptions to height regulations are allowed pursuant to Section 4.3.4(J). [Amd. Ord. 21-04 5/4/04] (a) Overall Height of buildings shall be a minimum of twenty-five feet (25') and a maximum of forty-eight feet (48') in height. Exceptions to the height limitations shall comply with Section 4.3.4(J)(3) and (4). For the purposes of this section, height is defined as the vertical distance from grade to the highest finished roof surface of a flat roof, or the soffit above the last habitable floor of a gable, hip or gambrel roof. Amd. Ord. 6-07 3/5/07] (b) Arcade Height shall be a minimum ten feet (10'), measured from finished arcade floor to finished arcade ceiling. 4.4 - 65 SECTION 4.4.13 (F) (1) (c) (c) Floor Height shall be a minimum of ten feet (10') for ground floors and a minimum height of nine feet (9') for all other floors. Hotel/Motel and all suite lodging shall have a minimum floor height of eight feet six inches (8'6") for all floors, provided that the lobby and all public rooms shall have a minimum floor height of ten feet (10'). All heights shall be measured from finished floor to finished ceiling. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing equipment rooms are exempted from the floor height regulations. Amd. Ord. 6-07 3/5/07] NOTE:EXEMPTIONS TO 25 FT.MIN. HEIGHT ARE PROVIDED 48 FT. BUILDING IN 4.4.13(F)(1)(C)ABOVE. HEIGHT • NM 9 FT.MIN. 10 FT. MM�MIIN. / /� Figure 4.4.13-4—Building Height Requirements [Amd.Ord.6-07 3/5/07] (2) Open Space: A minimum of 10% non-vehicular open space shall be provided, except as follows: [Amd. Ord. 01-12 8/21/12]; [Amd. Ord. 22-99 7/20/99]; [Amd. Ord. 24-95 5/16/95] (a) There shall be no minimum open space requirement within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2(B); within the Pineapple Grove Main Street area; or east of the Intracoastal Waterway. [Amd. Ord. 01-12 8/21/12] (b) The body acting upon a development application for a property within • the CBD may require that open areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. [Amd. Ord. 01- 12 8/21/12] 4.4 - 66 SECTION 4.4.13 (F) (3) (3) Building Frontage: [Amd. Ord. 6-07 3/5/07]; [Amd. Ord. 64-04 11/16/04]; [Amd. Ord. 21-04 5/4/04] (a) The building frontage for an interior lot is the portion of the lot abutting the primary street minus the minimum required side setbacks. (b) The building frontage for the primary street side of a corner lot is the portion of the lot abutting the primary street minus the minimum required side setbacks. (c) The building frontage for the secondary street side of a corner lot is the portion of the lot abutting the secondary street minus the minimum required front and rear setbacks. (d) Frontage and setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. r/ 111� F-IJJ WQ 1110 § '11% }it % '11 0( ce % PRIMARY STREETPRIMARY 1 o z 1 11 STREET BUILDING z- r%/ BUILDING FRONTAGE 111% m 11%FRONTAGE 1!100/%,Lc'/1 4b 00000 ---____ ____ R.O.W. R.O.W. R.O.W. Figure 4.4.13-5—Building Frontage (4) Front Setbacks: [Amd. Ord. 6-07 3/5/07] (a) The following minimum front setbacks shall apply in all districts: 1. For buildings with residential uses on ground floor: ten feet (10') 2. For buildings with nonresidential uses on the ground floor: five feet (5') 3. For arcaded buildings fronting on A-1-A or on Atlantic Avenue within the West Atlantic and Beach Area districts: zero feet (0') 4.4 -67 SECTION 4.4.13 (F) (4) (b) (b) In addition to Section 4.4.13(F)(4)(a) above, for buildings fronting on A- 1-A, Atlantic Avenue in the West Atlantic Neighborhood and Beach Districts, and on NE and SE 5th and NE and SE 6th Avenues: 1. LOWER LEVELS - Ground floor to thirty-seven feet (37'): A minimum of seventy percent (70%) and a maximum of ninety percent (90%) of the building frontage shall be set back no greater than ten feet (10') from the property line. The remaining length of the building shall be setback a minimum of fifteen feet (15') from the property line. 2. UPPER LEVELS - above thirty-seven feet (37') to forty-eight feet (48'): At least seventy percent (70%) of the frontage shall be set back a minimum of fifteen feet (15') from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that is thirty-seven feet (37') to forty-eight feet (48') in height shall not exceed seventy percent (70%) of the floor area contained within the allowable ground level footprint. (c) In addition to Section 4.4.13(F)(4)(a), above, for buildings fronting on other rights-of-way in the CBD: 1. LOWER LEVELS - Ground floor to twenty-five feet (25'): A minimum of seventy percent (70%) and a maximum of ninety percent (90%) of the building frontage shall be set back no greater than ten feet (10') from the property line. The remaining length of the building shall be set back a minimum of fifteen feet (15') from the property line. 2. UPPER LEVELS - above twenty-five feet (25') to forty-eight feet (48'): At least seventy percent (70%) of the frontage shall be set back a minimum of fifteen feet (15') from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that is twenty-five feet (25') to forty-eight feet (48') in height shall not exceed seventy percent (70%) of the floor area contained within the allowable ground level footprint. 4.4 - 68 SECTION 4.4.13 (F) (4) (d) (d) In addition to Section 4.4.13(F)(4)(a), above, where allowed: 1. UPPER LEVELS — above forty-eight feet (48'): At least ninety percent (90%) of the frontage shall be set back a minimum of thirty feet (30') from the property line. The remaining length of the building shall comply with the minimum required setbacks. The floor area for each floor contained within the portion of the structure that exceeds forty-eight feet (48') in height shall not exceed fifty percent (50%) of the floor area contained within the allowable ground level footprint. (e) Exceptions: 1. Three (3) story town homes having residential uses on all three levels are not required to comply with upper level frontage and floor area requirements. Ground floor frontage and setback requirements shall apply. Each story shall not exceed twelve feet (12') in height. 2. Modifications to the frontage requirements may be permitted to accommodate stair towers, elevator shafts, life and safety elements, other non-habitable elements of the structure, sight visibility triangles, vehicular access ways, and utilities. In all cases the modification shall be the minimum required to accommodate the necessary feature. 3. Lots of record with a width of fifty feet (50') or less shall be exempted from the building frontage requirements provided a minimum five foot (5') to maximum ten foot (10') setback is provided for the portion of the building from finished grade to twenty-five feet (25') in height and a minimum fifteen foot (15') setback is provided above a height of twenty-five feet (25') and above forty-eight feet (48') a thirty foot (30') minimum setback from the property line shall apply. 4. Modifications to the frontage requirements may be granted by the Site Plan, Review and Appearance board or the Historic Preservation Board in order to accommodate plazas that connect the building to the sidewalk and promote social interaction by offering one or more of the following: public seating areas, sidewalk cafes, sculptures or other artwork for public display, and similar features. 5. Parking garages, subject to minimum front and street side setbacks of ten feet (10'), and a minimum setback of five feet (5') from any alley right of way. Parking garages must comply with the requirements of Section 4.6.18(B)(14)(vi)(4). 4.4 - 69 SECTION 4.4.13 (F) (4) (e) 6. 6. Modifications to the frontage requirements may be granted by the Site Plan Review and Appearance Board or the Historic Preservation Board in order to accommodate civic buildings such as libraries, cultural facilities, municipal buildings, etc. (f) Supplemental: 1. The front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent right-of- way. 2. Building and site design shall incorporate Crime Prevention Through Environmental Design (CPTED) standards to the greatest extent possible. 3. Arcades shall have a minimum width of ten feet (10'), inclusive of columns or pilasters up to a maximum width of two feet (2'). (5) Side Interior Setbacks for all buildings shall be as follows: [Amd. Ord 21- 04 5/4/04] (a) Zero feet (0') from the property line if there is vehicular access available to the rear of any structure, or (b) Ten feet (10') from the property line where no vehicular access is available to the rear of any structure. For a side interior lot, a ten foot (10') setback is required only on one (1).side. (c) Buildings shall also comply with Section 4.6.4(A), as applicable. [Amd. Ord. 6-07 3/5/07] (6) Side Street Building Frontage and Setbacks [Amd. Ord. 64-04 11/16/04; [Amd. Ord. 21-04 5/4/04] (a) Side street setbacks shall be taken from the property line, or if a dedication is required, from the resulting property line after dedication. (b) Side street building frontage and setbacks shall comply with the applicable requirements in Section 4.4.13(F)(4). [Amd. Ord. 6-07 3/5/07] (c) Corner lots may continue primary frontage setbacks for a distance of sixty feet (60') from the front property line or if a dedication is required from the resulting property line after dedication. [Amd. Ord. 6-07 3/5/07] 4.4 - 70 SECTION 4.4.13 (F) (6) (c) SAME DEVELOPMENT STANDARDS MAY APPLY TO FIRST 60 FT. .►1- %T >.. or"ir 160 FT. PRIMARY R.O.W. Figure 4.4.13-6—Corner lots [Amd.Ord.6-07.3/5/07] (7) Rear Setbacks [Amd. Ord. 6-07 3/5/07] (a) All building floors shall be a minimum of ten feet (10') from the property line. (b) Buildings shall also comply with Section 4.6.4(A), as applicable. (8) Structures Allowed Within Setback [Amd. Ord. 21-04 5/4/04] (a) Balconies may encroach a maximum of four feet (4') into the setbacks. (b) Loggias and Trellises above the ground floor are allowed to encroach into the setbacks provided they do not exceed the required building setback of the portion of the floor directly below it. (c) Roof Eaves may encroach into the setbacks a maximum of four feet (4'). 4.4 -71 SECTION 4.4.13 (F) (8) • ROOF EAVES MAX.4 FT. OPEN TRELLISES AND LOGGIAS BALCONIES 4 FT.MAX. �� ,..,ice....................,...., PROPERTY LINE Figure 4.4.13-7—Encroachments (9) Historic Districts, Sites, and Buildings: In addition to the above, properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), are subject to the provisions of Section 4.5.1. [Amd. Ord. 01-12 8/21/12] (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Central Core and Beach Area supplemental Regulations: [Amd. Ord. 64-04 11/16/04] (a) Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking requirements for all non-residential uses, except restaurants, hotels and motels, business and professional offices, and call centers, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated. Within all other geographic areas of the Central Core and Beach Area within the CBD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). [Amd. Ord. 08-13 4/16/13]; [Amd. Ord. 01-09 1/20/09]; [Amd.Ord. 35-07 9/18/07]; [Amd. Ord. 64-04 11/16/04]; [Amd. Ord. 61-01 1/8/02]; [Amd. Ord. 4-01 2/6/01]; [Amd. Ord.63-93 11/23/93] 4.4 - 72 SECTION 4.4.13 (G) (1) (b) (b) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. [Amd. Ord. 6-01 2/20/01]; [Amd. Ord. 63-93 11/23/93] (c) If the required parking is not or cannot be provided on-site or off-site, the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. [Amd. Ord. 21-11 8/2/11]; [Amd. Ord. 63-93 11/23/93] (d) For all property located from Swinton Avenue on the west to NE/SE 5th Avenue to the east, between Atlantic Avenue and the east-west alleys on the north and south sides of Atlantic Avenue, as shown on the Town of Linton Plat (P.B. 1, P.G. 3), the parking requirement for restaurants is established at 12 spaces per 1,000 square feet of gross floor area up to 6,000 sq. ft. and then 15 spaces per 1,000 sq. ft. of gross floor area over the initial 6,000 sq. ft., with the exception of Old School Square. The parking requirement for restaurants in the balance of the Central Core and Beach Area is established at six (6) spaces per 1,000 sq. ft. of gross floor area. [Amd. Ord. 29-11 9/20/11]; [Amd. Ord. 01-09 1/20/09]; [Amd. Ord. 63-93 11/23/93] (e). The parking requirement for hotels and motels within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and 12 spaces per 1,000 square feet of gross floor area up to 6,000 sq. ft. and then 15 spaces per 1,000 sq. ft. of gross floor area over the initial 6,000 sq. ft., for restaurants and lounges within a hotel or motel on property located from Swinton Avenue on the west to NE/SE 5th Avenue to the east, between Atlantic Avenue and the east-west alleys on the north and south sides of Atlantic Avenue, as shown on the Town of Linton Plat (P.B. 1, P.G. 3). In the balance of the Central Core and Beach Area, the minimum parking requirement is six (6) spaces per 1,000 sq. ft. of gross floor area devoted to restaurants and lounges within the hotel or motel. [Amd. Ord. 29-11 9/20/11]; [Amd. Ord. 01-09 1/20/09]; [Amd. Ord. 35-07 9/18/07] 4.4 -73 SECTION 4.4.13 (G) (1) (f) (f) The parking requirements for residential units in multi-family structures and mixed-use buildings shall be as follows: [Amd. Ord. 37-99 10/19/99] • Efficiency dwelling unit 1.0 space/unit • One bedroom dwelling unit 1.25 spaces/unit • Two or more bedroom dwelling unit 1.75 spaces/unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21-50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit (g) Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. [Amd. Ord. 01-12 8/21/12]; [Amd. Ord. 37-01 7/10/01] (h) Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. [Amd. Ord. 01-12 8/21/12]; [Amd. Ord. 6-03 5/20/03] (i) The parking requirement for business and professional offices within the following portions of the CBD is established at one (1) space per 300 sq. ft. of net floor area. [Amd. Ord. 01-12 8/21/12]; [Amd. Ord. 01-09 1/20/09]; [Amd. Ord. 07-09 3/3/09] 1. The portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south; [Amd. Ord. 07-09 3/3/09] 2. The portion of the CBD bounded by N.E. 5th Avenue on the west, N.E. 6th Avenue on the east, N.E. 2nd Street on the south and George Bush Blvd. on the north; and [Amd. Ord. 07-09 3/3/09] 3. The portion of the CBD bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 2nd Street on the north and S.E. 4th Street on the south. [Amd. Ord. 07-09 3/3/09] 4.4 - 74 SECTION 4.4.13 (G) (2) (2) West Atlantic Neighborhood Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B): [Amd. Ord. 64-04 11/16/04] (a) Commercial structures are limited to a maximum depth of 150 feet from the ultimate right-of-way of Atlantic Avenue, unless the parcel has frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. Establishment or expansion of structures beyond the 150 foot limit may be allowed as a conditional use, subject to the required findings of Section 2.4.5(E)(5). (b) There is no restriction on repair and/or reconstruction of non- conforming single family residences located a minimum of 150 feet from Atlantic Avenue. (c) Six (6) parking spaces per 1,000 square feet of gross floor area are required for restaurants and one (1) parking space per 300 square feet of gross floor area is required for all other non-residential uses, except hotels and motels, and business and professional offices. Parking spaces for residential uses are required at the rates established in Section 4.6.9(C)(2). [Amd. Ord. 01-09 1/20/09] (d) The parking requirement for hotels and motels is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (e) If the required parking is not or cannot be provided on-site or off-site, the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. [Amd. Ord. 21-11 8/2/11] (f) Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate, the Site Plan Review and Appearance Board may approve an alternate location. (g) The parking requirement for business and professional offices is established at one (1) space per 300 sq. ft. of net floor area. [Amd. Ord. 01-09 1/20/09] (3) Historic Districts, Sites, and Buildings: Properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I), shall comply with the Visual Compatibility Standards of Section 4.5.1(E)(8). [Amd. Ord. 01-12 8/21/12] 4.4 -75 SECTION 4.4.13 (H) (H) Special Regulations: (1) Office uses including financial institutions (e.g. banks, savings and loans, credit unions, and mortgage offices) shall not be allowed on the ground floor within businesses which have an entry from and/or windows along and/or frontage on Atlantic Avenue in the Central Core Area or the Beach Area. Office uses shall be allowed up to 50% of the ground floor as a permitted use within businesses which have an entry from and/or windows along and/or frontage on Atlantic Avenue in the West Atlantic Area and as a Conditional Use if greater than 50%. Office uses are allowed on floors other than the ground floor along Atlantic Avenue and on all floors elsewhere in the CBD district. This regulation shall not apply to existing buildings in the Central Core Area or the Beach Area that have 80% or more of their frontage at a setback of 25 feet or greater. [Amd. Ord. 21-07 6/19/07]; [Amd. Ord. 45-06 9/19/06] (2) The sale of second hand material, other than verifiable antiques, shall not be allowed within businesses nor on properties which have an entry from and/or windows along and/or frontage on Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street. [Amd. Ord. 45-06 9/19/06]; [Amd. Ord. 64-04 11/16/04]; [Amd. Ord. 22-99 7/20/99]; [Amd. Ord. 14-98 3/17/98]; [Amd. Ord. 58-90 12/11/90] (3) The sale of automotive parts, firearms, and lawn care equipment, shall not be allowed within the West Atlantic Neighborhood nor within businesses or on properties which have an entry from and/or windows along and/or frontage on East Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street. [Amd. Ord. 45-06 9/19/06]; [Amd. Ord. 64-04 11/16/04] (4) The picking-up, dropping-off, or otherwise transporting workers, assigned through an employment agency, from an assembly point in the CBD to the work site is prohibited, except within the West Atlantic Neighborhood area provided the structure involved does not have an entrance from and/or windows facing West Atlantic Avenue. [Amd. Ord. 45-06 9/19/06]; [Amd. Ord. 64-04 11/16/04] (5) Within the West Atlantic Neighborhood, all permitted uses with drive- through facilities shall require conditional use approval. [Amd. Ord. 45-06 9/19/06]; [Amd. Ord. 64-04 11/16/04] (6) Minimum floor area for multi-family residential dwelling units shall be as established for the Medium Density Residential (RM) zoning district in Section 4.3.4(K). [Amd. Ord. 45-06 9/19/06]; [Amd. Ord. 8-98 2/3/98]; [Amd. Ord. 80-95 12/5/95] (7) Multi-family dwelling units may be located in structures that are comprised of residential units only or in mixed-use buildings that contain a combination of residential and non-residential uses. However, where residential uses are located in structures having frontage on Atlantic Avenue, NW/SW 5th Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), there must be nonresidential uses fronting the Avenue on the ground floor. In lieu of providing non-residential uses fronting the west side of N.E. 2nd Avenue between N.E. 3rd Street and N.E. 4th Street (hereinafter referred to as the 4.4 - 76 SECTION 4.4.13 (H) (7) exception area), the developer may elect to provide a building and property fronting on N.E. 2nd Avenue at the intersection of N.E. 3rd Street and N.E. 2nd Avenue which shall be conveyed to the City for Community Facility purposes and dedicate an area for Open Space in the northeast corner at the intersection of N.E. 2nd Avenue and N.E. 4th Street. The purpose of the alternative is to encourage pedestrian travel, promotion of the Arts, the provision of needed Open Space, encouraging public art and to provide space for an entry way feature, all of which is in keeping with the vision for Pineapple Grove. If the developer chooses the alternative in the exception area instead of providing non- residential uses, he must submit a developer's agreement containing terms acceptable to the City at the time of application of a building permit. [Amd. Ord. 47-06 10/03/06]; [Amd. Ord. 45-06 9/19/06]; [Amd. Ord. 64-04 11/16/04]; [Amd. Ord. 22-99 7/20/99]; [Amd. Ord. 8-98 2/3/98]; [Amd. Ord. 80-95 12/5/95] (8) The rental of sporting goods and equipment shall be limited to no more than one business renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a straight line from door to door, and any outdoor displays are subject to the restrictions set forth in Section 4.6.6(C)(3). [Amd. Ord. 45-06 9/19/06]; [Amd. Ord. 15-98 4/21/98] (9) 24-Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(W). [Amd. Ord. 45- 06 9/19/06]; [Amd: Ord. 41-01 8/7/01] DELETED SUBPARAGRAPHS 4.4.13(H) (3)AND(4)IN THEIR ENTIRETY. [Amd.Ord. 33-95 6/20/95] (I) Performance Standards These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than thirty (30) dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neighborhood. [Amd. Ord. 64-04 11/16/04]; [Amd. Ord. 8-98 2/3/98] (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. All eligible developments to use these performance standards shall provide twenty percent (20%) of the residential units above thirty (30) dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neighborhood as Workforce Housing units (fractions shall be rounded up). The workforce housing units shall be divided between low and moderate income levels and shall comply with other applicable provisions of Article 4.7. The units shall be provided either onsite, offsite or through a monetary contribution or as noted in LDR Section 4.7.2 c. [Amd. Ord. 52-08 11/18/08]; [Amd. Ord. 19-06 4/4/06]; [Amd. Ord. 54-01 11/20/01]; [Amd. Ord. 8-98 2/3/98] 4.4 -77 SECTION 4.4.13 (I) (2) (2) In addition to the standards and requirements set forth in subsection 4.4.13(1)(1), above, the applicable performance standards for development exceeding twelve (12) units per acre within the West Atlantic Neighborhood or thirty (30) units per acre within the Central Core are as follows: [Amd. Ord. 19-06 4/4/06]; [Amd. Ord. 64- 04 11/16/04]; (Amd. Ord. 8-98 2/3/98] (a) The development offers variation in design to add interest to the elevations and relief from the building mass. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. [Amd. Ord. 21-04 5/4/04]; [Amd. Ord. 8-98 2/3/98] (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. [Amd. Ord. 21-04 5/4/04]; [Amd. Ord. 8-98 2/3/98] (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. [Amd. Ord. 8-98 2/3/98] (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. Examples of some features that could be incorporated to meet this standard are: freestanding light poles and exterior light fixtures that are decorative and consistent with the architectural treatment of the building(s); pedestrian amenities such as benches, shaded walkways, and decorative pavement treatment, that are similar in forms, colors, materials, or details as the architecture of the building(s); focal points such as public art, water feature/fountain, courtyard or public plazas designed to connect different uses along a continuous pedestrian walkway; or a combination of similar features that meet the intent of this standard. [Amd. Ord. 21-04 5/4/04]; [Amd. Ord. 8-98 2/3/98] 4.4 -78 SECTION 4.4.13 (I) (2) (e) (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas and/or amenities. [Amd. Ord. 8-98 2/3/98] (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). [Amd. Ord. 8-98 2/3/98] (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. [Amd. Ord. 8-98 2/3/98] (h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, N.E. 1st Street, or S.E. 1st Street contain nonresidential uses on the ground floor. At least seventy-five percent (75%) of the surface area of the front street wall(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. [Amd. Ord. 64-04 11/16/04]; [Amd. Ord. 21-04 5/4/04]; [Amd. Ord. 8-98 2/3/98] (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. If necessary to achieve this standard, the project may exceed the maximum setback area on the ground floor. [Amd. Ord. 21-04 5/4/04] (3) It is acknowledged that it may not be possible for projects which involve the modification of existing structures to comply with many of the above referenced standards. For those types of projects, the ultimate density should be based upon compliance with those standards which can be reasonably attained, as well as the project's ability to further the goal of revitalizing the central business district (i.e., adaptive reuse of older structures and the provision of housing in close proximity to employment opportunities and services). [Amd. Ord. 8-98 2/3/98] 4.4 - 79 Historic Preservation Board id AGENDA Et/ SIGN IN SHEET ❑ FORM 8B ❑ BOARD ORDER 27- VOTING SHEET ❑ MINUTES