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HPB-05-16-12 • 6(4 °A' AGENDA 0 44r OS?. HISTORIC PRESERVATION BOARD Meeting Date: May 16, 2012 Time: 6:00 P.M. Type of Meeting: Regular Meeting Location: City Commission Chambers The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service,program,or activity conducted by the City. Please contact Doug Smith at 243-7144 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. If a person decides to appeal any decision made by the Historic Preservation Board with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made. Such record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Two or more City Commissioners may be in attendance. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF AGENDA IV. MINUTES A. April 20, 2011 'L2 � B. May 18, 2011 C. June 1, 2011 y, d D. June 15, 2011 V. ACTION ITEMS A. Certificate of Appropriateness (2012-117) 112 NE 7th Street, Del-Ida Park Historic District Applicant/Property Owner: MJH Fern 76, LLC Authorized Agent: Randall Stofft Architects, Carlos Linares Consideration of a Certificate of Appropriateness for the construction of a single-family residence on a vacant property, and an associated waiver request. B. Certificate of Appropriateness, Variance Request(2012-118) 116 NE 7th Street, Del-Ida Park Historic District Applicant: Marc Julien Homes, LLC Property Owner: Gaetan F. Richard Authorized Agent: Randall Stofft Architects, Carlos Linares Consideration of a Certificate of Appropriateness for the construction of a single-family residence on a vacant property, Variance request to reduce the front setback from 30' to 19'6", and an associated waiver request. Historic Preservation Board Meeting Agenda: May 16, 2012 Page 2 of 2 C. Ordinance 01-12 Consideration of amendments to the Land Development Regulations (LDR) regarding the duties, powers, and responsibilities of the HPB; procedures for obtaining a variance from the HPB; provision of required HPB review for properties listed on the Local Register of Historic Places within applicable zoning district Sections; clarification of procedures for historic designation; clarification of development standards for properties listed on the Local Register of Historic Places; creation of "Local Register of Historic Places"; clarification of procedures for tax exemptions for historic properties; clarification of criteria for changes of historic designation and/or classification. A recommendation will be made to the Planning and Zoning Board. VI. REPORTS AND COMMENTS ❖ Public Comments ❖ Board Members ❖ Staff VII. ADJOURN A my E. 4lwa v erz Amy E. Alvarez Historic Preservation Planner Posted on: May 11, 2012 DELRAY BEACH F o a o All-America City I 0 1993 2001 SIGN IN SHEET 2 001 Regular Historic Preservation Board Meeting May 16, 2012 PRINT FULL NAME ADDRESS OR ITEM NO. ORGANIZATION „De off' -5,F;) 3 HISTORIC PRESERVATION BOARD May 16, 2012 MEETING COMMENCED: 6:05 P. M. MEETING ADJOURNED: 8:00 P. M. NAME ATTEND MINUTES V.A. V.B. V.C. 2011 112 NE 7th 116 NE 7TH ORD. 01-12 4/20 5/18 6/01 ! 6/15 COA WAIVER COA VAR. WAIVER 7 -0 7 - 0 7 - 0 7 - 0 7 - 0 7 - 0 5 - 0 7 - 0 5 - 0 7 - 0 VOTE TOM STANLEY P ANA M. APONTE P NO NO RONALD BRITO P NO NO SAMUEL SPEAR P 2ND 2ND 2ND ANNETTE SMITH P MM 2ND ANNIE A. ROOF P 2ND MM MM MM MM IRIS MCDONALD P 2ND MM CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ORDER In Re: 116 NE 7th Street, Del Ida Park Historic District Richard Gaetan, Property Owner Randall Stofft Architects, Carlos Linares, Authorized Agent ORDER Following consideration of all the evidence and testimony presented at the May 16, 2012 meeting before the Historic Preservation Board for the City of Delray Beach and 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. The Historic Preservation Board finds that there is ample and competent substantial evidence to support its findings that the application for Consideration of a Certificate of Appropriateness (2012-118) for the construction of a single-family residence, associated with the the designated property at 116 NE 7th Street pursuant to Land Development Regulations Section 2.4.6(H). The Historic Preservation Board finds that there is ample and competent substantial evidence to support its findings that the application for Consideration of Certificate of Appropriation (201 -118) application for as-built exterior alterations on the property referenced above is hereby granted denied by a vote of S - ,) . Pursuant to LDR Sections 2.4.7(E)(1) and 2.4.7(E)(3)(a), a decision of the Historic Preservation Board may be appealed to the City Commission so long as a letter of appeal is received by the City Clerk within ten(10) working days of the action being appealed. Based on the entire record before it, the Historic Preservation Board adopts this Order this 16th day of May 2012. 40011111 hair His • '• reservation Board copies to: Richard Gaetan, Property Owner Randall Stofft Architects, Carlos Linares 1 CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ORDER In Re: 112 NE 7th Street, Del Ida Park Historic District MJH Fern 76, LLC, Applicant/Property Owners Randall Stofft Architects, Carlos Linares,Authorized Agent ORDER Following consideration of all the evidence and testimony presented at the May 16, 2012 meeting before the Historic Preservation Board for the City of Delray Beach and 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. The Historic Preservation Board finds that there is ample and competent substantial evidence to support its findings that the application for Consideration of a Certificate of Appropriateness (2012-117) for the construction of a single-family residence, attached single car garage, and waiver request associated with the the designated property at 117 NE 7th Street pursuant to Land Development Regulations Section 2.4.6(H). The Historic Preservation Board finds that there is ample and competent substantial evidence to support its findings that the application for Consideration of Certificate of Appropriation (201 -117) application for as-built exterior alterations on the property referenced above is hereby granted denied by a vote of -O . Pursuant to LDR Sections 2.4.7(E)(1) and 2.4.7(E)(3)(a), a decision of the Historic Preservation Board may be appealed to the City Commission so long as a letter of appeal is received by the City Clerk within ten(10) working days of the action being appealed. Based on the entire record before it, the Historic Preservation Board this Order this 16th day of May 2012. Chair..._- • to i ee sr ei htion rd copies to: MJH Fern 76, LLC Randall Stofft Architects, Carlos Linares HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Property Owners: MJH Fern 76 LLC Authorized Agent: Randall Stofft Architects; Carlos Linares Project Location: 112 NE 7th Street, Del-Ida Historic District HPB Meeting Date: May 16, 2012 File:2012-117-COA • ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA) and waiver request associated with the construction of a two-story, single-family dwelling located at 112 NE 7th Street, Del-Ida Historic District, pursuant to LDR Section 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The subject property, which consists of Lot 1, North Del-Ida Estates, is located on the south side of NE 7th Street between North Swinton Avenue and NE 2"d Avenue, within the Del-Ida Park Historic District. The 9,829 square foot, vacant property is zoned R-1-AA (Single-Family Residential). The property previously contained a contributing one-story, single-family dwelling and detached, single-car garage. During its meeting of August 3, 2005, the Historic Preservation Board (HPB) reviewed and recommended approval for the demolition of the existing structures based on the fact that they appeared to have very little architectural or historical merit. The subject property was previously a part of six (6) non-conforming lots which have since been reconfigured and replatted into four (4) conforming lots. Dedication of additional right of way was not required for the adjacent right of way which measures fifty feet (50') in width. The Staff report for the replat, which was reviewed at the HPB meeting of June 15, 2005, stressed that the layout and design of the four (4) proposed single family homes `....will be required to meet strict historic preservation design guidelines to ensure compatibility with respect to design and massing in relation to the surrounding area.' In September 2005, the applicant submitted the first proposals for two of the four properties (Lots 1 and 2). The COA request to construct a tw story, single-family dwelling on the subject property (Lot 1) was revised several times due to concerns by both Staff and the Board primarily regarding the inappropriate scale and massing proposed at that time. The COA for Lot 1 was ultimately approved by the Board at its meeting of April 19, 2006. However, the approval was appealed by Staff and reviewed by the City Commission at its meeting of May 16, 2006. The appeal was supported by the City Commission, thereby resulting in a denial of the proposal; a new request was never submitted. The subject request is for the new construction of a two story, single family residence which consists of the following details: • Square Feet: 2,986 square feet (under air); 3,967 (total) o First Story: 1,732 (under air); 2,713 (total) • Non-Air Conditioned spaces: two-car garage (455), front porch (187), rear"lanai" (339) o Second Story: 1,255 (under air) 112 .7'h Street, Dei-lJ;1' :G;+2012 17 16.2012 Pdiq�2 of • Materials: o Exterior- First Floor: Smooth Stucco; Second Floor: Hardi Siding o Roof: Standing Seam Metal o Windows: Aluminum, Impact Resistant o Shutters: Aluminum or Wood • Colors: o Stucco Siding: "Gratifying Green" o Hardi Siding: "Dover White" o Roof: Silver Weathered o Windows, Doors, Fascia, Trim, Columns, Railings, Fence: "Extra White" o Shutters: Black The proposed windows consist of a 4/1 pattern accented either by louvered shutters or Bahama shutter. The front door, which contains no lights and is decorative with two panels, is flanked by a set of side lights. The two-car garage consists of two individual openings. A six foot high concrete block wall finished in smooth stucco is proposed around a portion of the perimeter of the property along the sides and rear, while a four foot high wood fence is proposed along a portion of the east property line. The proposed driveway measures 17' wide at its intersection with the sidewalk along NE 7th Street and is finished with pavers set in a herringbone pattern. The adjoining maneuvering area to the west and walkway to the east which leads to the main entry are also finished with the same pavers and pattern. The driveway, which leads to the two-car garage, contains a ten foot tall flat trellis supported by circular columns. The trellis is parallel to the garage and is aligned with the front wall plane of the structure. A swimming pool is included in the rear yard (10' from rear property line) which is surrounded by a patio finished with pavers on two sides. Landscaping improvements are located around the other two sides of the pool and throughout the entire property. The landscaping consists of a variety of trees (Coconut Palm, Live Oak, Montgomery Palm), large shrubs and accents, as well as additional smaller shrubs and groundcovers. It should be noted that in 2011, the City was selected for a Transportation Enhancement Project grant from Florida Department of Transportation to fund a beautification project along NE 2nd Avenue between NE 4th Street and George Bush Boulevard. The project, boundaries of which are limited to the Del-Ida Park Historic District, will provide decorative sidewalks and crosswalks, decorative street lighting for pedestrians, landscaping improvements, and a bicycle lane. The project is anticipated to begin in February 2013 with project planning and an anticipated completion date of August 2016. City Staff will notify and meet with the neighborhood when the project planning phase begins as it has not yet been determined how these improvements will be maintained (i.e. the adoption of a Neighborhood Improvement District, or by other means). The COA for the new construction of a single-family residence and associated appurtenances and improvements is now before the Board for consideration. ..,,., ANALYSIS OF PROPOSAL Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. 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 112 NE 7th St ee:, Del-Id?Park:COA 2012-117 PI rJe tic May 16,2012 Pace:3 of 7 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. Zoning and Use Review Pursuant to LDR Section 4.3.4(K), Development Standards, properties located within the R-1-AA zoning district shall be developed according to the requirements noted in the chart below. As illustrated, the proposal is in compliance with the applicable requirements. Requirement Proposed j Lot Coverage (Maximum) N/A 28.5% Setbacks: Front (North) 30' 30'1'h"—48'6" Side Interior (East) j 10' 11'61/2" Side Interior (West) 10' 10'2" Rear (South) 10' 28' Height (Maximum: Mean) 35' 1 26'4" STAFF COMMENT: As illustrated above, the proposed single-family residence meets the Development Standard requirements. Therefore, positive findings can be made with respect to the subject LDR requirement. Historic Preservation Districts and Sites Pursuant to 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. 4.5.1(E)(2)(b)(2-3), Major and Minor Development: The subject application is considered "Major Development", as it is "the construction, reconstruction, or alteration of twenty-five percent (25%) of the existing floor area of the building," and "the alteration of any part of the front fagade of an existing contributing residential structure." STAFF COMMENT: The proposed new construction classifies the subject request as "Major Development" and is reviewed as such throughout the report. 4.5.1(E)(3)(a)1.c., Buildings, Structures, Appurtenances and Parking; Fences and Walls: Fences and walls over four feet(4) shall not be allowed in front or side street setbacks. STAFF COMMENT: The proposed walls measure four feet and six feet in height, neither of which are within the front setback area. The six foot wall runs a portion of the east (side) property line and continues to the south (rear), which providing a complete barrier around the proposed swimming pool. A four foot high aluminum fence and gate connect the garage and residence. The fence types and heights are in compliance with the subject Section and, therefore, positive findings can be made. 4.5.1(E)(3)(b)1., Buildings, Structures, Appurtenances and Parking; Parking: Where feasible, alternative methods of meeting minimum parking standards shall be explored to avoid excessive use of historic properties and/or properties located in historic districts for parking. At a minimum, the following options shall be considered: a. Locate parking adjacent to the building or in the rear. 112 NE 7th Street, Del".da Park:COP.2012-117 > PB Meetirn:; fay 16,2012 Page of 7 b. Screen parking that can be viewed from the public right-of-way with fencing, landscaping, or a combination of the two pursuant to Section 4.6.5. d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically e. Use appropriate materials for driveways, such as concrete poured in ribbons. f. Avoid wide driveways and circular drives. STAFF COMMENT: The proposal includes a two car garage setback approximately 48'6" from the front property line, and 15' from the main wall plane of the structure. Therefore, the parking provided is adjacent to the building, even when not utilizing the garage. Therefore, positive findings can be made. 4.5.1(E)(8) Visual Compatibility Standards. New construction within a designated historic district or on an individually designated property 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 Section. Visual compatibility for major development shall be determined by utilizing criteria below: The following criteria apply: (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility shall also be determined through application of the Building Height Plane (BHP). (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. (f) Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. (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. 112 NE 7th Street.Del ee?ark; OOP,.2012-117 sleet ' irdo 16,2012 Page 5 of 7 (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. (j) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. Lots 65' or less in width are exempt from the additional setback requirements along the front facade, and the proposed addition does not exceed 50% of the lot depth and therefore, the additional 5'setback along the side elevation is not required. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. (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. STAFF COMMENT/ANALYSIS: Overall, the proposal meets the aforenoted Visual Compatibility Standards with the inclusion of one and two story elements, an open porch on the front elevation, and the additional setback provided for the two-car garage. Further, the one-story element (garage) on the north/west elevations should mitigate any impact on the existing historic property to the west which contains a one-story single- family residence. In consideration of the scale and massing, it is important to note that the second story is smaller in size, a majority of which is significantly set back from the front property line. However, both the primary and secondary two-story elements encroach into the required upper story setback area referred to the BHP (Building Height Plane) rule as the design intends to take advantage of a "Visual Compatibility Incentive" which is further reviewed and analyzed below. The exterior finish of the residence is a combination of stucco and hardiplank siding. It is preferred that one type of exterior finish be selected as the proposed combination is the most common finish for current proposals, thereby resulting in a lack of differentiation within new construction designs. While differing materials occurred in historic construction patterns, the differentiation most commonly came when a second story was added to an existing one-story structure, as opposed at the onset of construction. The overall design is simple while maintaining vernacular architectural details appropriate for the Del-Ida Park Historic District. As previously indicated, the proposal meets the intent of the review criteria above as an appropriately proposed new development has been designed. Based on the above, positive findings can be made with respect to the subject Sections indicated above. Pursuant to LDR Section 4.5.1(E)(9)(b), Visual Compatibility Incentives: Front Elevations: In order to provide design flexibility for residential structures, that otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1(E)(8), incentives for development shall include that up to twenty five percent (25%) of the front elevation(s) can extend above the Building Height Plane (BHP) to a maximum height of thirty five feet (35), provided twenty five percent (25%) or more of the front elevation(s) remains one (1) story as defined by LDR Section 4.5.1 (E)(8)(a)(2). The total width of extension shall not exceed eighteen feet (18) along the front elevation(s). See illustration below. 112 NE 7th Street,Del-!du Park: COA 2012-1'i7 HPB Meeting May 16.2012 Page of 7 -35 MAX 8'�" la - • ASS I I p y l i 2 rJp I SIDE VIEW )s'MAD- O•ALLOWED AUOvE 6HD, 4,2: NOT IO EXCEED T5'MAX ' Ll•MU.T 6F D'IOER oHH .i ,:. M J-1 A5tiLApE1510q MOHE OF FPDI:T M1• F4U6T HEMAIH 1 ,TLH. I FRONT VIEW STAFF COMMENT: The proposal has utilized the subject "incentive" as indicated on the front (north) elevation. The primary two-story element measures 17'6" in width and encroaches into the BHP, as permitted and illustrated above. However, the secondary two-story element, which is setback an additional 4'6", also encroaches into the BHP, thereby extending the width of encroachment to 24'6". A waiver to provide relief for this requirement has been requested and is analyzed below. LANDSCAPE REVIEW The submitted landscape plan has been reviewed by the City's Senior Landscape Planner for compliance with the LDR requirements of landscaping for single-family development. The proposal is deemed to be compliant. However, the quantity count for the Coconut Palms is inconsistent with the Plant List and the Plan; this needs to be corrected Overall, the proposal will incorporate tropical canopy trees and native understory plantings that will add color and zest to the site. The proposed new construction will be significantly enhanced by the proposed landscaping, as will the historic streetscape. WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. STAFF COMMENT: The subject waiver request to LDR Section 4.5.1(E)(9)(b), Visual Compatibility Incentives: Front Elevations is to provide relief to the limitation of an 18' second-story to encroach into the BHP. The proposed width if 24'6". The primary two-story element meets the requirement as it measures 17'6" wide. The additional area which encroaches measures 7'6" wide and is setback an additional 4'6". The one-story open-air porch is located below and forward of this secondary two-story element. In consideration of the waiver criteria above, the request may be supported in that the neighboring area will not be adversely affected due to the additional setback of the portion exceeding the 18' width requirement and the same waiver would be granted under similar circumstances on other property for another applicant or owner proposing a similar front setback, building size, lot coverage and other elements which contribute to a compatible scale and massing. Based on the above, positive findings can be made. 112 NE 7th Street,Del-ida Park,COA 2012-117 HPB Meeting May 16,2012 Page 7 of 7 ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Certificate of Appropriateness (2012-117) for 112 NE 7th Street, Del-Ida Park Historic District, based on positive findings with respect to the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation subject to conditions. C. Deny the Certificate of Appropriateness (2012-117) for 112 NE 7th Street, Del-Ida Park Historic District, based upon a failure to make positive findings with respect to 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. See above.) RECOMMENDATION Move approval of the Certificate of Appropriateness (2012-117) for 112 NE 7th Street, Del-Ida Park Historic District, based on positive findings with respect to 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 eitherr siding be used throughout the structure; __1� i:�� 2. That all materials are indicated on at least one elevation; ) 3. That all hardscape materials be indicated on the site and landscape plans; and, 4. That the correct quantity of Coconut Palms be indicated on the Landscape Plan. Waiver: LDR Section 4.5.1(E)(9)(b), Visual Compatibility Incentives: Front Elevations Recommend approval to the City Commission to increase the second story encroachment into the Building Height Plane to 24'6", whereas a maximum of 18' is permitted, based on positive findings with respect to Section 2.4.7(6)(5). %72 Report Prepared by:Amy E. Alvarez, Historic Preservation Planner 11t Attachments: Waiver Justification Statement Site Plan, Floor Plans, Elevations, Landscape Plans 11'\ /4 DELRAY BEACH NAPLES CARIBBEAN �1 RANDALL STOFFT (Illll�I�I I ARCHITECTS distinclivn iw:pirational,rchilvclurc Wednesday,May 09,2012 To: City of Delray Beach Historic District review -- Waiver Request ;s = 1 . Re: North Del Ida Estates-Lot 1 Delray Beach,FL -- — -- To whom it may concern; The purpose of this letter is to request a waiver to allow a partial section of the second floor to go over the height limitation set by the Historic Park Guidelines. Per Delray Beach Historic Guideline section 4.5.1(E)(9), 18'maximum width of the front façade may extend above the Building Height Plane. We are requesting relief of a partial second floor section,which is setback 38'-6"from the front property line to extend beyond the Building height plane.The Architecture accomplishes the proper relief of the façade by stepping back sections of the first and second floor spaces. Sincer R dall Press RES.Lattouf Korban 42 N.SWINTON AVE,SUITE 1 DELRAY BEACH,FLORIDA 33444 561-243-0799-PHONE 561-243-0299-FAX \V\\t.STOFFT.COrI AA0003 379 „--.------ 7:Ar---f7,1.4-•”'7-_,*--'7,:"1:= 4 -,_-_-,-..„-z.r-_,--..57-5,1 '1"-;--,._.,-.4:-;-77L,,..---;•:,)•---: v .,_pz,,,i,:-c-i---,-Eir.,_,, --:-.:*,--f.,:i-&.-,._,.---,.. ---10,2„-_„ . • ,,Itt— , .7---4,=--win,-,,c--.'/-.7.-'4---7....kf;-:.% ' -----;-..%--7,-%-kw:_lf-x7.---k. 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M1I•1S],- ii ii•S�13111 0E.01p /24 l roUl nun.of bees�..�.'•�,...... g -old n► I,v i�:i,a�'"v55\�t�I� NOTES - ..�.",.m M e r Lill Ili Trial]@! �I f; bod Ma be.°..ea:...•�-p.v•m...c..u....�p.,y re r—n- CV a°;v�` • _•, racy ro. a,......a.p.•,r.......,...,... plan °> o o__ 't"✓iEi�ii`.°......✓�iia .i •411 r °., p..,a,..a.Ma�.,...p ... b'o�'o'b oo•"�06-'� oo ro o, ct C/D w • o J � A.ro..... IF-4'np NAND. I.frirlIrgtr , r.l.r qI3 00 04/06/12 I:"raf.M A la.=4 r. p t,"�•„ .. AS WWI era .�� .,a,..wftli Wall Landscape Plan ...,. . 4, ;6`, s r. rv. n..a . .ar.e .,ro :�."° ...,x.. ,i@VR.w,:,. -Or NM.Ma blab/MN. .51/15 NU re,1 PLANT..eiAK>xs Milk, ,az new..r e,AKpn PrIAI.en41 nee, MAN.n MAIL.oKa.roco rKy PLANT.MAIL.carte ..666 LP 1 scale:I"=101-0" Michael J.Phillips Landscape Architecture XPBmsdor S.M SebEien,F13295B OM)E66.5918 3,1114M1211211 3A.c m lun tCw.n.ti d 3 In 1 ' —jJj) ' _, Ajl____H ..2._1_1 1_1 ir---- j.j_. ., _4_.. ,.,..:Thp ii PI 11111 ■■■■ ��MI Live Oak — : . III ---- ° '. -! -�- Live Oak ?--I 0 , \n OW,P . 170:44....ifj,„,„, 1 1-1-1 . ''' 7-j . 9- 6 t.=......r..."7"..W.-_,--1 . 1] - .' Ma.':41;7.2...:v4.: A/fir"',4,111 `Ise - ir o f24IN I MN!!iIjJ1"Ii ■1Illllin 11111I , 41IIII II)�li[ 1,1 II Ir, • i ui�U1�.nt�rTM,...,:.m I1 m III li 1 I I� I I IIIIII! .� 'Q�� Montgomery Palms W zco lth Street Elevation =.-'.f4 ,_ Q 04/06/12 Elevations LP-2 scale:1/4"=1'-0" 1 12- lJ 6 7 ' CE • VISUAL COMPATIBILITY STANDARDS I. Visual Compatibility Standards. New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property 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 Section with regard to height, width, mass, scale, façade, openings, rhythm, material, color, texture, roof shape, direction, lot coverage, and square footage, and other criteria set forth elsewhere in Section 4.5.1. 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) below. Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site. 0A. Height: The height of proposed buildings or modifications shall he visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with respect to the height of residential structures, as defined by 4.5.l(E)(2)(a), shall also be determined through application of the following: ` 1. Building Height Plane (BHP): The building height plane technique sets back the overall height of a building from the front property line. gThe building height plane line is extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established at a two to one (2:1)ratio. See illustration below. -1 — � ti l T C".p v nl • t, SE i --rL : —/ 1 I /----:iE G / .-____.__-..:::'- ___. _--_---.-_._._._ _/ BUILDING HEIGI-T PLANE AT 21 RATIO 1 b. A structul`e relocated to a historic district or to an individually designated historic sit hall be exempt from this requirement. Q) First Floor Maximum Height: a. Single-story or first floor limits shall be established by: i. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet(14'). ii. Mean Roof Height shall not exceed eighteen feet(18')j iii. Any portion exceeding the dimensions described in i. and ii above shall be considered multi-story structures. iv. See illustration below: 12 ROOF PITCH MAY VARY y ,i' - MEAN ROOF HT. x I f TOP OF BEAM Q a 7 t \ F.F.E. v. Sections i. and ii., above may be waived by the Historic Preservation Board when appropriate, based on the architectural style of the building. Upper Story Height: (-3) YES NO Ca) Heightfrom finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet(12'). i Are the requirements for height met? 2 YES NO D Front Facade Proportion: The front façade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. Are the requirements for front facade proportion met? CO Proportion of Openings (Windows and Doors): .// The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. Are the requirements for proportion of openings (windows and doors) proportion met?Cl33 Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. Are the requirements for rhythm of solids to voids met? (El Rhythm of Buildings on Streets: The relationship J of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. Are the requirements for rhythm of buildings on streets met? 3 0F. YES NO Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. Are the requirements for rhythm of entrance and/or porch projections met?0G. 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. Are the requirements for relationship of materials, texture, and color met?H. Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. Are the requirements of roof shapes met? I. Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. Are the requirements of walls of continuity met? 4 Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development1To determine whether the scale of a building is appropriate, the following shall apply for major development only: 1. For buildings wider than sixty percent (60%) of the lot width, a portion of the front façade must be setback a minimum of seven (7) additional feet from the front setback line: a. Lots sixty-five (65) feet or less in width are exempt from this requirement. b. To calculate how much of the building width must comply with this provision, multiply the lot width by 40% and subtract the required minimum side setbacks (example: 100' lot width x 40% = 40' - 15' side yard setbacks=25'). c. Any part or parts of the front façade may be used to meet this requirement. d. See illustration below: 75 LOT 75 LOT • 7 5 7.5' 7.5 7.55 60'BUILDING 60'BUILDING II 45 .1 15. J� _ 22.5 15' 22.5 5 e. If the entire building is set back an additional seven (7) feet, no offset is required. 0? For buildings deeper than fifty percent (50%) �'/ of the lot depth, a portion of each side facade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line: a. To calculate how much of the building depth must comply with this provision, multiply the lot depth by fifty percent (50%) and subtract the required minimum front and rear setbacks (example: 120' lot depth x 50%=60' - 25' front yard setback - 10' rear setback=25'). b. Any part or parts of the side façades may be used to meet this requirement. c. See illustration below: r 75'LOT b 75'LOT r I b [ i ip w N To 8 $ 8 r 1 14: 7SS_ 50' 5'7S N d. If the entire building is set back an additional five (5) feet from the side, no offsets are required on that side. 6 YES NO 3. Porches may be placed in the offset portion of the front or side façades, provided they are completely open except for supporting columns and/or railings. [ Are the requirements for the scale of a building met?0K/ Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. Is the directional expression requirement for the / front elevation met?D`L. Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. Is the requirement for the architectural style met? M. Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts. 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. Is this requirement met? 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. Is this requirement met? 7 YES NO 3. Characteristic features of the original building shall not be destroyed or obscured. Is this requirement met? 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. Is this requirement met? 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. Is this requirement met? 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building. Is this requirement met? 8 I ( Z -" Sf, WAIVERS Pursuant to LDR Section 2.4.7(B)(5), in order to grant a waiver, the approving body must make findings on the following: ��1 ,1 J YES NO 1. Does the waiver affect the neighboring area? 2. Does the wavier significantly diminish the provision of public facilities? 3. Does the waiver create an unsafe situation? not 4. Does the wgv(er result in the gr of a special privilege in that the same waiver would' be granted under similar circumstances on other property for another applicant or owner? HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT MEETING OF: May 16, 2012 ITEM: Consideration of Ordinance 01-12 and recommendation to the Planning and Zoning Board for a City-initiated amendment to the Land Development Regulations (LDR) regarding the duties, powers, and responsibilities of the Historic Preservation Board (HPB); procedures for obtaining a variance from the HPB; provision of required HPB review for properties listed on the Local Register of Historic Places within applicable zoning district Sections; clarification of procedures for historic designation; clarification of development standards for properties listed on the Local Register of Historic Places; creation of "Local Register of Historic Places"; clarification of procedures for tax exemptions for historic properties; clarification of criteria for changes of historic designation and/or classification. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the Planning Board on Ordinance 01- 12 for a City-initiated amendment to the Land Development Regulations (LDR) pertaining to HPB matters regarding Board responsibilities and clarification of review criteria. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ ORDINANCE DESCRIPTION - T-he-primarrinlerit-of the L13R-Ar n end met its coltained within Ordirrance-01=f-2 is to-provide-clarification and reorganization of existing language in the LDRs. The affected sections include: • Section 2.2.6, Historic Preservation Board: Clarification and/or reorganization of existing language. • Section 2.4.7(A), Variances: Clarification of procedures for HPB review of variances and provision of criteria utilized by the HPB. Criteria presently located within Section 4.5.1. • Article 4.4, Base Zoning District: Provision of language within each applicable zoning district stating that properties listed on the Local Register of Historic Places are also subject to Section 4.5.1. • Section 4.5.1(C)-(H), Historic Preservation Sites and Districts: Clarification and/or reorganization of existing language pertaining to historic designation procedures, development standards for historic properties, relocation of historic structures, and the Visual Compatibility Standards applied to proposed development. • Section 4.5.1(1), Historic Preservation Board to Act on Applications Other than Certificates of Appropriateness: Repeal of this Section with language appropriately relocated to Section 2.4.6(D). • Section 4.5.1(J), Historic Preservation Board to act on Variance Requests: Repeal of this Section with language appropriately relocated to Section 2.4.7(A). • Sections 4.5.1(K)-(L), Designation of Historic Sites, Designation of Historic Districts: Repeal of these Sections and,creation of Section 4.5.1(1), Local Register of Historic Places which combines all properties historically designated either as a district or individually and listed in order of designation. Ordinance 01-12; HPB AmencirnF.nts HPB Meeting May 16, 2012; Pale 2 of 2 • Section 4.5.1(M), Tax Exemption for Historic Properties: Repeal of this Section and creation of Section 4.5.1(J) through revision and clarification of existing language. • Section 4.5.1(N)-(0), Criteria for Change of Historic Designation and/or Clarification, Procedures for Change of Historic Designation and/or Clarification: Repeal of these Sections and creation of Section 4.5.1(K)-(L) through revision and clarification of existing language. All existing language has been provided in the attached Ordinance. Removed language has been struck through, and new language has been underlined. However, those Sections which have been repealed in their entirety are attached to this Report for reference [Sections 4.5.1(I) — (0)]. REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): 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. The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable criteria was noted: Future Land Use Element Objective A-4: The redevelopment of land and buildings shall provide for the presentation of historic resources. The objective shall be met through continued adherence to the City's Historic Presentation Ordinance and, where applicable, to architectural design guidelines through the following policies: 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 relating to historic sites and districts and the "Delray Beach Design Guidelines". The proposed amendments are consistent with the above Objective and Policy in that the existing language in the LDRs was previously found to be consistent. In addition, the provision of additional clarifying language within the individual zoning district regulations which specifies that any development on properties listed on the Local Register of Historic Places requires review by Section 4.5.1. provides further consistency with the above Objective and Policy. Therefore, a positive finding can be made that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. ASSESSMENT AND CONCLUSION The purpose of this City-initiated LDR text amendment is to provide clarification and bring consistency within the Land Development Regulations with respect to the HPB and those regulations applicable to historic districts and properties. Therefore, positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOMMENDED ACTION 1))\�� Move a recommendation of approval to the Planning and Zoning Board for Ordinance 01-12, a City- initiated �\` amendment to the Land Development Regulations, 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 the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: Ordinance 01-12 SECTION 4.5.1 (I) (I) Historic Preservation Board to Act on Applications Other than Certificates of Appropriateness: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all development applications for properties located within a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places, subject to processing under Sections 2.4.5(F),(G),(H), and (I) which otherwise would be acted upon by the Site Plan Review and Appearance Board or the Planning and Zoning Board. [Amd. Ord. 30-08 09/16/08] (J) Historic Preservation Board to Act on Variance Requests: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board may be guided by the following as an alternative to the criteria normally used by the Board of Adjustments. [Amd. Ord. 12-93 2/9/93] (1) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a h.stoTicziistrict-nor listed-o-n-the-to-ca1 R-egtste-r di-Historic-Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. (d) The variance requested is the minimum necessary to preserve the historic character of a historic site or of a historic district. [Amd. Ord. 12-93 2/9/93] (2) Or, as an alternative to subsection (J)(1), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) The variance would not significantly diminish the historic character of the Historic District or Site. 4.5 - 20 SECTION 4.5.1 (J) (2) (c) (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. [Amd. Ord. 12-93 2/9/93] (3) The Board shall otherwise follow all procedures and impose conditions as required of the Board of Adjustment when acting on a variance. Any appeal from the approval or denial of a variance by the Historic Preservation Board shall be directly to the City Commission. [Amd. Ord. 28-08 8/5/08]; [Amd. Ord. 12-93 2/9/93] (K) Designation of Historic Sites: The following Historic Sites are hereby affirmed or established: (1) THE SCOTT HOUSE, 19 Andrews Avenue, located on the North 50 feet of the West 110 feet of the South 100 feet, less the West 10 feet of the Beach Lot 15, Subdivision of the Fractional East Half of Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 17-90, May 22, 1990). (2) FONTAINE FOX HOUSE, 610 N. Ocean Boulevard, located on Lot 2 of Ocean Apple Estates, and whose historically designated boundary consists of Lots 1 and 2, Ocean Apple Estates, and a portion of Ocean Apple Estates, Plat II described as the South 50 feet of Lots 1 and 2, and Lot 3. (Original Designation by Ordinance 70-89, October 24, 1989; Amended by Ordinance 43-11, December 6, 2011). (3) SITE OF SCHOOL NO. 4 DELRAY COLORED, located on Block 28, Lot 2, N.W. 5th Avenue. (Original designation by Ordinance 16-89) (4) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W. 4th Avenue, located on Lot 7, Block 28, Delray Beach. (Original designation by Ordinance 17-89) (5) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W. 5th Avenue, located on Lot 5, Block 27, Delray Beach (Original designation by Ordinance 18-89) (6) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE 275, 85 N.W. 5th Avenue, located on Lot 1, Block 28, Delray Beach (Originally designation by Ordinance 19-89) (7) ST. MATTHEW EPISCOPAL CHURCH, 404 S.W. 3rd Street, located on Lot 1, Block 32, Delray Beach (Original designation by Ordinance 20-89) 4.5 - 21 SECTION 4.5.1 (K) (8) (8) THE KOCH HOUSE, 777 North Ocean Boulevard. Palm Beach Shore Acres, Lot 21, Block D, Delray Beach, Palm Beach County [Amd. Ord. 29-94 6/7/94 (9) SUNDY FEED STORE, located on the South 85 feet of the North 153 feet of Lot 1, Block 84, Delray Beach, Palm Beach County. (10) HISTORIC DEPOT SQUARE, located on a parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach (Original designation by Ordinance 119-88) (11) THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX, located on the South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of Lot 21 and Lots 22, 23, 24 and 25, Inclusive, Block 108. And Lots 5, 6 and 7, Less 5 foot Road R/W, Block 108, Town of Delray, with the designation pertaining to the buildings only and not the grounds. [Amd. Ord. 22-91 3/26/91] (12) MILTON-MYERS POST NO. 65, THE AMERICAN LEGION OF THE UNITED STATES, 263 N.E. 5th Avenue, located on Lots 5, 14 and 15, Block 106, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. [Amd. Ord. 68-94 10/18/94]. (13) SOLOMON D. SPADY HOUSE, 170 N.W. 5th Avenue, located on Lots 5, 6 and the north 26.25 feet of Lot 7, Block 19, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. [Amd. Ord. 8-95 2/7/95] (14) THE SUSAN WILLIAMS HOUSE, located at 154 N.W. 5th Avenue, Delray Beach, Florida; more particularly described as follows: south 12 feet of Lot 7 and Lot 8, Melvin S. Burd Subdivision, as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida (154 N.W. 5th Avenue). [Amd. Ord. 29-02 7/16/02]; [Amd. Ord. 9-95 2/7/95] (15) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lots 12, 13, and 14, Block 117, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. [Amd. Ord. 26-95 6/6/95] (16) THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. [Amd. Ord. 27-95 6/6/95] (17) THE HISTORIC BUNGALOW, 24 North Swinton Avenue, located south 50 feet of Lot 11, Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. [Amd. Ord. 28-95 6/6/95] 4.5 - 22 SECTION 4.5.1 (K) (18) (18) THE SANDOWAY HOUSE, 142 South Ocean Boulevard. Beach Lots Delray, the South 73 feet of the North 100 feet of Lot 24, less the West 355 feet, as recorded in Plat Book 1, Page 25, of the Public Records of Palm Beach County, Florida. [Amd. Ord. 57-96 12/3/96] (19) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, located on a portion of the Trinity Evangelical Lutheran Church property at 400 North Swinton Avenue, Delray Beach, Florida; more particularly described as the East 1/2 of Lot 12, Section 8-46-43, Delray Beach, Palm Beach County, Florida. The chapel is the only building in the church complex receiving an historic designation. The church complex is located at the northwest corner of Lake Ida Road and Swinton Avenue. [Amd. Ord. 26- 97 7/1/97] (20) THE TURNER HOUSE, located at 145 N.E. 6th Avenue, Delray Beach, Florida; more particularly described as the South 27.6 feet of Lot 5, less the West 5 feet SR R/W, Lots 6 & 7, less the West 5 feet SR R/W, of Block 115, as recorded in Plat Book 1 at Page 3 of the Public Records of Palm Beach County, Florida. [Amd. Ord. 46-97 11/18/97 (21) THE PRICE HOUSE, located at 1109 Sea Spray Avenue, Delray Beach, Florida; more particularly described as Lot 11, Sea Spray Estates, as recorded in Plat Book 21 at Page 15 of the Public Records of Palm Beach County, Florida. [Amd. Ord. 12-98 3/3/98] (22) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH, located at 36 Bronson Street, Delray Beach, Florida; more particularly described as Lots 16, 17, 18 and 19, Block 3, Ocean Park Subdivision, as recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach County, Florida. [Amd. Ord. 46-99 11/16/99] (23) THE ATLANTIC AVENUE BRIDGE (State Structure #930864), located at East Atlantic Avenue and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. [Amd. Ord. 18-00 8/15/00] (24) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the N.E. 8t" Street Bridge, (State Structure #930026), located at George Bush Boulevard and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. [Amd. Ord. 19-00 8/15/00] (25) THE WATER HOUSE, located at 916 and 918 Northeast 5t" Street, Delray Beach, Florida; more particularly described as the West 84.82 feet of Lot 37, Las Palmas, Delray Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10 at Page 68. [Amd. Ord. 15-01 2/20/01] 4.5 - 23 SECTION 4.5.1 (K) (26) (26) THE O'NEAL HOUSE, located at 910 N.E. 2nd Avenue, Delray Beach, Florida, more particularly described as follows: Lots 1, 2, 3, 28 and 29, Block 10, Dell Park, Delray Beach, Palm Beach County, Florida, according to the Plat thereof, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County, Florida. [Amd. Ord. 27-02 7/16/02] (27) THE AMELUNG HOUSE, located at 102 NE 12th Street, Delray Beach, Florida, more particularly described as follows: Lot 9, Block 6, Dell Park, according to the Plat recorded in Plat Book 8, Page 56, recorded in the Public Records of Palm Beach County, Florida; said land situate, lying and being in Palm Beach County, Florida. [Amd. Ord. 25-03 8/19/03] (28) THE DEWITT ESTATE, located at 1110 North Swinton Avenue, Delray Beach, Florida, more particularly described as the East 365.69 feet of Lot 8 (less the West 40.00 feet of the South 20.00 feet of said East 365.69 feet of Lot 8) Subdivision of South half of East half of Lot 8, Section 8, Township 46 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County, Florida. [Amd. Ord. 71-04 1/4/05] (29) THE HARTMAN HOUSE, located at 302 N.E. 7th Avenue, Delray Beach, Florida, more particularly described as follows: Lots 13 and 14, Block 113, Highland Park according to the map or plat thereof as recorded in Plat Book 2, Page 79, of the Public Records of Palm Beach County, Florida. [Amd. Ord. 26-05 5/3/05] (30) THE SEWELL C. BIGGS HOUSE, located at 212 Seabreeze Avenue, Delray Beach, Florida, more particularly described as follows: Lot 21 and the West 35 feet-of Lot-2-2, Delray--Beach-Esplanade, according to-the-plat-thereof;as-recorded-in Plat Book 18, Page 39, Public Records of Palm Beach County, Florida. [Amd. Ord. 50- 05 7/19/05] 4.5 - 24 SECTION 4.5.1 (L) (L) Designation of Historic Districts: The following Historic Districts are hereby affirmed or established: (1) NASSAU STREET which consists of Lots 2-19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; Lots 1-12 of Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County, Florida; and Block E,_Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book 21, page 95 of Palm Beach County, Florida. (Original designation by Ordinance 97-87 adopted on January 12, 1988) [Amd. Ord. 38-07 2/5/08] (2) MARINA which consists of Lots 1 to 11, inclusive, Lots 22 to 66, inclusive and Lots 83 to 93, inclusive, Palm Square, an unrecorded Plat located in Block 125 and Block 133 of the Town of Linton n/k/a Delray Beach (according to the plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida); Together with Lots A, D, E and F, Riker Square, according to the Plat thereof, recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach County, Florida; Together with all of Anchorage Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 3060, Page 369, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots B and C, Riker Square, according to the Plat thereof, recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach County, Florida; Together with Lot 1 and Lots 5 to 12, inclusive, Resubdivision of Block 118, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with all of Sloan Hammock Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 9271, Page 258, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots 2, 3 and 4, Resubdivision of Block 118, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 7, inclusive and Lots 13 to 24, inclusive, Resubdivision of Block 126, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 11, Page 4 of the Public Records of Palm Beach County, Florida; Together with the South 50 feet of the North 176 feet of the West 165 feet of Block 126, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 8, inclusive, and Tracts A and B, Marine Bay, according to the Plat thereof, recorded in Plat Book 89, Page 162 of the Public Records of Palm Beach County, Florida; Together with all of Block 134 lying West of Intracoastal Waterway, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with Lots 13 to 24, inclusive (less South 15 feet SE 3rd Street and North 15 feet SE 2nd Street R/WS, Gracey-Byrd Subdivision, according to the Plat thereof, as recorded in Plat Book 10, Page 52 of the Public Records of Palm Beach County, Florida; Together with Lots A to E, inclusive, The Moorings, according to the Plat thereof, as recorded in Plat Book 20, Page 27 of the Public Records of Palm Beach County, Florida; Together with the North 1/2 of the South 1/2 of Block 127 (less the North 64 feet thereof, & the West 20 feet SE 7th Avenue R/W), Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of 4.5 - 25 SECTION 4.5.1 (L) (2) the Public Records of Palm Beach County, Florida; together with Lots 1 and 2, Stone Hedge, according to the Plat thereof, as recorded in Plat Book 58, Page 176 of the Public Records of Palm Beach County, Florida; Together with Lots 23 and 24, and the East 8 feet of abandoned alley lying west of and adjacent thereto, Block 120, Blank- Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 3, inclusive, and the North 20 feet of Lot 4, Block 128, Blank-Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 156-88 adopted on December 20, 1988) [Amd. Ord. 10-09 3/17/09]; [Amd. Ord. 38-07 2/5/08] (3) DEL-IDA PARK which consists of Blocks 1 through 13, inclusive, along with Tracts A, B, and C DEL-IDA PARK, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 9 at Page 62 (Original designation by Ordinance 9-88 adopted on March 22, 1988) (4) OLD SCHOOL SQUARE which consists of the south one-half of Block 57 and Blocks 58-62, Blocks 65-70, the west half of Blocks 74 and 75, and Lots 1-6 of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records. (Original designation by Ordinance 1-88 adopted on February 9, 1988). (5) WEST SETTLERS is bounded on the north by Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street and the east- west-altey-of Block 36.The southern boundary is--N:W-.-1st-Street between1 W. 3rd Avenue and the alley in Block 43; the east-west alley in Block 36 and Block 28 and the south property line of Lot 13, Block 20. The western boundary is the north-south alley and the eastern one-half (1/2) of the block south of the alley of Block 19; the north- south alley in the north half of Block 20. [Amd. Ord. 38-07 2/5/08]; [Amd. Ord. 6-97 2/18/97] 4.5 - 26 SECTION 4.5.1 (M) (M) Tax Exemption for Historic Properties: [Amd. Ord. 50-96 11/19/96] (1) The City Commission hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic properties designated in Section 4.5.1(K) & L, as amended. Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on 100% of the increase in assessed value resulting from any renovation, restoration or rehabilitation of the qualifying property made on or after the effective date of this ordinance. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (2) The above exemption does not apply to: [Amd. Ord. 50-96 11/19/96] (a) Taxes levied for payment of bonds; [Amd. Ord. 50-96 11/19/96] (b) Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article 7 of the Florida Constitution; or [Amd. Ord. 50-96 11/19/96] (c) Personal property. [Amd. Ord. 50-96 11/19/96] (3) Duration of Tax Exemption: [Amd. Ord. 50-96 11/19/96] (a) The exemption period shall be for ten (10) years, beginning January 1st following the year in which final approval is given by the City Commission and the Palm Beach County Property Appraiser has been instructed to provide such exemption. However, the City Commission shalt—have—thc d iscretion—to—set a—lesser—term--[Amd:Ord-1-0-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (b) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to grant such exemption or change in ownership of the property. To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was granted. [Amd. Ord. 50-96 11/19/96] (4) Effective Date of Exemption: The effective date of the tax exemption shall be January 1 of the year following the year in which a historic preservation exemption covenant is recorded and a copy of the Final Application and resolution of the City Commission, as approved, have been transmitted to the Palm Beach County Property Appraiser. [Amd. Ord. 50-96 11/19/96] 4.5 -27 SECTION 4.5.1 (M) (5) (5) Qualifying Properties and Improvements: [Amd. Ord. 50-96 11/19/96] (a) The following real property in the City is qualifying property for the purposes of this ordinance if at the time the exemption is approved by the City Commission, the property: [Amd. Ord. 50-96 11/19/96] (i) is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or, [Amd. Ord. 50-96 11/19/96] (ii) is a contributing property to a National Register-listed district; or, [Amd. Ord. 50-96 11/19/96] (iii) is designated as a historic property, or as a contributing property to a historic district, under the terms of the City's historic preservation ordinance; and, [Amd. Ord. 50-96 11/19/96] (iv) has been certified by the Historic Preservation Board as satisfying (a) (i), (ii), or (iii). [Amd. Ord. 50-96 11/19/96] (b) For an improvement to a historic property to qualify the property for an exemption, the improvement must: [Amd. Ord. 50-96 11/19/96] (i) be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended; [Amd. Ord. 50-96 11/19/96] (ii) be determined an improvement by the Historic Preservation Board as established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A-38, as amended which defines a real property improvement as changes in the condition of real property brought about by the expenditure of labor and money for the restoration, renovation, or rehabilitation of such property. Improvements shall include, but are not limited to: modifications, repairs, or additions to the principal contributing building and its associated accessory structures (i.e. a garage, cabana, guest cottage, storage/utility structures, swimming pools), whether existing or new, as long as the new construction is compatible with the historic character of the building and site in terms of size, scale, massing, design, and materials, and preserves the historic relationship between a building or buildings, landscape features, and open space. The exemption does not apply to improvements made to non-contributing principal buildings or their non- contributing accessory structures. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96 4.5 - 28 SECTION 4.5.1 (M) (5) (b) iii. (iii) be consistent with Section 4.5.1(E), "Development Standards", of the City's Land Development Regulations; and [Amd. Ord. 50-96 11/19/96] (iv) include, as part of the overall project, visible improvements to the exterior of the structure. [Amd. Ord. 50-96 11/19/96] (6) Evaluation of Property Used for Government or Nonprofit Purposes: [Amd. Ord. 50-96 11/19/96] (a) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is being used for government or nonprofit purposes if the sole occupant of at least 65 percent of the useable space is an agency of the federal, state or a local government unit or a nonprofit organization certified by the Department of State under Section 617.0301, Florida Statutes. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (b) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is considered regularly and frequently open to the public if public access to the property is provided not less than 12 days a year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. [Amd. Ord. 50-96 11/19/96] (7) Application for Exemption: [Amd. Ord. 50-96 11/19/96] (a) Any property owner, or the authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must file a Tax Exemption Application with the Planning and Zoning Department. The application shall be made on the two-part Historic Preservation Property Tax Exemption Application, approved by the State of Florida, Division of Historical Resources. Part 1 of the application, the Construction Application, shall be submitted before, during, or after qualifying improvements are initiated and Part 2, the Final Application/Request for Review of Completed Work, shall be submitted upon completion of the qualifying improvements. The Final Application shall contain the Historic Preservation Exemption Covenant, as provided for herein. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] 4.5 - 29 SECTION 4.5.1 (M) (8) (8) Part 1, Construction Application: [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (a) A Construction Application shall be filed with the Planning and Zoning Department before, during, or after the qualifying project is constructed. The Construction Application shall also contain information concerning the estimated cost of the qualifying improvement and be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property. Upon receipt of the Construction Application, the Historic Preservation Planner shall review the application and determine whether the application is complete and whether the property satisfies the requirements of Section 4.5.1(M)(5) and is therefore eligible for review by the Historic Preservation Board. [Amd. Ord. 10-03 5/20/03]; (9) Review of Construction Application by the Historic Preservation Board: [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (a) The Historic Preservation Board shall review the Construction Application within 60 days of the Historic Preservation Planner's determination of eligibility. The exterior portion of the work shall be reviewed in accordance with the Certificate of Appropriateness review process simultaneously with the Part 1, Construction Application. If site plan approval or a variance is required for the project, the respective applications shall be presented to the Historic Preservation Board in conjunction with the Certificate of Appropriateness review process. If Part I of-the Construction Applition is submitted—after the project-has been completed, the application must be submitted within 18 months from the date of issuance of a Certificate of Occupancy. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (i) If the Historic Preservation Board determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.1(E), the Construction Application and, if applicable, the Certificate of Appropriateness shall be approved by the Historic Preservation Board. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (ii) If the Historic Preservation Board determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1(E), corrective measures shall be prescribed by the Board. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] 4.5 - 30 SECTION 4.5.1 (M) (10) (10) Part 2, Final Application/Request for Review of Completed Work: [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (a) If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.1(E), the Board shall approve the Final Application/Request for Review of Completed Work and the Historic Preservation Planner shall issue a written order to the applicant. The Historic Preservation Planner will inspect the completed work to verify such compliance. The review of the Historic Preservation Board shall be completed within thirty (30) days of the receipt of the completed Final Application/Request for Review of Completed Work as verified by the Historic Preservation Planner. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (b) The Final Application/Request for Review of Completed Work shall be accompanied by documentation of the total expenditures of the qualifying improvements. Appropriate documentation may include, but is not limited to, paid contractor's bills, AIA Forms 702-704, canceled checks, copies of invoices, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request for Review of Completed Work and all required supporting documentations, the Historic Preservation Board shall conduct a review at a regularly scheduled public meeting to determine whether or not the completed improvements are in compliance with the work described in the Construction Application, approved amendments, . -71-(E). After the above men'rioned review, the Historic Preservation Board shall recommend that the City Commission grant or deny the exemption. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (c) If the Historic Preservation Board determines that the work as completed is either not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.1(E), the applicant shall be advised that the Final Application has been denied. The Historic Preservation Planner shall provide a written summary of the reasons for the determination to the applicant. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (11) Appeal to the Historic Preservation Board's Decision: [Amd. Ord. 10- 03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (a) Any action taken by the Historic Preservation Board is appealable to the City Commission pursuant to Section 2.4.7(E), "Appeals". [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] 4.5 - 31 SECTION 4.5.1 (M) (12) (12) Approval by the City Commission: [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (a) Upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed by resolution on the agenda of the City Commission for approval.. The resolution of the City-Commission-approving the Final Application shall provide the name of the owner of the property, the property address and legal description, a recorded restrictive covenant as provided in Section 4.5.1(M)(13) in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of the exemption, including the expiration date. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (13) Historic Preservation Exemption Covenant: [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (a) To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant with the Final Application/Request for Review of Completed Work. The covenant as established by the Department of State, Division of Historical Resources, shall be in a form approved by the City of Delray Beach City Attorney's Office and applicable for the term for which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is granted. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50- 96-11119/96] (b) On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a certified copy of the recorded covenant to be delivered to the City's Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Sec. 212.12(3), Florida Statutes. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (14) Completion of Work: [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] 4.5 - 32 SECTION 4.5.1 (M) (14) (a) (a) An applicant must complete all work within two (2) years following the date of approval of a Part 1 Construction Application by the Historic Preservation Board. A Construction Application shall be automatically revoked if the property owner has not submitted a Final Application/Request for Review of Completed Work within two (2) years following the date of approval of the Construction Application. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (b) The City Commission, upon the recommendation of the Historic Preservation Board, may extend the time for completion of a substantial improvement in accordance with the procedures of the City's Building Code. [Amd. Ord. 50-96 11/19/96] (15) Notice of Approval to the Property Appraiser: [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (a) Upon the receipt of a certified copy of the recorded restrictive covenant by the Historic Preservation Planner, the Planner shall transmit a copy of the approved Final Application/Request for Review of Completed Work, the exemption covenant and the resolution of the City Commission approving the Final Application and authorizing the tax exemption to the Palm Beach County Property Appraiser. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (b) The resolution approving an historic tax exemption must be filed with the Palm Beach County Property Appraiser on or before January 1st of the year in which an exemption is requested. Therefore, the Final Application/Request for Review of Completed Work must be submitted no later than November 1st of the year the work was completed in order to process the application for both the Historic Preservation Board and City Commission approvals. If the Final Application/Request for Review of Completed Work is not submitted by November 1st of the year the work was completed, the abatement will not take effect until the following year of the date of submittal. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (16) Revocation Proceedings: [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50- 96 11/19/96] (a) The Historic Preservation Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption Covenant. [Amd. Ord. 50-96 11/19/96] 4.5 - 33 SECTION 4.5.1 (M) (16) (b) (b) The Historic Preservation Planner shall provide notice to the current owner of record of the property and the Historic Preservation Board shall hold a revocation hearing in the same manner as in Section 4.5.1(M)(10), and make a recommendation to the City Commission. [Amd. Ord. 10-03 5/20/03]; [Amd. Ord. 50-96 11/19/96] (c) The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 8 of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser, and filed in the official records of Palm Beach County. [Amd. Ord. 50-96 11/19/96] (d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation. [Amd. Ord. 50-96 11/19/96] (N) Criteria for Change of Historic Designation and/or Classification: [New Section per Ord. 09-08 9/16/08] (1) A survey of all historic districts may be conducted by the City every five (5) years. The survey report may recommend changes to the historic designation and/or classification of properties located within or immediately adjacent to a designated historic dtstrrct. (a) Criteria for Removal from a Historic District: If a survey reveals that a part of a historic district that touches the edge of the boundary of the historic district as it existed at the time of original designation of that district or that was once part of a platted lot that touched the edge but has since been subdivided has had its historic integrity irreversibly compromised due to inappropriate development as determined by the survey consultant, then the offending part of the district may be removed and the boundary lines of the historic district revised to reflect the removal in accordance with LDR Section 4.5.1(0). 1. If a property owner within the part of the district seeking removal from the historic district desires to retain the historic designation for their property, then they may apply to individually designate their property pursuant to LDR Sections 4.5.1(B) and (C). If a property has received a tax exemption pursuant to LDR Section 4.5.1(M) as a contributing structure within a historic district but does not qualify for individual designation, then the part of the district seeking to be removed from the district which includes said property may not be 4.5 - 34 SECTION 4.5.1 (N) (1) (a) 1. removed until the tax exemption expires pursuant to LDR Section 4.5.1(M)(3). (b) Criteria for Change of Historic Classification: If a City-initiated survey conducted within the last five (5) years reveals that a property within a historic district should be reclassified as either contributing or non-contributing,-then the classification may-be-revised in-accordance with LDR Section 4.5.1(0) and shall be determined as follows: 1. The survey recommends the inclusion of an additional "Period of Significance", which would reclassify properties from non- contributing to contributing, or; 2. The survey recommends that a property or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic integrity of the structure, which would reclassify the structure from contributing to non-contributing. (c) Criteria for Expansion of a Historic District: If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing, then that historic district may redefine its boundaries to include the adjacent contributing structures in accordance with LDR Section 4.5.1(0), or a new historic district may be created to incorporate those identified properties in accordance with LDR Section 4.5.1(C). (&Procedures /oClassification. [New Section per Ord. 09-08 9/16/08] (1) Procedures for Removal from or Expansion of a Historic District: Applications shall be made to the Historic Preservation Board and may be initiated by written request of: (a) The Historic Preservation Board based upon the recommendations of a survey completed within five (5) years prior to the application; (b) The City Commission based upon the recommendations of a survey completed within five (5) years prior to the application; or (c) Any owner(s) of a property to be removed or added based upon the recommendation of a City-initiated survey completed within twelve (12) months or less prior to application. Applications submitted by property owners shall include: 1. photographs and addresses of all properties that will be either removed from or added to the historic district and; 4.5 - 35 SECTION 4.5.1 (0) (1) (c) 2. 2. signatures of at least seventy-five percent (75%) of the property owners that are located in the area that will be removed from or added to the historic district. (2) Procedures for Change of Historic Classification: Applications to change the historic classification of a property or properties within a historic district shall be madeto the Historic Preservation Board and may be initiated by written request of: (a) The Historic Preservation Board based upon the recommendations of a City-initiated survey completed within five (5) years prior to the application; or (b) The City Commission based upon the recommendations of a City- initiated survey completed within five (5) years prior to the application; or (c) Any owner(s) of a property to be reclassified based upon the recommendation of a City-initiated survey completed within twelve (12) months prior to the application. Applications submitted by property owners shall include: 1. photographs and addresses of all properties that will be reclassified as contributing or noncontributing; and 2. signatures of at least seventy-five percent (75%) of the owners whose properties are to be reclassified. (3) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4.5.1(N)(1). The Planning and Zoning Director or his/her designee shall then prepare a report which shall contain the following: (a) Change of Historic Designation: 1. Proposed revised legal boundaries of the historic district; 2. Analysis of the historic significance and character of the property(ies) to be removed from or added to the historic district; and 4.5 - 36 SECTION 4.5.1 (0) (3) (a) 3. • 3. A staff recommendation as to whether or not the properties should be removed due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or part of a district or whether or not the additional properties should be added o the historic district due to an increase in contributing structures adjacent to the district. (b) Change of Historic Classification: 1. Analysis of the properties to be reclassified; and 2. A staff recommendation as to whether or not the properties should be reclassified due to either: a. loss of historic integrity as a result of irreversible alterations to a contributing property; or b. inclusion of an additional "Period of Significance" per the survey recommendations. (4) Upon completion and formal review of the report, a public hearing shall be held. Notice of said hearing shall be made to the owner(s) of all properties within the subject historic district and the owner(s) of all properties within five hundred feet (500') of the affected properties at least ten (10) days prior to the hearing by regular mail. Additional notice shall be given in the same manner as provided for a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice published in the newspaper at least ten (10) days prior to the h-earilrg, provided, 2(BJ(1)(L.) is not required. (5) After conducting the public hearing, if the Historic Preservation Board finds that the application fulfills the proper criteria and all procedures have been followed correctly, it shall vote on the recommendation. A majority of the entire Board, present and voting, must act in the affirmative to approve the application. The decision of the Board, whether the application is approved or denied, shall then be transmitted to the City Commission. The City Commission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption procedures, except that if any property owner within the subject historic district or within five hundred feet (500') of the edge of the property seeking a change of historic designation and/or classification objects, the City Commission approval shall require a super majority vote of four (4) votes. Section 4.5.2 Noise Control: Any land use established within the City of Delray Beach must comply with the requirements of Chapter 99, Noise Control, of the Code of Ordinances. 4.5 - 37 1' ORDINANCE NO. 01-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ARTICLE 2.2, "ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS", SECTION 2:2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTIONS (A), "CREATION", (B), "COMPOSITION AND SPECIAL QUALIFICATION", AND (D), "DUTIES, POWERS, AND RESPONSIBILITIES", TO CLARIFY AND AMEND HISTORIC PRESERVATION BOARD DUTIES, POWERS AND RESPONSIBILITIES; AMENDING ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2.4.7, "PROCEDURES FOR OBTAINING RELIEF FROM COMPLIANCE WITH PORTIONS OF THE LAND DEVELOPMENT REGULATIONS", SUBSECTION (A), "VARIANCES", TO CLARIFY THE REVIEW OF VARIANCES BY THE HISTORIC PRESERVATION BOARD; AMENDING ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICT", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS", (F), "DEVELOPMENT STANDARDS", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS"; SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SUBSECTIONS (E), "REVIEW AND APPROVAL PROC-ESS" (F), "IDEVEIJOPMDN I' STANDARDS", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS"; SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS", (F), "DEVELOPMENT STANDARDS", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS"; SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS", (F), "DEVELOPMENT STANDARDS", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS"; SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT', SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS", (F), "DEVELOPMENT STANDARDS", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS"; SECTION 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS", (F), "DEVELOPMENT STANDARDS", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS"; SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTIONS (E), "REVIEW AND APPROVAL PROCESS", (F), "DEVELOPMENT STANDARDS", AND (G), "SUPPLEMENTAL DISTRICT REGULATIONS" TO SPECIFY THAT ALL PROPERTIES IN A V HISTORIC DISTRICT OR INDIVIDUALLY DESIGNATED HISTORIC PROPERTIES ARE SUBJECT TO THE PROVISIONS OF SECTION__ 4.5.1 AND REVIEW BY THE HISTORIC PRESERVATION BOARD; AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTIONS (B), "CRITERIA FOR DESIGNATION OF HISTORIC SIZES OR DISTRICTS" AND (C), "DESIGNATION PROCEDURES", TO CLARIFY HISTORIC DESIGNATION PROCEDURES; SUBSECTION (D), "REVIEW AND APPROVAL PROCEDURES", TO CLARIFY APPLICATION PROCESS OF PROPERTIES SUBJECT TO HISTORIC PRESERVATION BOARD REVIEW; AND SUBSECTION (E), "DEVELOPMENT STANDARDS", TO CLARIFY EXISTING REQUIREMENTS FOR FENCES, PARKING, GARAGES, RELIEF FROM PARKING REQUIREMENTS, AND VISUAL COMPATIBILITY STANDARDS; BY REPEALING SUBSECTIONS (I), HISTORIC PRESERVATION BOARD TO ACT ON APPLICATIONS OTHER THAN CERTIFICA 1ES OF APPROPRIATENESS"; (), "HISTORIC PRESERVATION BOARD TO ACT ON VARIANCE REQUESTS", (K), "DESIGNATION OF HISTORIC SITES", (L), "DESIGNATION OF HISTORIC DISTRICTS"; (M), "TAX EXEMPTION FOR HISTORIC PROPERTIES", (N), "CRI1'iRIA FOR CHANGE OF HISTORIC DESIGNATI0-N AN —CM SSIFICATTON;AN , "PROCEDURE FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLARIFICATION", AND ENACTING NEW SUBSECTIONS (I), "LOCAL REGIS TER OF HISTORIC PLACES",TO COLLECTIVELY LIST ALL HISTORIC DISTRICTS AND INDIVIDUALLY DESIGNA LED PROPERTIES; AND Q), "TAX EXEMPTION FOR HISTORIC PROPERTIES", TO CLARIFY THE PROCESS FOR TAX EXEMPTIONS ON HISTORIC PROPERTIES; AND AMENDING SUBSECTIONS (K), "CRITERIA FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", AND, (L), "PROCEDURES FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", TO CLARIFY EXISTING REGULATIONS AND REQUIREMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DA 1'h. WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens;and WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach; and 2 WHEREAS pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on April 20, 2012 and voted _ to _ to recommend that the changes be approved;and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan;and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Article 2.2, "Establishment of Boards Having Responsibilities For Land Development Regulations", Section 2.2.6, "The Historic Preservation Board", Subsections (A), "Creation", (B), "Composition and Special Qualification", and (D), "Duties, Powers, and Responsibilities", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (A) Creation: A Historic Preservation Board for the City of Defray Beach is hereby created. The purpose of this Board is to foster and promote the recognition, protection, enhancement and use of historic resources in the City of Delray Beach; and to have a lay body which shall have authority to act on matters pertaining to historic preservation; and to promote certain functional and aesthetic goals, objectives and policies as set forth in the City's Comprehensive Plan, as they relate to the preservation of Delray Beach's historic resources . (B) Composition and Special Qualifications: (1) The Historic Preservation Board shall consist of seven members. (2) Each of At least five seats on the Board must be filled with either an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. The appointing body shall endeavor to appoint as may many disciplines as possible to the Board. Lay persons of knowledge, experience and judgment who have an interest in historic preservation shall make up the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. (C) Meetings and Quorum: 3 (1) The Historic Preservation Board shall hold at least one regularly scheduled business meeting each month and it shall be held in the evening hours. (2) Four members of the Board shall constitute a quorum. (3) An application for a Certificate of Appropriateness shall be approved by a majority of the members present and voting. (D) Duties, Powers, and Responsibilities: (1) Develop, maintain, and update a survey of archaeological sitcs, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will Board will work with the City Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining this survey. • , , • , districts,and the like so designated as historic sites and/or historic districts. pursuant ereto y e ationa ar ervrcc a cState urreau of Historic Preserc ation in Section 2.1.6(H). In addition to the Zoning District Rcg�rlag�,nS tli�Hi er. ' atr“-Board-,hall-app1 the visual compatibility standards provided for in Section 1.5.1(E)(8) with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction,-and other criteria set forth in Section 1.5.1. (5) Act as a regulato , (6) Make recommendations concerning land development code amendments to the Planning and Historic structures and districts. (7) Act in lieu of Board of Adjustment. The Histeric Preservation Board shall act in lieu of the Board of Adjustment and is empowered to grant variances from. existing ordinances for properties designated as historic sites, within designated historic districts or listed on- the Local Register of Historic Places. In [Section 2.1.7(B)]. Any appeal from the approval or denial of a variance by the Historic Preservation Board_ shallbe directly to the City Commission. 4 • oraneous architectural styles, colors building materials, and so forth for all properties which are Individually Designated andjor located_____. appropriateness under these guidelines shall be in lieu of consideration and approval by the Site Plan Review Board. • restrictions, and the negotiation of contracts for the purposes of historic preservation. participating in public education programs. (11) Make recommendations to the Commission concerning the use of grants from federal and state agencies, and the use of City funds to promote the preservation and conservation of historically and (12) Evaluate, comment upon, and make recommendations to the Commission concerning the anizations, businesses, and individuals and endeavor to arrange agreements to help insure the conservation and p cservation of historically and aesthetically significant sacs, buildings, structures, and districts for which demolition or destruction is proposed. (11) In the name of the City, and only with the express approval of the Commission, seek, apply for, solicit, receive, and expend any federal, state, or private grant, gift, or bequest of any funding, property, or interest in property to further the purposes of historic and heritage conservation and preservation. • • (16) Create and approve standardized historic markers and plaques and issue recognition to designated historic sites and historic districts within the City. (17) Advise the Commission on all matters related to the use, administration, and maintenance of city owned designated historic sites and historic districts. (18) Execute any other functions which may be approved by ordinance or resolution of the Commission. -(19) Demonstrate a spirit of cooperation with and provide administrative assistance to property owners in the conservation and preservation of historic sites and properties within historic districts. 5 (D) Duties, Powers, and Responsibilities: The following duties, powers, and responsibilities shall be carried out by the Historic Preservation Board: (1) Act as a regulatory body on all development applications and Certificates of Appropriateness, as specified in Section 2.4.6(H) for properties located within a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I), and subject to processing under Section 2.4.5. (2) Act in lieu of the Board of Adjustment to grant variances pursuant to Section 2.4.7(A) for properties located within a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I). (3) Grant variances from Section 4.6.7, Signs, for those nonconforming signs which existed at the time of enactment of Ordinance 51-75, adopted on December 8, 1975. (4) Grant relief to Section 4.6.16,Landscape Regulations, through the waiver process. (5) Grant relief from the number of parking spaces required for specific uses pursuant to Section 469T')(1)._ — — (6) Make recommendations to the Planning and Zoning Board concerning amendments to the Land Development Regulations, and to the Chief Building Official concerning building code amendments, as they apply to Historic structures and districts. (7) Act as a regulatory body to approve, deny, or modify a Master Development Plan for properties located within a Historic District or for Individually Designated Sites as listed on the Local Register of Historic Places in Section 4.5.1(I). (8) Develop, establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for all properties which are Individually Designated and/or located within historic districts. Such guidelines will be subject to review by the Planning and Zoning Board, and will be subject to approval by the Commission. (9) Develop, maintain, and update survey reports of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the survey report as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate all survey reports. The Board will work with the Delray Beach Historical Society, the State Bureau of Historic_ Preservation, and other appropriate public and nonprofit organizations in maintaining the survey reports. 6 (10) Nominate buildings, sites, and districts for historic designation on the Local Register of Historic Places. (11) Nominate and participate in the listing of buildings, sites, and districts on the National Register of Historic Places. (12) Make recommendations to the City Commission about facade easements, the imposition of other restrictions, and the negotiation of contracts for the purposes of historic preservation. (13) Increase public awareness of the value of historic preservation by developing, conducting, and participating in public education programs. (14) Make recommendations to the City Commission concerning the use of grants and City funds to promote the preservation and conservation of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (15) Evaluate, comment upon, and make recommendations to the City Commission concerning the deliberations and decisions of other public agencies affecting the physical development and appearance of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (16) Contact public and private organizations, businesses, and individuals and endeavor to arrange agreements to help insure the conservation and preservation of historically and aesthetically significant buildings and structures for which demolition ispropns_ed. (17) In the name of the City, and only with the express approval of the City Commission, seek, apply for, solicit, receive, and expend any federal, state, or private grant, gift, or bequest of any funding, property, or interest in property to further the purposes of historic and heritage conservation and preservation. (18) Make recommendations to the City Commission, by referral to the Planning and Zoning Board, to make historic preservation concepts an integral and ongoing part of all City planning and zoning codes, the City Future Land Use Plan, and any comprehensive use planning required by this state. (19) Advise the City Commission on all matters related to the use, administration, and maintenance of city-owned designated historic sites. (20) Execute any other functions relevant to the duties_powers and responsibilities of the Board regarding historic preservation planning programs and policies which may be approved by ordinance or resolution of the City Commission. Section 2. That Article 2.4, "General Procedures", Section 2.4.7, "Procedures for Obtaining Relief From Compliance With Portions of the Land Development Regulations", Subsection (A), "Variances", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: 7 (A) Variances: A variance is a relaxation of the terms of these land development regulations where such variance will not be contrary to the public interest and where owing to the conditions peculiar to the property and not the result of the actions of the landowner, a literal enforcement of the regulations would result in unnecessary and undue hardship. (1) Rule: A variance shall be granted only by the Board of Adjustment, or the Historic Preservation Board, and only for relief-from regulations established listed in Section 2.2.4(D), Powers of the Board of Adjustment. The Historic Preservation Board shall act on all variance requests within a Historic District or on a Historic Site,which otherwise would be acted upon by the Board of Adjustment. (2) Required Information: The following information including the appropriate processing fee must be provided for consideration of a variance: * (a) Standard Application Items pursuant to 2.4.3(A); * (b) A petition or application setting forth the requirements, with reference to code section, for which the variance is sought along with the basis for the associated hardship (a standard form petition as issued by the Chief Building Official shall be used for requests heard by the Board of Adjustment and a Variance Application from the Planning and Zoning Department shall be used for requests heard by the Historic Preservation Board.) (3) Process: A request for a variance shall be processed in the following manner: * (a) Receipt and certification as to completeness; (b) Consideration at a public hearing before the Board of Adjustment or Historic Preservation Board; The action of thc Board of Adjustment is final. (c) All actions are final unless an appeal is filed. Appeals to actions of the Board of Adjustment may be filed with the Circuit Court of Palm Beach County. Appeals to actions of the Historic Preservation Board may be filed with the City Commission. (4) Conditions: The reviewing Board may prescribe appropriate conditions and safeguards, in conformity with existing regulations, to provide mitigation of any adverse impacts associated with a required finding. Violations of such conditions or safeguards,when made a part of the terms under which the variance is granted, shall be deemed a violation of existing ordinances and punishable under Section 1.4.4. (5) Findings: The Board of Adjustment following findings must be made make thc following findings prior to approval of a variance: (a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or 8 buildings subject to the same zoning (The matter of economic hardship shall not constitute a basis for the granting of a variance); (b) That literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning; (c) That the special conditions and circumstances have not resulted from actions of the applicant; (d) That granting the variance will not confer onto the applicant any special privilege that is denied to other lands, structures, and buildings under the same zoning. Neither the permitted, nor nonconforming use, of neighborhood lands, structures, or buildings under the same zoning shall be considered grounds for the issuance of a variance; (e) That the reasons set forth in the variance petition justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and, (f) That the granting of the variance will be in harmony with the general purpose and intent of existing regulations will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (6) Alfrnative Findings of the Historic Preservattori Board: The Board may be guided-by the following to make findings as an alternative to the criteria above: (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: 9 Section 3. That Article 4.4, "Base Zoning District", Section 4.4.3, "Single Family Residential (R-1) District", Subsections (E), "Review and Approval Process", (F), "Development Standards", and (G),______ "Supplemental District Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) All principal uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and otherwise complying with applicable use restrictions. (2) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.5(J) or (K),as applicable. (4) Within the North Beach/Seagate and Ocean Neighborhood Overlay Districts, all applications for single family residences, and additions and renovations that exceed 50% of the square footage of the existing structure must be reviewed in accordance with the Beach Property Owners Design Manual,pursuant to the site plan processing schedule provisions of Section 2.4.8. (5) 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 Pr-eservation--B oar d pursuant to Section--2-6-(D). (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply, except as modified below: (1) North Beach/Seagate and Ocean Neighborhood Overlay Districts: In addition to the provisions of Section 4.3.4(K), properties located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height,width,mass, scale, materials, color, style, form, and square footage. (2) Lake Ida Neighborhood Overlay District: In addition to the provisions of Section 4.3.4(K), properties located within the Lake Ida Neighborhood Overlay District shall comply with the following regulations: (a) Maximum Lot Coverage: 1. Forty percent (40%) for one story houses 2. Thirty percent (30%) for multi-story houses 10 (b) The maximum Floor Area Ratio is .35 for a multi-story house. Property with frontage on Lake Ida are allowed aFloor Area Ratio of.40 for a multi story house. (c) The area of the upper floors shall not be greater than seventy-five percent (75%) of the area of the first floor. Properties with frontage on Lake Ida are allowed to have upper floors with up to 100% of the area of the first floor. (d) Minimum setback for multi-story homes in the R-1-AA zoning district shall be twenty-five feet (25') for the front yard and fifteen feet (15') for the rear yard. (e) Minimum setback for multi-story homes in the R-1-AAA and R-1-AAAB zoning districts shall be thirty feet (30') for the front yard and seventeen feet (17') for the rear yard. (f) Additional landscaping required for both new multi-story houses or additions to existing multi-story houses shall be as follows: 1. New houses: landscaping requirements shall be the same as the Beach Districts as provided in the Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods. 2. Additions: supplemental landscaping shall be provided along that portion of the house where the new upper floor addition occurs within 5' of the minimum required setback fines-The intent of-die ie requirement-is to soften and screen the upper story arc dttton and shall generally consist of additional vertical landscaping which would include fourteen foot (14') shade trees or eighteen foot (18') Palm trees at spacings determined by the City Landscape Department to be sufficient to meet the intent of this requirement. (g) First Floor Maximum Height: 1. Single-story or first floor limits shall be established by: a. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet(14'). b. Any portion exceeding the dimensions described in Section 4.4.3(F)(2)(g)1.a. above shall be considered multi-story structures. (h) Upper Story Height: 1. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12'). 11 (3) Carver Square Brownfield Area Development Standards: The following development standards apply to properties located in the Carver Square Brownfield Area (Resolution No. 20-07 - Carver Square Lots 11-30). (a) Setbacks: (1) Front: 20' (2) Side (Street): 10' (3) Side (Interior): 7.5' (4) Rear 10' (b) Setbacks for Garages, Carports and Porte-Cocheres: Required parking is not allowed in the front or street side setback. Garages, carports and porte-cocheres must have a minimum 20' setback when the entrance faces a public street. or alley. (c) Porch Encroachments: Front porches may extend 5' into the front or side street setback and cannot be enclosed in any manner. (4) Historic Districts, Sites, and Buildings: In addition to the provisions of 4.3.4, 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. Supplemeriffl D-i uRegulati'ons: The supplemental district regulations as set forth in Art-el .6 shall apply, except as modified below: (1) North Beach/Seagate and Ocean Neighborhood Overlay Districts: In addition to the provisions of Section 4.3.4(K), properties located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts shall comply with the provisions of the adopted Beach Property Owners Design Manual for the North Beach and Seagate Neighborhoods including but not limited to visual compatibility standards relating to limitations on height,width, mass, scale,materials, color, style, form, and square footage. (2) Carver Square Brownfield Area: Within the Carver Square Brownfield Area (Resolution No. 20-07 - Carver Square Lots 11-30), all irrigation must be connected to a City water system and the provision of irrigation from a well system is prohibited. (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). Section 4. That Article 4.4, `Base Zoning District", Section 4.4.5, "Low Density Residential (RL) District", Subsections (E), "Review and Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: 12 (E) Review and Approval Process: (1) Single family and duplex uses and accessory uses thereto shall beallowed upon application to and approval by the Chief Building Official for structures which require a building permit and otherwise complying with applicable use restrictions. (2) New Mmultiple family uses and structures must be approved by the Site Plan Review and Appearance Board pursuant the provisions of Section 2.4.5(F), 2.4.5(H), and (I)-unless it is a property located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(1). (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.5(j) or (K), as applicable. (4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (5) 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). (F) Development Standards: (1) The provisions for the R-1-A District shall apply for single family detached dwellings. (2) The development standards as set forth in Section 4.3.4 shall apply for duplex and multi-family development. (3) In addition to the provisions of 4.3.4, 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. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply, except as modified below: (1) 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). Section 5. That Article 4.4, "Base Zoning District", Section 4.4.6, "Medium Density Residential (RM) District", Subsections (E), "Review and Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: 13 (1) Single family and duplex uses and accessory uses thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a_building_permit and which otherwise comply with applicable use restrictions. (2) New Mmultiple family uses and structures must be approved by the Site Plan Review and Appearance Board pursuant to the provisions of Section 2.4.5(F), 2.4.5(H), and (I)- unless the property is located within a designated historic district of is individually designated. (3) The creation of a new lot for the purpose of building a single family residence requires platting pursuant to 2.4.50) or (K), as applicable. (4) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (5) 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).. (F) Development Standards: (1) The provisions for the R-1-A District shall apply for single family detached dwellings. (2) The development standards as set forth in Section 4.3.4 shall apply for duplex and multi-family development, except as modified herein (3) Southwest Neighborhood and Carver Estates Overlay Districts and Infill Workforce Housing Area Development Standards: The following development standards apply to duplex and multi- family development in the Southwest Neighborhood Overlay District, Carver Estates Overlay District and the Infill Workforce Housing Area, which is being developed pursuant to regulations set forth in Article 4.7, "Family/Workforce Housing". (a) Setbacks: (1) Front: 15' (2) Side (Street): 15' (3) Side (Interior): 1 and 2 story 10' 3 story 15' (4) Rear: 10' (b) Setbacks for Garages, Carports and Porte-Cocheres: Garages, carports and porte- cocheres must have a minimum 20' setback when the entrance faces a public street or alley. 14 (c) Porch Encroachments: Front porches may extend 5' into the front or side street setback and cannot occupy more than 50% of the building frontage and cannot be enclosed in any manner. (4) Historic Districts, Sites, and Buildings: In addition to the provisions of 4.3.4, properties located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(1), are subject to the provisions of Section 4.5.1. (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following supplemental district regulations shall apply in the RIvI zone district. (1) Southwest Neighborhood and Carver Estates Overlay Districts and Infill Workforce Housing Area: The following supplemental district regulations shall apply to duplex and multi-family development in the Southwest Neighborhood Overlay District, Carver Estates Overlay District and the Infill Workforce Housing Area, which is being developed pursuant to regulations set forth in Article 4.7, "Family/Workforce Housing". (a) Parking in the front yard is discouraged. No parking shall be allowed in the front yard unless there is no dedicated access to the side or rear of the property. (b) When garages are provided in the side or rear yards, on-street parking must be provided. (2) Hiatoric Dis nc st;Sites, and Boil-dings: Properties of sated w thin 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). Section 6. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business (CBD) District", Subsections (E), "Review and Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (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. (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, 15 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. (5) The process for modification of a conditional use and site plan approved pursuant to Section 4.4.13 (I) is as follows: (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. (b) Modifications to the plan that do not affect the application of the performance standards may be processed as a site plan modification. (6) All development applications which are processed through the Planning and Zoning Board,et SPRAB, or HPB shall be referred to the Downtown Development Authority and the Community Redevelopment Agency prior to action by the approving body. (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). (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: (1) Height: The CBD is a geographic area in which exceptions to height regulations are allowed pursuant to Section 4.3.40). (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 4.3.40)(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. (b) Arcade Height shall be a minimum ten feet (10'), measured from finished arcade floor to finished arcade ceiling. (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. 16 (2) Open Space: A-minimum of 10% non vehicular open space shall be provided; however, within Notwithstanding the provisions of this section, the body acting upon a development application within the (2) Open Space: A minimum of 10% non-vehicular open space shall be provided, except as follows: (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, (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. (3) Building Frontage: (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. (4) Front Setbacks: (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') 17 (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 (/0%) and a maximum of ninety percent (90°o o e dung 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. (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. 18 (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 di ay, 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). 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'). 19 (5) Side Interior Setbacks for all buildings shall be as follows: (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. (6) Side Street Building Frontage and Setbacks (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). (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. (7) Rear Setbacks (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 (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'). (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. 20 (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: (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, and business and professional offices, 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). (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. (c) If it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Subsection 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. (d) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of gross floor area. (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 six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (f) The parking requirements for residential units in multi-family structures and mixed-use buildings shall be as follows: • • 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 21 - 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. (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. (g)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. 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; 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 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. (.)_Weer Atlantic Neighborhood Supplemental D-is-trict R.egnlationsT-he--fallowing supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(B): (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). (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, 22 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 it is impossible or inappropriate to provide required parking on site or off-site, the in-lieu fee option provided in Section 4.6.9(E)(3) may be applied. (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. (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). Section 7. That Article 4.4, "Base Zoning District", Section 4.4.17, "Residential Office (RO) District", Subsections (E), "Review and Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) All residential uses allowed as a principal use or accessory use thereto shall be allowed upon application to and approval by the Chief Building Official for structures which require a building permit and which otherwise comply with applicable use restrictions. (2) For new New development or modifications of existing development, with the exception of single-family residential,or the first time establishment of nonresidential approval must be granted approved by the Site Plan Review and Appearance Board, pursuant to Sections 2.4.5(F), (H) and (I) )., unless it is a property located within a Historic District or Individually Designated Sites, as listed on the Local Register of Historic Places in Section 4.5.1(I). (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (4) The creation of a new lot for the purpose of building a single family residence or establishing a principal use on its own parcel required platting pursuant to Section 2.4.5(J) or (K), as applicable. (5) 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). 23 (F) Development Standards: _ (1) The development standards as set forth in Section 4.3.4 shall apply. (2) Historic Districts, Sites, and Buildings: In addition to the provisions of 4.3.4, 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. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified and added pursuant to the following: (1) All uses shall be in completely enclosed buildings and any outdoor storage is expressly prohibited. (2) Parking required for business, medical, and professional offices shall be at the standard of one space per three hundred square feet of net floor area (1/300). However, this requirement may be reduced to 1/400, or at least by one parking space, when there is a mix of residential and office use in the same structure or for an existing structure on a property located within a designated historic district or an individually designated historic site. (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(1), shall comply witrtl Visual C 1� a b�l�ty—S nda�ds of ec .on . . -8). Section 8. That Article 4.4, "Base Zoning District", Section 4.4.21, "Community Facilities (CF) District", Subsections (E), "Review and Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (E) Review and Approval Process: (1) In established structures, principal and accessory uses shall be allowed therein upon application to, and approval by, the Chief Building Official for a certificate of occupancy. (2) For any new development, approval must be granted by the Historic Preservation Board or the Site Plan Review and Appearance Board pursuant to Sections 2.4.5(F), 2.4.5(H), and (I). (3) Conditional uses must be approved pursuant to Section 2.4.5(E). (4) 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(1) is subject to review by the Historic Preservation Board,pursuant to Section 2.2.6(D). 24 (F) Development Standards: The development standards . as _. guidelines for sitc development. While deviations from these standards arc allowed, each deviation must be (1) The development standards as set forth in Section 4.3.4 shall apply. (2) Historic Districts, Sites, and Buildings: In addition to the provisions of 4.3.4, 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. (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, the following supplemental district regulations shall apply in the CF District.. (1) Medical Arts Overlay District: The following supplemental district regulations apply to the Medical Arts Overlay District, as defined in Section 4.5.18. (a) In addition to the uses listed in 4.4.21(B), the following uses are allowed as permitted uses: 1. Institutional uses, such as: Non-residential Licensed Service Provider Facilities; Hospitals, with or without helipads and associated laboratories; Treatment Centers; Rehabilitation Centers; Testing Facilities; and Mental Health Treatment Facilities, including residential care. (2) 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). • Section 9. That Article 4.4, "Base Zoning District", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsections (E), "Review and Approval Process", (F), "Development Standards", and (G), "Supplemental District Regulations", of the Land Development Reg,lations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (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. (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. 25 (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). - — (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. (F) Development Standards: The development standards as set forth, for the OSSHAD District, in Section 4.3.4 apply, except as modified below: (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): (a) Lots 1- 7 and 19-24,Block 69 (b) Lots 7- 8,and the South 34.75 feet of Lot 6,Block 75;and (c) Lots 1- 6,Block 76 (2) The following locations shall be subject to the development standards of the West Atlantic Neighborhood (WAN) area of the CBD Zone District; (a) Lots 13-16,Block 60 (b) Lots 1- 4,Block 61 (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. (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. (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 facade are offset and varied to provide visual relief. (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. ° way s shall be on the ground floor only, shall be located not clesser than-15 fcct from the front building face, 26 • (7) All properties located within the Old School Square Historic District and are subject to the provisions of Section 4.5.1. (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. (2) The perimeter landscaping requirements of Section 4.6.16(H)(3)(e) shall not apply. (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. (4) Parking Requirements: (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. (b) Restaurants shall provide six spaces per one thousand square feet of total new or existing floor area being converted to restaurant use. (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. (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. (5) If it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Section 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E)(3) may be collected. For the purpose of this provision, "inappropriateness" may be considered in relationship to the historic character of this zone district. • 27 • (6) When the parking requirements of Section 1.6.9(C) 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. (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). Section 10. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections (B), "Criteria for Designation of Historic Sites or Districts", (C), "Designation Procedures", (D), "Review and Approval Procedures" and( E), "Development Standards" of the Land Development Regulations of the City of Delray Beach shall hereby be amended to read as follows: Section 4.5.1 H n Sit all t ' Historic Preservation: Designated Districts, Sites, and Buildings. (A) General: 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 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. (B) Criteria for Historic Designation of Historic Sites or Districts, Sites, and Buildings: (1) To qualify as a historic site, historic district, historic structure, or historic interior, individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. To qualify as a historic site, historic district, or historic structure, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below; to qualify as a historic interior the interior must fulfill one or more of the criteria set forth in division (2) and meet the criteria set forth in divisions (3)(b) and (3)(d). (2) A building, structure, site, interior, or district will be deemed to have historical or cultural significance if it meets one or more of the following criteria: (a) Is associated in a significant way with the life or activities of a major person important in city, state, or national history (for example, the homestead of a local founding family); (b) Is the site of a historic event with significant effect upon the city, state, or nation; 28 • (c)__Is associated in a significant way with a major historic_event, whether_cultural,_economic, • social,military, or political; • (d) Exemplifies the historical, political, cultural, economic, or social trends of the community in history; or, (e) Is associated in a significant way with a past or continuing institution which has contributed substantially to the life of the city. (3) A building, structure, site, or district is deemed to have architectural or aesthetic significance if it fulfills one or more of the following criteria; except that to qualify as a historic interior, the interior must meet the criteria contained within divisions (3)(b) and (3)(d): (a) Portrays the environment in an era of history characterized by one or more distinctive architectural styles; (b) Embodies those distinguishing characteristics of an architectural style, period, or method of construction; (c) Is a historic or outstanding work of a prominent architect, designer, landscape architect, or builder; or (d) Contains elements of design, derail, material, or craftsmanship of outstanding quality or which represented, in its time, a significant innovation or adaptation to the South Florida environment. (4) A building, structure, site, interior, or district will be deemed to have historic significance if, in addition to or in the place of the previously mentioned criteria, the building, structure, site, or zone meets historic development standards as defined by and listed in the regulations of and criteria for the National Register of Historic Places, as prepared by the United States Department of the Interior under the Historic Preservation Act of 1966, as amended. A copy of these standards for the National Register is made part of this section as if fully set forth herein. (C) Procedures for Historic Designation: (1) Buildings, structures, archaeological sites, or districts which meet the criteria for historic sites or districts set forth in Section 4.5.1(B) may be designated as historic sites or districts, and may be listed on the Local Register of Historic Places. (2) Nominations for historical site or district designation shall be made to the Historic Preservation Board on an application form developed and approved by the Board. 29 • (a) Nominations for historic site status may be initiated by: • (1) The Historic Preservation Board; (2) The City Commission; or (3) The property owner. (b) Nominations for historic district status may be initiated by: (1) The Historic Preservation Board;or (2) The City Commission ; or (3) The property owner(s). (3) The Board shall conduct a A preliminary evaluation of the information provided on each nomination application shall be conducted by the Historic Preservation Planner to determine if it generally conforms with historic status criteria. The Board shall then prepare a A designation report shall then be prepared which shall contains the following: (a) Proposed legal boundaries of the historic building, archaeological site, structure, or district; • (b) Any proposed conditional zoning regulations designed to replace or complement existing zoning regulations with regard to, but not limited to use, floor area, density, height, setbacks, pa ing,an ini ,m lot size; (c) Analysis of the historic significance and character of the nominated property;and (d) aAnalysis of optional historic interiors for those buildings and structures with interior features of exceptional architectural, aesthetic, artistic, or historic significance. (4) A public hearing before the HPB on each proposed designation shall be set, and,Notice of said hearing shall be made to the owner(s) of affected property at least ten days prior to the hearing by regular mail. Additional notice shall be given in the same manner as provided for a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice published in the newspaper at least ten days prior to the hearing, provided, however, posting pursuant to 2.4.2(B)(1)(b) is not required. (5) After conducting the public hearing,if the Historic Preservation Board finds that the nomination fulfills the proper designation criteria and all procedures have been followed correctly, it shall vote on the designation. A majority of the entire Board, present and voting, must act in the affirmative to transmit the nomination approve the designation. . The City Commission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption procedures;_ 30 • (6) After conducting the public haring, if the Hiateric Preservation Board docs net find that the sed pursuant to Section ). (7) The Board will issue an official "certificate of historic significance" to the owner of properties owner(s) of properties listed which are individually designated or classified as contributing to a historic district on the local historic register or judged as contributing to the character of a historic district listed listed on the Local historic register Local Register of Historic Places, as identified in Section 4.5.1(1). The Director acting as (D) Development Review and Approval Procedures: Once property is placed within a Historic District or designated as a Historic Site no development eider shall be issued without first obtaining a Certificate of Appropriateness pursuant to Section 2.11.6(I-) from the Historic Preservation Board. Obtaining a development application. Pursuant to Section 2.4.6(H), approval of a Certificate of Appropriateness (COA) must be obtained from the Historic Preservation Board prior to the exterior improvement of any property, building, or structure located within a Historic District or Individually Designated Site, as listed on the Local Register of Historic Places in Section 4.5.1(1),The COA process may occur concurrently with the processing of any additional reviews required for any such improvement of development. (ErDevelopment—Standards: All new development or exterior improvements regardless o use a=i i ri on individually designated historic properties and/or properties located within historic districts, whether , 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:, and the Development Standards of this Section. Relief from Subsections (1) through (9) below may be granted by seeking a waiver approvable by the Historic Preservation Board,unless otherwise stated. (1) Exterior Architectural Features. For the purpose of this Section, exterior architectural features shall include,but not be limited to the following: (a) The architectural style, scale, general design, and general arrangement of the structure's exterior; (b) The type and texture of building material;and (c) The type and style of all roofs,windows, doors, and signs. • (2) Major and Minor development_ For the purposes of this section, major and minor development standards shall be applied as noted in the following table: 31 Review Type by Use and Zoning District g _ Modification District Use Construction Contributing Structures Contributing Structures Under 25% Over 25% Under 25% Over 25% CBD&CF Multi-Family Minor Minor Minor Minor Minor Non-Residential Minor Minor Minor Minor Minor R-1-A,R-1- Single Major Minor Major Minor Major AA, RO, Family/Duplex OSSHAD, Multi-Family Major Minor Major Minor Major RL,&RM, Non-Residential Major Minor Major Minor Major Notes: 1. All development on individually designated properties in all zoning districts is Minor 2. All development on properties in the OSSHAD district which are subject to CBD regulations pursuant to Section 4.4.24(B) (12) is Minor. (a) For the purposes of this section, "residential" includes single family, duplexes and multifamily in all historic districts and all development, regardless of use, in the Residential Office (RO) zoning district. (b) Major development shall be considered: 1. New construction in all historic districts except CBD and CF zoned properties and propertiesene-d-OSSH D-subject to CBD designguidelines Development-Standards of Section 4.4.13(F);or, 2. The construction, reconstruction, or alteration of a building in excess of twenty-five percent (25%) of the existing floor area of the building, and all appurtenances, except for properties zoned CBD,er CF,and properties zoncd or OSSHAD, subject to CBD design guidelines Development Standards of Section 4.4.13(F). For the purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008; or, 3. The construction, reconstruction, or alteration of any part of the front facade of an existing contributing residential or non-residential structure and all appurtenances, except for properties zoned CBD,er CF,and properties zoned or OSSHAD, subject to CBD design guidclinco Development Standards of Section 4.4.13(F). For purposes of this section, all limitations and regulations' sha11 be reviewed in a cumulative manner from the date of pa3sagc (c) Minor development shall be considered: 32 1. New construction in all historic districts on property zoned CBD, and CF,as well as all properties in thc or OSSHAD zoned district subject to the CBD design guidelines Development Standards of Section 4.4.13(F);or, 2. l Modifications to existing contributing and noncontributing structures in all historic districts on property zoned CBD, and CF., as well as all properties in thc or OSSHAD zoned district subject to the CBD design guidelines Development Standards of Section 4.4.13(F); or, 3. The construction, reconstruction, or alteration of any part of the front facade of an existing noncontributing residential or non-residential structures and all appurtenances; or, 4. The construction, reconstruction, or alteration of less than twenty-five percent (25%) of the existing floor area of the building and all appurtenances. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008. 5. Any changes to Individually Historically Designated properties, whether already on site or newly designated, to help facilitate the move of a historic structure into a historic district. (3) Buildings,-Structures, AFpuitenanc-es-and-Parking- , -tares, appurtenances and parking shall only be moved,reconstructed, altered, or maintained,in accordance with this chapter,in a manner that will preserve the historical and architectural character of the building, structure, site, or district: (a) Appurtenances: Appurtenances include, but are not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, signs,and accessory structures. 1. Fences and Walls:The provisions of Section 4.6.5 shall apply, except as modified below: a. Chain-link fences are discouraged. When permitted, chain-link fences shall be clad in a green or black vinyl and shall only he used in rear yardsTef where they are not visible from the a public right of waystrect, even when screened by a hedge or other landscaping. • b. Swimming pool fences shall be designed in a manner that integrates the layout with the lot and structures without exhibiting a utilitarian or stand-alone appearance. c. Fences and walls over four feet (4') shall not be allowed in front or side street setbacks. • 33 • d. Non-historic and/or synthetic materials are discouraged, particularly when visible from a public right of way. e. Decorative landscape features, including but not limited to, arbors, pergolas, and trellises shall not exceed a height of eight feet (8') within the front or side street setbacks. d 2. Garages and Carports: a. The following compatibility standards shall apply for major development, where applicable: ii. Garage doors should be designed to he compatible-with the architectural style of the principal structure and include individual openings for vehicles rather a. Garages and carports are encouraged to be oriented so that they may be accessed from the side or rear and out of view from a public right of way. b. The orientation of garages and carports shall be consistent with the historic development pattern of structures of a similar architectural style within the district. c. The enclosure of carports is discouraged. When permitted, the enclosure of the carport should maintain the original details, associated with the carport, such as decorative posts, columns,roof planes, and other features. d. Garage doors shall be designed to be compatible with the architectural style of the principal structure and should include individual openings for vehicles rather than two car expanses of doors. Metal two car garage doors are discouraged. (b) Parking: 1. Where feasible, alternative methoda of meeting minimum-parking standards contained in Sections 4.6.9(C)(8) and/or 1.6.9CE), as applicable, shall be explored to avoid excessive use of his parking. Parking lets areas shall strive to contribute to the historic nature of the 34 properties/districts in which they are located by use of creative design and landscape elements to buffer parking areas from adjacent historic structures. At a minimum, the following options criteria shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the a public right-of-way with fencing, landscaping, or a combination of the two pursuant to Section 1.6.5. c. Utilize existing alleys to provide vehicular access to sites. d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically. e._ Use appropriate materials for driveways, such as concrete poured in ribbons. f. Avoid wide driveways and circular drives. Driveway type and design should convey the historic character of the district and the property. 2. Where feasible, and appropriate, alternative methods of meeting minimum parking standards contained in Sections 4.6.9(C)(8) and/or 4.6.9(E), as applicable, shall be explored to avoid excessive use of historic properties and/or properties located in historic districts for parking. J b J iivui ui«imvci of parking spaces required in Section 1.6.9 upon presentation of confirmation that adequate keeping with thc provisions and intent of thc Delray B ach Historic Preservation Design Guidelines. 3. In accordance with Section 4.6.9(F)(1), the Historic Preservation Board may reduce the parking requirement when, upon receipt and special documentation, it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use. (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. (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. (6) Relocation. 35 (a) Relocation of a historic buildings and or structures, whether contributing, non-contributing, or individually designated, to other another sites shall not take place unless it is shown that their preservation on the existing or original sites is not consistent with the following: 1. it is shown that preservation on their existing or original site would cause undue economic hardship to the property owner in accordance with the definition of undue economic hardship found in Section 4.5.1 (H); or, 2. a building permit has been issued for the Historic Preservation Board approved redevelopment. (b) All structures approved for relocation and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at time of application. (7) Demolition. Demolition of historic or archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition of any structure, whether contributing or non- contributing, shall not occur until a building permit has been issued for the HPB approved redevelopment. All structures approved for demolition and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at time of application unless the Chief Building Official de er ' es a an unsafe building condition exists in accordance with Section 4.5.1(G). (8) Visual Compatibility Standards. New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property 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 Section with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1.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) below. Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site. (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with respect to the height of residential structures, as defined by 4.5.1(E)(2)(a), shall also be determined through application of the following: 1. Building Height Plane (BHP): The building height plane technique sets back the overall height of a building from the front property line. 36 a. The building height plane line is extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established at a two to one (2:1) ratio. See illustration below. b. A structure relocated to a historic district or to an individually designated historic site shall be exempt from this requirement. 2. First Floor Maximum Height: Single-story or first floor limits shall be established by: a. Single story or first floor limits shall be established by: i:a. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). ib. Mean Roof Height shall not exceed eighteen feet (18'). If Aany portion of the building exceeding exceeds the dimensions described in i. and ii., a. and b. above, the building shall be considered a multi-story structures. id.See illustration below: v-e. Sections i. and ii., a. and b. above may be waived by the Historic Preservation Board when appropriate,based on the architectural style of the building. 3. Upper Story Height(s): Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12'). or bond) shall not exceed twelve feet (12'). (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. 37 (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development,with particular attention paid to the front facades. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. (f) Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. (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. (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. (i) Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. (j) Scale of a Building: The size of a building and the building mass in relation to open spaces,windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. To determine whether the scale of a building is appropriate, the following shall apply for major development only: 1. For buildings wider than sixty percent (60%) of the lot width, a portion of the front facade must be setback a minimum of seven (7) additional feet from the front setback line: a. Lots sixty-five (65) feet or less in width are exempt from this requirement. b. To calculate how much of the building width must comply with this provision, multiply the lot width by 40% and subtract the required minimum side setbacks (example: 100'lot width x 40% = 40' - 15' side yard setbacks = 25'). 38 c. Any part or parts of the front facade may be used to meet this requirement. d. See illustration below: e. If the entire building is set back an additional seven (7) feet, no offset is required. 2. For buildings deeper than fifty percent (50%) of the lot depth, a portion of each side facade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line: a. To calculate how much of the building depth must comply with this provision, multiply the lot depth by fifty percent (50%) and subtract the required minimum front and rear setbacks (example: 120' lot depth x 50% = 60' - 25' front yard setback- 10'rear setback = 25'). b. Any part or parts of the side facades may be used to meet this requirement. c. See illustration below: d. If the entire building is set back an additional five (5) feet from the side, no offsets are required on that side. 3. Porches may be placed in the offset portion of the front or side facades, provided they are completely open except for supporting columns and/or railings. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character,whether vertical or horizontal. (1) Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. (m) Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts.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. 39 • 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. (9) Visual Compatibility Incentives. In order to provide design flexibility for residential structures, as defined by LDR Section 4.5.1(E)(2)(a), that otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1(E)(8),incentives for development shall include the following: (a) Open Air Spaces: The ratio of the Building Height Plane (BHP) can increase from two to one (2:1) to two to one and a half(2:1.5) for open air spaces limited to: first or second floor front porches (separation must be provided between floors), first or second floor side porches (separation must be provided between floors), balconies, and overlooks with open railings (see illustration below); and (b) Front Elevation: Up to twenty hve percent (25%) of the front elevations) can extend above the Building Height Plane (BHP) to a maximum height of thirty five feet (35'), provided twenty five percent (25%) or more of the front elevation(s) remains one (1) story as defined by LDR Section 4.5.1 (E)(8)(a)(2). The total width of extension shall not exceed eighteen feet (18') along the front elevation(s). See illustration below. Section 11. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections (I), Historic Preservation Board to Act on Applications Other than Certificates of Appropriateness", (j), "Historic Preservation Board to Act on Variance Requests", (K), "Designation of Historic Sites", (L), "Designation of Historic Districts", (M), "Tax Exemption for Historic Properties", (N), "Criteria for Change of Historic Designation and/or Classification", and (0), "Procedures for Change of Historic Designation and/or Classification", shall be repealed in their entirety and new Subsections (I), Local Register of Historic Places", (j), "Tax Exemption for Historic Properties", (K), "Criteria for Change of Historic Designation and/or Classification", (L), "Procedures for Change of Historic Designation and/or Classification", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be enacted to read as follows: (I) Local Register of Historic Places: The following Historic Districts, Sites, and/or Buildings are hereby affirmed or established: 40 • (1) NASSAU PARK HISTORIC DISTRICT which consists of Lots 2-19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; Lots 1-12 of Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book 21, page 95 of Palm Beach County, Florida. (Original designation by Ordinance 97-87 adopted on January 12, 1988) (2) OLD SCHOOL SQUARE HISTORIC DISTRICT which consists of the south one-half of Block 57 and Blocks 58-62, Blocks 65-70, the west half of Blocks 74 and 75, and Lots 1-6 of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records. (Original designation by Ordinance 1-88 adopted on February 9, 1988). (3) DEL-IDA PARK HISTORIC DISTRICT which consists of Blocks 1 through 13, inclusive, along with Tracts A, B, and C DEL-IDA PARK, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 9 at Page 62 (Original designation by Ordinance 9-88 adopted on March 22, 1988) (4) SUNDY FEED STORE,located on the South 85 feet of the North 153 feet of Lot 1, Block 84, Delray Beach, Palm Beach County. (Original designation by Ordinance 102-88, August 23, 1988, Note: In 1991,the structure was relocated outside of the City of Delray Beach) (5) HISTORIC DEPOT SQUARE, located on a parcel of land lying in Section 18, Township 46 South, Range 43 East, City of Delray Beach (Original designation by Ordinance 119-88, October 11, 1988) (6) MARINA HISTORIC DISTRICT which consists of Lots 1 to 11, inclusive, Lots 22 to 66, inclusive and Lots 83 to 93, inclusive, Palm Square, an unrecorded Plat located in Block 125 and Block 133 of the Town of Linton n/k/a Delray Beach (according to the plat thereof as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida); Together with Lots A, D, E and F, Riker Square, according to the Plat thereof, recorded in Plat Book 18, Page 74 of the Public Records of Palm Beach County, Florida;Together with all of Anchorage Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 3060, Page 369, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots B and C, Riker Square, according to the Plat thereof, recorded in Plat Book 18,Page 74 of the Public Records of Palm Beach County, Florida;Together with Lot 1 and Lots 5 to 12, inclusive, Resubdivision of Block 118, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with all of Sloan Hammock Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 9271, Page 258, of the Public records of Palm Beach County, Florida, said Condominium being located within Lots 2, 3 and 4, Resubdivision of Block 118,Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 2, Page 8 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 7, inclusive and Lots 13 to 24, inclusive, Resubdivision of Block 126, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 11, Page 4 of the Public Records of Palm Beach County, Florida; Together with the South 50 feet of the North 176 feet of the West 165 feet of Block 126,Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1,Page 3 of the Public Records of Palm Beach County, Florida;Together with Lots 1 to 8,inclusive, and Tracts A and B, 41 Marine Bay, according to the Plat thereof, recorded in Plat Book 89, Page 162 of the Public Records of Palm Beach County, Florida; Together with all of Block 134 lying West of Intracoastal Waterway, Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; Together with Lots 13 to 24, inclusive (less South 15 feet SE 3rd Street and North 15 feet SE 2nd Street R/WS, Gracey-Byrd Subdivision, according to the Plat thereof, as recorded in Plat Book 10, Page 52 of the Public Records of Palm Beach Countv.Florida;Together with Lots A to E,inclusive, The Moorings, according to the Plat thereof, as recorded in Plat Book 20, Page 27 of the Public Records of Palm Beach County, Florida; Together with the North 1/2 of the South 1/2 of Block 127 (less the North 64 feet thereof, & the West 20 feet SE 7th Avenue R/W), Town of Linton n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; together with Lots 1 and 2, Stone Hedge, according to the Plat thereof, as recorded in Plat Book 58, Page 176 of the Public Records of Palm Beach County, Florida; Together with Lots 23 and 24, and the East 8 feet of abandoned alley lying west of and adjacent thereto,Block 120,Blank-Nichols Subdivision,according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida; Together with Lots 1 to 3, inclusive, and the North 20 feet of Lot 4,Block 128, Blank-Nichols Subdivision, according to the Plat thereof, as recorded in Plat Book 13, Page 28 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 156-88 adopted on December 20, 1988; Amended by Ordinance 38-07, February 2, 2008;Amended by Ordinance 10-09,March 17,2009) (7) THE KOCH HOUSE, 777 North Ocean Boulevard. Palm Beach Shore Acres, Lot 21, Block D,Delray Beach,Palm Beach County. (Original Designation by Ordinance 162-88,January 10, 1989.) (8) SITE OF SCHOOL NO. 4 DELRAY COLORED, located on Block 28, Lot 2, N.W. 5th Avenue. (Original designation by Ordinance 16-89,April 11, 1989) (9) GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH, 40 N.W. 4th Avenue, located on Lot 7,Block 28,Delray Beach. (Original designation by Ordinance 17-89,April 11, 1989) (10) ST. PAUL AFRICAN METHODIST EPISCOPAL CHURCH, 119 N.W. 5th Avenue, located on Lot 5,Block 27, Delray Beach (Original designation by Ordinance 18-89,April 11, 1989) (11) THE FREE AND ACCEPTED MASONS OF DELRAY BEACH LODGE 275, 85 N.W. 5th Avenue, located on Lot 1, Block 28, Delray Beach (Original designation by Ordinance 19-89, April 11, 1989) (12) ST. MATTHEW EPISCOPAL CHURCH, 404 S.W. 3rd Street, located on Lot 1, Block 32, Delray Beach (Original designation by Ordinance 20-89,April 11, 1989) (13) FONTAINE FOX HOUSE, 610 N. Ocean Boulevard, located on the South Half of Lot 4 lying West of State Road A1A, (less the West 435.5 feet thereof, less the West 25 feet thereof for road Right- of-way), that part of the South 10 feet of Lot 3 and the North Half of Lot 4 lying West of State Road AlA (less the West 25 feet thereof for road Right-of-way), and Lot 3 (less the South 10 feet thereof, less the West 25 feet- thereof for road Right-of-way) (less Right-of-way of State Road A1A, missing from original description) of•- 42 Block E, Revised Plat of Blocks D and E, Palm Beach Shore Acres, Delray Beach,Palm Beach County, Florida as Recorded in Plat Book 7, Page 38, of the Public Records of Palm Beach County, Florida. And that part of the South 10 feet of Lot 3 lying East of the Right-of-way of State Road A1A. (Original designation by Ordinance 70-89, October 24, 1989;Amended by Ordinance 43-11, December 6, 2011.) (14) THE SCOTT HOUSE, 19 Andrews Avenue,located on the North 50 feet of the West 110 feet of the South 100 feet, less the West 10 feet of the Beach Lot 15, Subdivision of the Fractional East Half of Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 17-90,May 22, 1990). (15) THE COLONY HOTEL AND THE COLONY HOTEL NORTH ANNEX, located on the South 12 feet of Lot 18, Alley South of Lot 18, East 25 feet of Lot 21 and Lots 22, 23, 24 and 25, Inclusive, Block 108. And Lots 5, 6 and 7, Less 5 foot Road R/W, Block 108, Town of Delray, with the designation pertaining to the buildings only and not the grounds. (Original designation by Ordinance 22-91, March 26, 1991) (16) MILTON-MYERS POST NO. 65, THE AMERICAN LEGION OF THE UNITED STATES, 263 N.E. 5th Avenue, located on Lots 5, 14 and 15, Block 106, Delray Beach, formerly Town of Linton,Palm Beach County, Florida. (Original designation by Ordinance 68-94, October 18, 1994.) (17) SOLOMON D. SPADY HOUSE, 170 N.W. 5th Avenue, located on Lots 5, 6 and the north 26.25 feet of Lot 7, Block 19, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Or ance S-95, February 7, 1 5.) (18) THE SUSAN WILLIAMS HOUSE, located at 154 N.W. 5th Avenue, Delray Beach, Florida; more particularly described as follows: south 12 feet of Lot 7 and Lot 8, Melvin S. Burd Subdivision, as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida (154 N.W. 5th Avenue). (Original designation by Ordinance 09-95, February 7, 1995; amended by Ordinance 29-02,July 16, 2002.) (19) THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block 60, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 27-95,June 6, 1995.) (20) THE HISTORIC BUNGALOW, 24 North Swinton Avenue, located south 50 feet of Lot 11, Block 60, Defray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 28-95,June 6, 1995.) (21) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lots 12, 13, and 14, Block 117, Delray Beach, formerly Town of Linton, Palm Beach County, Florida. (Original designation by Ordinance 29-95,June 6, 1995.) 43 (22) THE SANDOWAY HOUSE, 142 South Ocean Boulevard. Beach Lots Delray, the South 73 feet of the North 100 feet of Lot 24, less the West 355 feet, as recorded in Plat Book 1, Page 25, of the Public Records of Palm Beach County,Florida. (Original designation by Ordinance 57-96, December 3, 1996.) (23) WEST SETTLERS HISTORIC DISTRICT is bounded on the north by Martin Luther King, Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street and the east-west alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd Avenue and the alley in Block 43;the east-west alley in Block 36 and Block 28 and the south property line of Lot 13, Block 20. The western boundary is the north-south alley and the eastern one-half (1/2) of the block south of the alley of Block 19; the north-south alley in the north half of Block 20. (Original designation by Ordinance 6-97, February 18, 1997; Amended by Ordinance 38-07, February 5, 2008). (24) THE TRINITY EVANGELICAL LUTHERAN CHURCH CHAPEL, located on a portion of the Trinity Evangelical Lutheran Church property at 400 North Swinton Avenue, Delray Beach, Florida; more particularly described as the East 1/z of Lot 12, Section 8-46-43, Delray Beach, Palm Beach County, Florida. The chapel is the only building in the church complex receiving an historic designation. The church complex is located at the northwest corner of Lake Ida Road and Swinton Avenue. (Original designation by Ordinance 26-97,July 1, 1997.) (25) THE TURNER HOUSE, located at 145 N.E. 6th Avenue, Delray Beach, Florida; more particularly described as the South 27.6 feet of Lot 5, less the West 5 feet SR R/W,Lots 6 & 7, less the West 5 feet SR R-/W,of B oc , as recor e in Plat Boltage o e Pufilic Records of Palm Beachoun , Florida. (Original designation by Ordinance 46-97,November 18, 1997.) (26) THE PRICE HOUSE, located at 1109 Sea Spray Avenue, Delray Beach, Florida; more particularly described as Lot 11, Sea Spray Estates, as recorded in Plat Book 21 at Page 15 of the Public Records of Palm Beach County,Florida. (Original designation by Ordinance 12-98, March 3, 1998.) (27) THE FELLOWSHIP HALL OF THE FIRST PRESBYTERIAN CHURCH OF DELRAY BEACH, located at 36 Bronson Street, Delray Beach, Florida; more particularly described as Lots 16, 17, 18 and 19, Block 3, Ocean Park Subdivision, as recorded in Plat Book 5 at Page 15 of the Public Records of Palm Beach County,Florida. (Original designation by Ordinance 46-99,November 16, 1999.) (28) THE ATLANTIC AVENUE BRIDGE (State Structure #930864), located at East Atlantic Avenue and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 18-00,August 15, 2000) (29) THE GEORGE BUSH BOULEVARD BRIDGE, formerly known as the N.E. 8th Street Bridge, (State Structure #930026), located at George Bush Boulevard and the Intracoastal Waterway in the City of Delray Beach, Palm Beach County, Florida. (Original designation by Ordinance 19-00, August 15, 2000.) 44 • (30) THE WATER HOUSE, located at 916 and 918 Northeast 5th Street, Delray Beach, Florida; more particularly described as the West 84.82 feet of Lot 37, Las Palmas, Delray Beach, Florida, according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 10 at Page 68. (Original designation by Ordinance 15-01, February 20, 2001.) (31) THE O'NEAL HOUSE, located at 910 N.E. 2nd Avenue, Delray Beach, Florida, more particularly described as follows: Lots 1, 2, 3, 28 and 29, Block 10, Dell Park, Delray Beach, Palm Beach County, Florida, according to the Plat thereof, recorded in Plat Book 8 at Page 56 of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 27-02,July 16, 2002.) (32) THE AMELUNG HOUSE, located at 102 NE 12th Street, Delray Beach, Florida, more particularly described as follows: Lot 9, Block 6, Dell Park, according to the Plat recorded in Plat Book 8, Page 56, recorded in the Public Records of Palm Beach County, Florida; said land situate, lying and being in Palm Beach County, Florida. (Original designation by Ordinance 25-03,August 19, 2003.) (33) THE DEWITT ESTATE, located at 1110 North Swinton Avenue, Delray Beach, Florida, more particularly described as the East 365.69 feet of Lot 8 (less the West 40.00 feet of the South 20.00 feet of said East 365.69 feet of Lot 8) Subdivision of South half of East half of Lot 8, Section 8, Township 46 South, Range 43 East, according to the Plat thereof, as recorded in Plat Book 16, Page 80, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 71-04,January 4, 2005.) (34) THE HARTMAN HOUSE, located at 302 N.E. 7th Avenue, Delray Beach, Florida, more p ilhed as-foliows: Lots 13 and-14, Block---1-13, Highland ark according to the map or plat thereof as recorded in Plat Book 2, Page 79, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 26-05,May 3, 2005.) (35) THE SEWELL C. BIGGS HOUSE, located at 212 Seabreeze Avenue, Delray Beach, Florida, more particularly described as follows: Lot 21 and the West 35 feet of Lot 22, Delray Beach Esplanade, according to the plat thereof, as recorded in Plat Book 18, Page 39, Public Records of Palm Beach County, Florida. (Original designation by Ordinance 50-05,July 19, 2005.) (36) THE HARVEL HOUSE, located at 182 NW 5th Avenue, Delray Beach, Florida, more particularly described as follows: Lots 2 and south five feet of Lot 1, Melvin S. Burd Subdivision, according to the map or plat thereof as recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida. (Original designation by Ordinance 16-10,July 20, 2010.) Q) Tax Exemption for Historic Properties: A tax exemption is available for improvements to qualifying contributing properties in a designated historic district or individually designated properties, as listed in Section 4.5.1(I). Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach on one hundred percent (100%) of the increase in assessed value resulting from any HPB approved renovation, restoration, rehabilitation, or other improvements of the qualifying property made on or after the effective date of the original passing of Ordinance 50-96 on November 19, 1996. 45 • (1) The exemption does not apply to: (a) Taxes levied for payment of bonds; (b) Taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12, Article 7 of the Florida Constitution; or (c) Personal property. (2) Duration of Tax Exemption: The exemption period shall be for ten (10) years, unless a lesser term is set by the City Commission. (a) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of the City to authorize such exemption or change in ownership of the property. (b) To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was authorized. (3) Effective Date of Exemption: The effective date of the tax exemption shall be January 1 of the year following the year in which a historic preservation exemption covenant is recorded and a copy of the Final ca on an reso u ono e i ommission as approve have been transmitted the TPffirBeach County Property Appraiser. (4) Qualifying Properties: Real property located within the City qualifies for the Historic Property Tax Exemption if, at the time the exemption is approved by the City Commission,the property: (a) is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended; or, (b) is a contributing property within a district listed on the National Register of Historic Places or, (c) is a contributing property within a locally designated historic district or is individually designated and listed on the Local Register of Historic Places; and, (d) has been certified by the Historic Preservation Board as satisfying (a), (b), or (c). (5) Qualifying Improvements: Improvements to a qualifying property for an exemption, the improvement must: 46 • (a) be consistent with the United States Secretary of the Interior's Standards for Rehabilitation, as amended;and (b) be a constructed and/or installed improvement as approved by the Historic Preservation Board and as established in rules adopted by the Department of State, Division of Historical Resources, FAC 1A-38, as amended which defines real property improvements as changes in the condition of real property brought about by the expenditure of labor and money for the restoration, renovation, or rehabilitation of such property. Improvements shall include, but are not limited to: modifications, repairs, or additions to the principal contributing building and its associated accessory structures (i.e. a garage, cabana, guest cottage, storage/utility structures, swimmin. pools), whether existing or new. The exemption does not apply to improvements made to non-contributing principal buildings, existing non-contributing accessory structures.. or undesignated structures and/or properties;and, (c) be consistent with Section 4.5.1(E), "Development Standards", of the City's Land Development Regulations; and (d) include, as part of the overall project, visible improvements to the exterior of the structure. (6) Evaluation of Property Used for Government or Nonprofit Purposes: (a) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is being used for government or nonprofit purposes if the sole occupant of at least 65 percent of the useable space is an agency of the federal, state or a local government unit or a nonprofit organization certified by the Department of State under Section 617.0301, Florida Statutes. (b) For purposes of the exemption under Section 196.1998, Florida Statutes, a property is considered regularly and frequently open to the public if public access to the property is provided not less than 12 days a year on an equitably spaced basis, and at other times by appointment. Nothing herein shall prohibit the owner from charging a reasonable nondiscriminatory admission fee, comparable to fees charged at similar facilities in the area. (7) Application for Exemption: Any property owner, or the authorized agent of the owner, that desires an ad valorem tax exemption for the improvement of a historic property must submit a Historic Property Tax Exemption Application to the Planning and Zoning Department upon completion of the qualifying improvements. (a) The application shall indicate the estimated cost of the total project, the estimated cost attributed solely to the historic structure, and project completion date as determined by the Certificate of Occupancy issued by the Building Department. 47 • (b) The Historic Property Tax Exemption Application shall be accompanied by a copy of the most recent tax bill from the Palm Beach County Property Appraiser for the property; a new property survey illustrating the improvements; a copy of the building permit application indicating estimated project cost; a copy of the Certificate of Occupancy/Final Inspection; and photographs illustrating the before and after of each improvement, including both the interior, exterior, and all new construction. The photographs shall be identified with a date and description indicating the impact of the improvement. (c) The application must be submitted within three (3) months from the date of issuance of a Certificate of Occupancy. (d) The Historic Preservation Planner will inspect the completed work to verify such compliance prior to Historic Preservation Board review. a. If the Historic Preservation Board determines that the work is a qualifying improvement and is in compliance with the approved plans and the review standards contained in Section 4.5.1(E), the Board shall recommend that the City Commission grant the Historic Property Tax Exemption Application. b. Upon a recommendation of approval of a Historic Property Tax Exemption Application by the Historic Preservation Board, the application shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission a ov' g e a -ca 'on s prov' e e name of the owner of the proper yf the property address and legal description, a recorded restrictive covenant in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of the exemption,including the expiration date. c. If the Historic Preservation Board determines that the work as completed is either not consistent with the approved plans or is not in compliance with the review standards contained in Section 4.5.1(E), the applicant shall be advised that the request has been denied. (8) Historic Preservation Exemption Covenant: (a) To qualify for an exemption, the applicant must sign and return the Historic Preservation Exemption Covenant. The covenant as established by the Department of State, Division of Historical Resources, shall be in a form approved by the" City of Delray Beach City Attorney's Office and applicable for the term for which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained durin• the period that the exemption is authorized. (b) On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a 48 • certified copy of the recorded covenant to be delivered to the City's Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall result in the property owner being subject to the payment of the differences between the total amount of the taxes which would have been due in March of each of the previous years in which the covenant or agreement was in effect had the property not received the exemption and the total amount of taxes actually paid in those years, plus interest on the difference calculated as provided in Sec. 212.12(3), Florida Statutes. (9) Notice of Approval to the Property Appraiser: (a) Upon the receipt of a certified copy of the recorded restrictive covenant by the Historic Preservation Planner, the Planner shall transmit a copy of the approved Final Application/Request for Review of Completed Work, the exemption covenant and the resolution of the City Commission approving the Final Application and authorizing the tax exemption to the Palm Beach County Property Appraiser. (b) The resolution approving an historic tax exemption must be filed with the Palm Beach County Property Appraiser on or before January 1st of the year in which an exemption is requested. Therefore, the Final Application/Request for Review of Completed Work must be submitted no later than November 1st of the year the work was completed in order to process the application for both the Historic Preservation Board and City Commission approvals.ap-prcrf the Final Application/Requestor Review of Completed W is not submitted by November if of the year the work was completed, the abatement will not take effect until the following year of the date of submittal. (10) Revocation Proceedings: (a) The Historic Preservation Board may initiate proceedings to revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the terms, conditions and standards of the Historic Preservation Exemption Covenant. (b) The Historic Preservation Planner shall provide notice to the current owner of record of the property and the Historic Preservation Board shall hold a revocation hearing and make a recommendation to the City Commission. (c) The City Commission shall review the recommendation of the Historic Preservation Board and make a determination as to whether the tax exemption shall be revoked. Should the City Commission determine that the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 8 of the covenant shall be provided to the owner, the Palm Beach County Property Appraiser, and filed in the official records of Palm Beach County. 49 • (d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser shall discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation. (K) Criteria for Change of Historic Designation and/or Classification: (1) A survey of all historic districts may be conducted by the City every five (5) years. The survey report may recommend changes to the historic designation and/or classification of properties located within or immediately adjacent to a designated historic district. (a) Change of Historic Designation through Removal from a Historic District: If a survey report reveals that a part of a historic district that touches the edge of the boundary of the historic district at the time of the original designation of that district has had its historic integrity irreversibly compromised due to inappropriate development then the offending part of the district may be removed and the boundary lines of the historic district revised to reflect the removal in accordance with LDR Section 4.5.1(0). 1. If a property owner within the part of the district seeking removal from the historic district desires to retain the historic designation for their property, then they may apply to individually designate their property pursuant to LDR Sections 4.5.1(B) and (C). If a property has received a tax exemption pursuant to LDR Section 4.5.1(M) as a contributing structure within a historic district but does not qualify for individual designation, then the part of thedistrict seeking to be removed from the district which includes said property may not be removed until the tax exemption expires pursuant to LDR Section 4.5.1(M)(3). (b) Criteria for Change of Historic Classification: If a City-initiated survey conducted within the last five (5) years reveals that a property within a historic district should be reclassified as either contributing or non-contributing, then the classification may be revised in accordance with LDR Section 4.5.1(0) and shall be determined as follows: 1. The survey report recommends the inclusion of an additional "Period of Significance", which would reclassify properties from non-contributing to contributing;; or 2. The survey report recommends that a property or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic integrity of the structure, which would reclassify the structure from contributing to non- contributing. (c) Change of Historic Designation through Expansion of a Historic District: The boundaries of a historic district may be expanded based upon the recommendation of a survey report. to include those properties recommended for inclusion within the district in 50 accordance with LDR Section 4.5.1(0), or a new historic district may be created to include those identified properties in accordance with LDR Section 4.5.1(C). (L) Procedures for Change of Historic Designation and/or Classification. (1) Procedures for Change of Historic Designation through Removal from or Expansion of a Historic District: Applications shall be made to the Historic Preservation Board and may be initiated by written request of: (a) The Historic Preservation Board based upon the recommendations of a survey report completed within five (5) years prior to the application; or (b) The City Commission based upon the recommendations of a survey report completed within five (5) years prior to the application;or (c) Any owner(s) of a property to be removed or added based upon the recommendation of a City-initiated survey completed within twelve (12) months or less prior to application. Applications submitted by property owners shall include: 1. photographs and addresses of all properties that will be either removed from or added to the historic district; and,; signa es o a eas seven - ve percen o o e proper - owners that are located in the area that will be removed from or added to the historic district. (d) For the purposes of this section, completion date of the final survey report is determined by the date of acceptance by the Historic Preservation Board. (e) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4.5.1(N)(1). The Planning and Zoning Director or his/her designee shall then prepare a report which shall contain the following: 1. Proposed revised legal boundaries of the historic district; 2. Analysis of the historic significance and character of the property(ies) to be removed from or added to the historic district; and 3. A staff recommendation as to whether or not the properties should be removed due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or part of a district or whether or not the additional properties should be added to the historic district due to an increase in contributing structures adjacent to the district. 51 • (f) A public hearing shall be scheduled before the Historic Preservation Board. Notice of said hearing shall be made to the owner(s) of all properties within the subject historic district and the owner(s) of all properties within five hundred feet (500') of the affected properties at least ten (10) days prior to the hearing by regular mail. Additional notice shall be given in the same manner as provided for a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice published in the newspaper at least ten (10) days prior to the hearing, provided; however, posting pursuant to 2.4.2(B)(1)(b) is not required. (2) Procedures for Change of Historic Classification: Applications to change the historic classification of a property or properties within a historic district shall be made to the Historic Preservation Board and may be initiated by written request of: (a) The Historic Preservation Board based upon the recommendations of a City-initiated survey report completed within five (5) years prior to the application; or (b) The City Commission based upon the recommendations of a City-initiated survey report completed within five (5) years prior to the application; or (c) Any owner(s) of a property to be reclassified based upon the recommendation of a City- initiated survey report completed within twelve (12) months prior to the application. Applications submitted by property owners shall include: 1. photographs and addresses of all properties that will be reclassified as contributing or noncontributing;and 2. signatures of at least seventy-five percent (75%) of the owners whose properties are to be reclassified. (d) For the purposes of this section, completion date of the final survey report is determined by the date of acceptance by the Historic Preservation Board. (e) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4.5.1(N)(1). The Planning and Zoning Director or his/her designee shall then prepare a report which shall contain the following: i. Analysis of the properties to be reclassified; and ii. A staff recommendation as to whether or not the properties should be reclassified due to either: 52 • • 1. loss of historic integrity as a result of irreversible alterations to a contributing property., or • 2. inclusion of an additional "Period of Significance" per the survey report recommendations. (f) A public hearing shall be scheduled before the Historic Preservation Board. Notice of said hearing shall be made to the owner(s) of all properties within the subject historic district at least ten (10) days prior to the hearing by regular mail. (3) After conducting the public hearing, the Historic Preservation Board shall vote on the recommendation. A majority of the entire Board, present and voting,must act in the affirmative to approve the application. The decision of the Board, whether the application is approved or denied, shall then be transmitted to the City Commission. The City Commission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption procedures, except that if any property owner within the subject historic district seeking a change of historic designation and/or classification objects, the City Commission approval shall require a super majority vote of four (4) votes. Section 12. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 13. "1 ah t all oicr mances or parts of ordinances in conflict herewith shall be, and the same are hereby repealed. Section 14. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of ,2012. MAYOR A11l ST: City Clerk First Reading Second Reading • 53 4, HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Property Owners: Richard Gaetan Authorized Agent: Randall Stofft Architects; Carlos Linares Project Location: 116 NE 7th Street, Del-Ida Historic District HPB Meeting Date: May 16, 2012 File:2012-118-COA ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA), waiver request, and variance request associated with the construction of a two-story, single-family dwelling located at 116 NE 7th Street, Del-Ida Historic District, pursuant to LDR Section 2.4.6(H). Pursuant to LDR Section 2.2.6(D)(7), the Historic Preservation Board (HPB) shall act on all variance requests within a historic district or on a historic site, which otherwise would be acted upon by the Board of Adjustment. BACKGROUND & PROJECT DESCRIPTION The subject property, which consists of Lot 2, North Del-Ida Estates, is located at the southeast corner of NE 7th Street and NE 2nd Avenue, within the Del-Ida Park Historic District. The 11,264 square foot, vacant property is zoned R-1-AA (Single-Family Residential). The property previously contained a contributing one-story, single-family dwelling and detached, single-car garage. During its meeting of August 3, 2005, the Historic Preservation Board (HPB) reviewed and recommended approval for the demolition of the existing structures based on the fact that they appeared to have very little architectural or historical merit. The subject property was previously a part of six (6) non-conforming lots which have since been reconfigured and replatted into four (4) conforming lots. It is important to note that the plat included a "non-vehicular access line along the properties abutting NE 2nd Avenue, thereby requiring vehicular access for the corner properties to be taken either from NE 6th or 7th Streets. Dedication of additional right of way was not required for the adjacent rights of way which measure fifty feet (50') in width. In addition, the Staff report for the replat (reviewed at the HPB meeting of June 15, 2005) stressed that the layout and design of the four (4) proposed single family homes '....will be required to meet strict historic preservation design guidelines to ensure compatibility with respect to design and massing in relation to the surrounding area.' In September 2005, the applicant submitted the first proposals for two of the four properties (Lots 1 and 2). The COA request to construct a two story, single-family dwelling on the subject property (Lot 2) was revised several times due to concerns by both Staff and the Board primarily regarding the inappropriate scale and massing proposed at that time. The COA for Lot 2 was ultimately tabled at the request of the applicant during the HPB meeting of March 15, 2006. The applicant did not pursue further review and the request was ultimately withdrawn. 116-'! Str6et,Dekci:_. k:COA 2012-118 HP, Pi;;<ii?:',4r} 16. 2012 Fage2ofi? The subject request is for the new construction of a two story, single family residence. Due to the location of the property on a highly-visible corner, the primary elevation has been designed to face NE 2nd Avenue, as opposed to NE 7th Street, which is classified as the front of the property. The proposal consists of the following details: • Square Feet: 3,521 square feet (under air); 4,693 (total) o First Story: 2,567 (under air); 3,739 (total) • Non-Air Conditioned spaces: two-car garage/storage (755), covered patio (417) o Second Story: 954 (under air) • Materials: o Exterior- First Floor: Smooth Stucco; Second Floor: Hardi Siding o Roof: Standing Seam Metal o Windows: Aluminum, Impact Resistant o Shutters: Aluminum • Colors: o Stucco Siding: "Dover White" o Hardi Siding: "Blissful Blue" o Roof: Silver Weathered o Windows, Doors, Fascia, Trim, Columns, Railings, Fence: "Extra White" o Shutters: "Gale Force" An open balcony, which measures 9'6" wide, is located on the front (north) elevation facing NE 7th Street and extends out 4'. A covered balcony is located on the side street (east) elevation above the main entry facing NE 2nd Avenue. The hip roof is supported by square columns with beveled edges. A capped picket rail is proposed for each balcony. The proposed windows consist of either a 4/1 or 6/1 pattern accented either by louvered shutters or Bahama shutters. The front door, which is located on the east elevation facing NE 2nd Avenue, is slightly recessed from the wall plane, contains no lights and is decorative with two panels. The two- car garage, which is located on the north elevation facing NE 7th Street, consists of two individual, arched openings. A six foot high concrete block wall finished in smooth stucco is proposed around a portion of the perimeter of the property along the sides and rear. The wall steps down to 4' in height within the side street setback area and steps down further to 2'6" along NE 2nd Avenue and wraps around and along the property line on NE 7th Street. The pedestrian entry on NE 2nd Avenue is accented with 3' high piers, as is the vehicular entry on NE 7th Street. The proposed driveway, which measures 19' wide at its intersection with the sidewalk along NE 7th Street, is made of concrete with a salt-finish. Additional paving is provided at each side of the driveway. A swimming pool is included in the rear yard (10' from rear property line) which is surrounded by a patio finished with pavers. Landscaping improvements are located throughout the entire property, and consist of a variety of trees (Coconut Palm, Live Oak, Montgomery Palm) large shrubs and accents, as well as additional smaller shrubs and groundcovers. It should be noted that in 2011, the City was selected for a Transportation Enhancement Project grant from Florida Department of Transportation to fund a beautification project along NE 2nd Avenue between NE 4th Street and George Bush Boulevard. The project, boundaries of which are limited to the Del-Ida Park Historic District, will provide decorative sidewalks and crosswalks, decorative street lighting for pedestrians, landscaping improvements, and a bicycle lane. The project is anticipated to begin in February 2013 with project planning and an anticipated completion date of August 2016. City Staff will notify and meet with the neighborhood when the project a 116 NE 7th Street, gal-I a Park;COA 2012-116 NPR ivleeti g P ay 16,2012 Page3of9 planning phase begins as it has not yet been determined how these improvements will be maintained (i.e. the adoption of a Neighborhood Improvement District, or by other means). The COA for the new construction of a single-family residence and associated appurtenances and improvements is now before the Board for consideration. ANALYSIS OF PROPOSAL Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. 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. Zoning and Use Review Pursuant to LDR Section 4.3.4(K), Development Standards, properties located within the R-1-AA zoning district shall be developed according to the requirements noted in the chart below. As illustrated, the proposal is in compliance with the applicable requirements. Requirement I Proposed Lot Coverage (Maximum) i N/A 33%,/' Setbacks: Front (North) 30' 19'6"/ Side Street (East) ; 15' Side Interior (West) I 10' i 10' - Rear (South) I 10' 1-- 24'7"' / Height (Maximum: Mean) 35' 25' .,/ *Proposed side street setback is twice the minimum distance required. STAFF COMMENT: As illustrated above, the proposed single-family residence meets the Development Standard requirements with the exception of the front setback, which is proposed at 19'6", whereas 30' is required. A variance to provide for this encroachment has been requested and is analyzed further in this report. Positive findings can be made with respect to the subject LDR requirement, subject to approval of the variance request. Historic Preservation Districts and Sites Pursuant to 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. 4.5.1(E)(2)(b)(2-3), Major and Minor Development: The subject application is considered "Major Development", as it is "the construction, reconstruction, or alteration of twenty-five percent (25%) of the existing floor area of the building," and "the alteration of any part of the front facade of an existing contributing residential structure." STAFF COMMENT: The proposed new construction classifies the subject request as "Major Development" and is reviewed as such throughout the report. 1 !v ,.=7th Street Dsi 1.+3 CO,I\2C12-i 18 I-1 M , 16, 20.2 P"J 4 ofG 4.5.1(E)(3)(b)1., Buildings, Structures, Appurtenances and Parking; Parking: Where feasible, alternative methods of meeting minimum parking standards shall be explored to avoid excessive use of historic properties and/or properties located in historic districts for parking. At a minimum, the following options shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the public right-of-way with fencing, landscaping, or a combination of the two pursuant to Section 4.6.5. d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically e. Use appropriate materials for driveways, such as concrete poured in ribbons. f. Avoid wide driveways and circular drives. STAFF COMMENT: The proposal includes a two car garage setback approximately 23' from the front (north) property line, and approximately 4' from the main wall plane of the structure facing NE 7th Street. The parking provided is adjacent to the building when utilizing the garage, or could be considered to be on the side of the building as the design has provided the more formal entry and elevation facing NE 2nd Avenue. For the aforenoted reasons, positive findings can be made. 4.5.1(E)(8) Visual Compatibility Standards. New construction within a designated historic district or on an individually designated property 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 Section. Visual compatibility for major development shall be determined by utilizing criteria below: The following criteria apply: (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility shall also be determined through application of the Building Height Plane (BHP). (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. (f) Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. • 116 NE 7th Street, Cei-ida Park:COA 2012-118 HiP3 Meeting May 16:2012 gage 5 of 9 (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. (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. (j) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. Lots 65' or less in width are exempt from the additional setback requirements along the front façade, and the proposed addition does not exceed 50% of the lot depth and therefore, the additional 5'setback along the side elevation is not required. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. (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. STAFF COMMENT/ANALYSIS: Overall, the proposal meets the aforenoted Visual Compatibility Standards with the inclusion of one and two story elements, the additional setback provided for the two-car garage from the foremost wall plane on NE 7th Street, and most importantly, the provision of a prominent, yet appropriate and compatible, façade along NE 2nd Avenue. The appropriateness and compatibility is complimented by the distance provided from the east property line, as 15' is the minimum required, yet a 30' setback is proposed. Further, the two-story elements have been strategically placed towards the front corner, yet broken up in mass, to alleviate an impact on the adjacent properties. In consideration of the scale and massing, it is important to note that the second story is significantly small in size, thereby alleviating an impact with additional upper story mass. However, both the primary and secondary two-story elements encroach into the required upper story setback area referred to the BHP (Building Height Plane) rule as the design intends to take advantage of a "Visual Compatibility Incentive" which is further reviewed and analyzed below. The exterior finish of the residence is a combination of stucco and hardiplank siding. It is preferred that one type of exterior finish be selected as the proposed combination is the most common finish for current proposals, thereby resulting in a lack of differentiation within new construction designs. While differing materials occurred in historic construction patterns, the differentiation most commonly came when a second story was added to an existing one-story structure, as opposed at the onset of construction. The overall design is simple while maintaining vernacular architectural details appropriate for the Del-Ida Park Historic District. As previously indicated, the proposal meets the intent of the review criteria above as an appropriately proposed new development has been designed. Based on the above, positive findings can be made with respect to the subject Sections indicated above. 1 1 E, HE 7th Stre,. ,lei-Ida Park, COP.2012-1 IS H pI„i;e l', 16,20I2 o-Pa .-_,c.c 9 Pursuant to LDR Section 4.5.1(E)(9)(b), Visual Compatibility Incentives: Front Elevations: In order to provide design flexibility for residential structures, that otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1(E)(8), incentives for development shall include that up to twenty five percent (25%) of the front elevation(s) can extend above the Building Height Plane (BHP) to a maximum height of thirty five feet (35'), provided twenty five percent (25%) or more of the front elevation(s) remains one (1) story as defined by LDR Section 4.5.1 (E)(8)(a)(2). The total width of extension shall not exceed eighteen feet (18) along the front elevation(s). See illustration below. qq L- 0- _ 1 ij 11 1 SIDE VIEW 1 I FRONT VIEW STAFF COMMENT: The proposal has utilized the subject "incentive" as indicated on the front (north) elevation. The primary two-story element measures 18' in width and encroaches into the BHP, as permitted and illustrated above. However, the secondary two-story element, which is setback an additional 11"', also encroaches into the BHP, thereby extending the width of encroachment to 31'6". A waiver to provide relief for this requirement has been requested and is analyzed below. Supplemental District Regulations Pursuant to LDR Section 4.6.9(C)(2), Parking Requirements for Residential Uses, two spaces per dwelling unit. Tandem parking may be used provided that in the Single Family (R-1 District) or RL District, no required parking space may be located in a required front or street side setback. STAFF COMMENT: The required parking has been provided outside within the defined setback area of 30', as the two car garage is situated at 23'4". A variance to reduce the setback to 19'6" has been submitted, thereby reducing the front setback. As a result, positive findings with respect to the subject LDR may be made, subject to approval of the variance request. LANDSCAPE REVIEW The submitted landscape plan has been reviewed by the City's Senior Landscape Planner for compliance with the LDR requirements of landscaping for single-family development. The proposal is deemed to be compliant with the exception of two requirements: 1. The proposed walls along NE 2nd Avenue and NE 7th Street are located on the property line, whereas they are required to be setback by 2' and screened with hedging measuring at least 2' in height at the time of planting. 2. An existing tree survey will be required at the time of permit submittal as a means of documenting the status of existing materials on site. Overall, the proposal will incorporate Florida native canopy trees and understory plantings such as Live Oak, Coco Plum, Ferns, and hollies. The design will complement the proposed new construction and significantly enhance the improvements along NE 2nd Avenue. • 116 HE 7:f.Stre: Del id:_Park, COA 2012-116 H 'C IYeai;-V may 16,2012 Page 7of0 VARIANCE ANALYSIS 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 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. In acting on such variance requests the Board may be guided by the following as an alternative to the criteria normally used by the Board of Adjustments: (1) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare; (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenances, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places; (c) Literal interpretation of the provisions of existing ordinances would alter the historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site; and, (d) The variance requested is the minimum necessary to preserve the historic character of a historic site or a historic district. Pursuant to Section 4.3.4(K), the required front yard setback is 30'0". The proposed new construction encroaches into the setback area as it is situated at 19'6", and steps back to 23'4". STAFF ANALYSIS In consideration of the request, it should be noted that the site is a corner lot, and the proposal respects the required front setback of 30' by placing it on the side-street adjacent to NE 2nd Avenue, in essence, reversing the front and side-street sides. In addition, the existing development pattern along NE 7th Street indicates that corner properties provide a side street setback along NE 7th Street while providing a front setback along the other side adjacent to a right of way. Further, the request is not to place the building on what would be a 15' side street setback; rather, it is providing a setback of 19'6" for the foremost two-story wall plane which is flanked by one-story portions setback to 23'4". In review of the criteria above, the variance can be supported in that granting of the request would not be contrary to the public interest as additional setback is provided along NE 2nd Avenue, which is a higher classified right of way, and the secondary side would become that which faces NE 7th Street. The special conditions and circumstances which exist are the location in the historic district and the intent to meet the regulations by providing the garage element on a side elevation while providing a primary elevation and main entry along NE 2nd Avenue. Literal interpretation of the regulations would require a significantly setback garage from NE 7th Street with front setback of 30', while the building would be permitted at 15' from NE 2nd Avenue, whereas 30' is being provided. The "flipping" of the setbacks provides the reasoning for the variance, as the variance would not be supported if the building were proposed 15' from NE 2nd Avenue, as the provision of a 30' setback is the minimum necessary to preserve the character of the district while providing a setback along NE 7th Street of 19'6". Given the above, Staff recommends approval on the variance request as positive findings can be made pursuant to LDR Section 4.5.1(J)(1). • 116 NE 7th Street, Del-Ida Par,:;COA 2012- 18 I -8 f:Aeeupg Way! 16,2012 Page 8ofE1 WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. STAFF COMMENT: The subject waiver request to LDR Section 4.5.1(E)(9)(b), Visual Compatibility Incentives: Front Elevations is to provide relief to the limitation of an 18' second-story to encroach into the BHP. The proposed width is 31'6". The primary two-story element meets the requirement as it measures 18' wide. The additional area which encroaches measures 13'6" wide and is setback an additional 11'. A one-story element is located below and forward of this secondary two-story element, yet remains approximately 4'6" setback from the foremost wall plane. In consideration of the waiver criteria above, the request may be supported in that the neighboring area will not be adversely affected due to the additional setback of the portion exceeding the 18' width requirement and the same waiver would be granted under similar circumstances on other property for another applicant or owner proposing a similar front setback, building size, lot coverage and other elements which contribute to a compatible scale and massing. Further, the breaks in the wall planes between the first and second stories assists the design in meeting the intent of the regulation which is to limit the impact of second-story massing on the historic streetscape. Based on the above, positive findings can be made. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Certificate of Appropriateness (2012-118) for 116 NE 7th Street, Del-Ida Park Historic District, based on positive findings with respect to the Comprehensive Plan, Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation subject to conditions. C. Deny the Certificate of Appropriateness (2012-118) for 116 NE 7th Street, Del-Ida Park Historic District, based upon a failure to make positive findings with respect to the Comprehensive Plan, 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. See above.) RECOMMENDATION Move approval of the Certificate of Appropriateness (2012-118) for 116 NE 7th Street, Del-Ida Park Historic District, based on positive findings with respect to the Comprehensive Plan, Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the ecretary of the Interio 's Standards for Rehabilitation subject to the following c nditio s: c ,AJ 1. That either cc o�.r-siding-be--used-throughout the structure;,"55��; iii-d-:7-44,1:q'� 2. That all mterials are indicated on at least one elevation; c�� 3. That the proposed wall is offset by 2' from the front and side-street property lines; 4. That a hedge at a minimum height of 2' be installed in front of the proposed wall; 5. That an existing tree survey documenting all existing trees on site be submitted with the building permit; and,V6. That all hardscape materials be indicated on the site and landscape plans. \, Variance: Front Setback (North): )41 Approve the variance to LDR Section 4.3.4(K) to reduce the front yard (north) setback to 19'6",In whereas 30'0" is required in association with the proposed new construction, based on positive V findings with respect to LDR Section 2.2.6(D). ?.. Waiver: LDR Section 4.5.1(E)(9)(b), Visual Compatibility Incentives: Front Elevations Recommend approval to the City Commission to increase the second story encroachment into the Building Height Plane to 32'3", whereas a maximum of 18' is permitted, based on positive findings with respect to LDR Section 2.4.7(B)(5). Report Prepared by:Amy E. Alvarez, Historic Preservation Planner Attachments: Waiver Justification Statement Variance Justification Statement Site Plan, Floor Plans, Elevations, Landscape Plans DELRAY BEACH NAPLES CARIBBEAN • I t h ii I RANDALL STOFFT ARCCTS distinctive inspirational architect are Wednesday,May 09,2012 To: City of Delray Beach Historic District review Waiver Request nt Re: North Del Ida Estates-Lot 2 Delray Beach,FL To whom it may concern; The purpose of this letter is to request a waiver to allow a partial section of the second floor to go over the height limitation set by the Historic Park Guidelines. Per Delray Beach Historic Guideline section 4.5.1(E)(9), 18'maximum width of the front façade may extend - above the Building Height Plane. We are requesting relief of a partial second floor section,which is setback 11'-0"from the front façade to extend beyond the Building height plane.The Architecture accomplishes the proper relief of the façade by stepping back sections of the first and second floor spaces. me ely an 1 . to , President RES.Carlos M.Linares 42 N.SWINTON AVE,SUITE 1 DELRAY BEACH,FLORIDA 33444 561-243-0799—PHONE 561-243-0299—FAX WWW.STOFFT.COM AA0003379 ------n J N.E. 10TH ST. N.E. 9TH ST. — 1 4i 1 N.W. 8TH ST. GEORGE BUSH BOULEVARD LJ W QP ,, m, �� Q_ Q N.E. 7TH ST. JP�O III 1 ca'.1.37-i- Red 1 N.W. 7TH ST. J, �OJ�c mil ... 1 ST. N.E. 6TH ST. L74t#/? `1141p111 P/6,,,,.,t-- •% li QI i, 7 o O N.E. 5TH TERR. in c; Li142 +01 I N.E. 5TH CT. i W C) Gam. z 1 .1L-Li kal ,6 N.E. 5TH ST. MININIMMII I �c-,01 .j 5. N NORTH DEL-I DA ESTATES SUBJECT PROPERTY _ LOT-2 \�4 ? 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MI • ga71 Z Coped,. � • n ; ^ ..v<i+.n.r...tree".,up., • • • !de: i• p❑ . cow n p+m"•u....xa r-----,DELRAY BEACH LANDSCAPE CALCULATIONS V ••••••••••••••••••� S^ , .., „ •"^"' EMU EMILY •♦ •• • ♦ 'natr9 ttiiYiil A. Mal:ova P .,,,,.. F' 4:'•• **• 1J . Q I.,.i....64,rr....04 +xe Wenirj ••••••••••� iiiiiiii i.lriiiiiii '�• C >o n. °'°"�°` ' NAIL 1• em' a ••••••••••••�I .uuom 1�,�1 .r x........ C/] ..p,.vb.e D•rc.vb, ,,, •v �i �. ••: �• PelsrecliAA-linosena seebpenOW Mon E./ Ian) V. Native emanation nu,. E•10 it 25.1 ES isEft. ..1:.iiiiiiiil• u . P. NAM.emsnillien (yam I.:.....,...�......r:.�,.�._..„..........................I _ ..I/. fetal wipe el tree.ewan......., ,1 �'nonii�!_9!llW.!}_____Ll lllA___JJll�11J_1 ��11 ; I� ` nv .> e°`�.,pr.nil.o.,�;v..t.m.‘w n��<.p..,., ^/ trews .. v� ■ .. 1 I Im , lap,rry.lr...wuw WI III . ."•.r.e.nEelme, r~;.b""°° •o.M.n,.,b ` : ��III�IYII�YI�I_��'•��IyYy C �, n D..b,....,r».rcor.n '✓ ca ` 1 .1.. II f o.r o l non.■..V/L��YI , I NOTES ,rr _..;Levi ''' ; y'., �� ,. ,p....,,...<.,..<,..mo........,...,n, V] O fi ��eMy •_�•� �s1. ..•�sr •.. ' .• at i• :.. '�a ow.DAM_ ek.,I.<......,<,.a.,,_., Iron ???-E---ttt ,n w 1 U• approved eater snow.DAM. b.pwn.e er wm.......n p.u. I 3 L• Q j �e p ..,.PA..a:;«rl� ':.:'nnae b:'w :::oo' ^•°,., plan (� n N y •r--1 N R. KAN Ent r F g0 0 04/06/12 aLlIgToT d OR-nu n rope.p v .� �� I'�''''' .b,0.1oLOI To .,.....t 1 ,71rr,p„wPACUCCOMPS IIrwl Landscape Plan • En,.EMS 1DMINE Ina teen PLANING.WPM DETAIL FEE Rart nn M..TAK pile..en PLASMA ASMA one.•oled.IDCOVEM RAMR.DPiAI. IN CONTAINER WINDS �f� LP 1 scale:1°=10'-0ll Michael J.Phillips • Landscape Architecture +m flouter 3Mn - Ulm..tl7l55t e pnpews9re AgeeMll'A}ii,LA.mm e IJ.�1 F{. 3 t akr y f< Ia tea,,, c/„. „- F , „...k, �/,,, � Montgomery , it' p Live � ;{i $i� Tfr" rm- �4r a�xy�+�t � �'� j fllirii __/ Palms :�u\\l� �/ -<'' • s Oak i0A yy.5 �t v1IL L,i, r - R0fi l I ,fU,riiii, l 1� ai�- 1i', a I �o montPalmgome y :� �i ii .�♦♦r��1 ' ■� II■ �� a \��,,,LLlve ■ ■' °° 4 • �r_ ■ Oak 11 II�i l 9 - . - - -- 3m'ht.wall — 30'ht..wall ith Street Elevation Q.) U N ,-c: . c/D N _ , I ' 1 1 12-- . 1 H 1;1 1 ! Th-„,ill r•-•.-4 CL).-cl I EHER 1nr ' ■■ r ,, in E �, o lel '❑.':::j ■JI11 NsI7U�' _ _� _ Montgomery f1- 4T1 vj4.14 Coconut Palms —p - .._.... - -- ...... �..,, ms ..\\ . y ,ifi. cz: 1Liiii IIIlaig o _ ////� i r. a N , it;� n ay Live `� 1tad tp1710,J, cs N •-- a� 1 tat F1! ! I► o Oak 1 flin.p o oOleander SMubs ■■I ' �M I■_ ' rtq�rQ Live��r■i�rI d.n aQ .\ Se tn a1 �, T r Oak IS�■ �1 �.�• ��, o Oak K.•.rz J �I 04/06/12 wa M 4'ht.wall 30'ht.wall "e'Le1e1' Elevations 2nd Avenue Elevation LP-2 scale:1/4"=P-0" 1Ics9Nt7 )-- Y VISUAL COMPATIBILITY STANDARDS 0( 1. Visual Compatibility Standards. New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property 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 Section with regard to height, width, mass, scale, façade, openings, rhythm, material, color, texture, roof shape, direction, lot coverage, and square footage, and other criteria set forth elsewhere in Section 4.5.1. 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) below. Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site. A. Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with respect to the height of residential structures, as defined by 4.5.1(E)(2)(a), shall also be determined through application of the following: (TJ Building Height Plane (BHP): The building height plane technique sets back the overall height of a building from the front property line. a. The building height plane line is extended at an inclined angle from the intersection of the front yard property lie and the average grade of the adjacent street along the lot frontage The inclined angle shall be established at a two to one (2:1) ratio. See illustration below. L'CN._ / i • / 'I / /---16 C -/ /.-- / BUILDING HEIGHT PLANE AT 2.1 RATIO 1 -b,_. A structure relocated to a historic district or to an individually designated historic site shall be exempt from this requirement. p2. First Floor Maximum Height: a. Single-story or first floor limits shall be established by: i. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). ii. Mean Roof Height shall not exceed eighteen feet(18'). i iii. Any portion exceeding the dimensions described in i. and ii above shall be considered multi-story structures. iv. See illustration below: 12 ROOF PITCH MAY VARY g N ROOF HT. x I ! TOP OF BEAM Q x Q io 7 "v \ t 1 F.F.E. v. Sections i. and ii., above may be waived by the Historic Preservation Board when appropriate, based on the architectural style of the building. Upper Story Height: YES NO a. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet(12'). Are the requirements for height met? 2 �\ YES NO / B.J Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. Are the requirements for front facade �� -)--- proportion met? Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. Are the requirements for proportion of openings 11 L, (windows and doors) proportion met? D. Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. Are the requirements for rhythm of solids to -7 `� voids met? �J E. Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. Are the requirements for rhythm of buildings on 7 0 streets met? 3 Rhythm of Entrance and/or Porch Projections: F. The relationshipCD of entrances and porch projections YES NO to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. Are the requirements for rhythm of entrance1-7 0 and/or porch projections met? 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. Are the requirements for relationship of / /'1 materials, texture, and color met? v CI-. Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. ( .-.- Are the requirements of roof shapes met? "7 l.' I. Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. Are the requirements of walls of continuity met? 4 Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development,To determine whether the scale of a building is appropriate, the following shall apply for major development only: 1. For buildings wider than sixty percent (60%) of the lot width, a portion of the front façade must be setback a minimum of seven (7) additional feet from the front setback line: a. Lots sixty-five (65) feet or less in width are exempt from this requirement. b. To calculate how much of the building width must comply with this provision, multiply the lot width by 40% and subtract the required minimum side setbacks (example: 100' lot width x 40% = 40' - 15' side yard setbacks =25'). c. Any part or parts of the front façade may be used to meet this requirement. d. See illustration below: 75 LOT 76 LOT 1 7�5 7.5' 7.5 75 60'BUILDING Br BUILDING 11 �: 4SI 15' 22.5 15' - 22.F a, 5 e. If the entire building is set back an additional seven (7) feet, no offset is required. 2. For buildings deeper than fifty percent (50%) of the lot depth, a portion of each side façade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line: a. To calculate how much of the building depth must comply with this provision, multiply the lot depth by fifty percent (50%) and subtract the required minimum front and rear setbacks (example: 120' lot depth x 50%=60' - 25' front yard setback - 10' rear setback=25'). b. Any part or parts of the side façades may be used to meet this requirement. c. See illustration below: 75'LOT r I b 7B LOT I o to a I. g to 7.5'5' 50' 5'7.5' to 7.51 s 50' s 7.5' N d. If the entire building is set back an additional five (5) feet from the side, no offsets are required on that side. 6 YES NO 3. Porches may be placed in the offset portion of the front or side façades, provided they are completely open except for supporting columns and/or railings. Are the requirements for the scale of a 1/9 building met?K. Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. Is the directional expression requirement for the --7 0 front elevation met?0L. Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. Is the requirement for the architectural style 0met? M. Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts. 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. Is this requirement met? 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. Is this requirement met? 7 YES NO 3. Characteristic features of the original building shall not be destroyed or obscured. Is this requirement met? 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. Is this requirement met? 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. Is this requirement met? 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building. Is this requirement met? 8 VARIANCES Pursuant to LDR Section 4:57ifJ )- A variance is necessary to maintain the historic character of property if the following questions can be answered in the affirmative: Yes No 1. The variance is not contrary to the public interest, safety, or welfare? 2. Do 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 of a historic district nor listed on the Local Register of Historic Places? 3. Would the literal interpretation of the provisions of existing ordinances 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? 4. Is the variance requested the minimum necessary to preserve the historic character of a historic site or of a historic district? 1 B. Pursuant to LDR Section 4.5.1(J)(2), as an alternative to subsection A, a variance ay be necessary to accommodate an appropriate adaptive reuse of a structure ithin a Historic District or upon a Historic Site if the following questions co n be answered in the affirmative: Yes No 1. Is t e variance contrary to the public inter:st, safety, or welfare? 2. Will ' e variance significantly diminish the histori character of the Historic District or Site? 3. Is the variance requested the minimum necessar' to affect the adaptive reuse of an existing s ructure or site? C. Pursuant to LDR Sections 4.5.1(J)(3) and 2.4.7(A), if neither A nor B apply, the Board shall I therwise follow all procedures and impose conditions as required of the Boa d of Adjustment: Yes No 1. Do special nditions and circumstances exist which re peculiar to the land, structure, or b ilding involved and which are not generall applicable to other lands, structures, or b ildings subject to the same zoning? 2. Does the literal i iterpretation of the LDRs deprive the applicant of rights commonly enjoyed by other p operties subject to same zoning? 3. Do special condition and circumstances exist that were not the result of the applicant's own actions? 4. Will the granting of a valiance confer a special privilege on the applicant that is denied to other lands, structures or buildings under the same zoning? 2 Yes No 5. Do the reasons set forth in the variance petition justify granting the variance? 6. Is granting of the variance in harmony with the purpose and intent of existing regulations, meaning it will not be injurious to the neighborhood? 3 to Ale 71#\ CI"; WAIVERS Pursuant to LDR Section . . ,in order to grant a waiver, the approving body must make findings on the following: ��T �1 J YES NO l. Does the waiver affect the neighboring area? �- 2. Does the wavier significantly diminish the provision of �.' public facilities? 3. Does the waiver create an unsafe situation? C' 7_ not 4. Does the w*1er result in the gr of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner?