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HPB-11-02-11
AGENDA 44 � HISTORIC PRESERVATION BOARD Meeting Date: November 2, 2011 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 maybe in attendance. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF AGENDA IV. ACTION ITEMS A. 138 North Swinton Avenue, Old School Square Historic District — Murphy LLC, Scott Porten, President, Property Owner/Applicant. Certificate of Appropriateness (2011-176)for the installation of a new freestanding sign. V. PUBLIC HEARING ITEMS A. Amendment to Ordinance 70-89, Fontaine Fox House Consideration of Ordinance 43-11 to amend Ordinance 70-89 (2012-005) which revises "Section 1, Designation", and "Section 2, Requirements of Designation" of Ordinance 70-89, and an Amendment to LDR Section 4.5.1(K)(2), Designation of Historic Sites, to provide for the revised legal description of the Fontaine Fox Designation. A recommendation to the City Commission will be made. NOTE: The designated boundaries are not changing. • VI. REPORTS AND COMMENTS • Public Comments • Board Members • Staff VIII. ADJOURN thug E. attuvivz • Amy E. Alvarez Historic Preservation Planner Posted on: October 26, 2011 HISTORIC PRESERVATION BOARD November 2, 2011 MEETING COMMENCED: 6:00 P.M MEETING ADJOURNED: 6:45 P.M. NAME ATTEND 138 N. Swinton Avenue Lot 3, Ocean Apple Estates VOTE 6 to 0 6 to 0 TOM STANLEY P ANNIE ADKINS ROOF P Seconded Seconded ANA MARIA APONTE P RONALD BRITO P Made Motion IRIS MCDONALD P SAMUEL SPEAR P Made Motion ANNETTE SMITH A HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Applicants: Frank E. & Nilsa McKinney, Joshua C. & Katherine H. Littlefield Authorized Agent: GE Architecture, Inc., Gary P. Eliopoulos Project Location: Lot 3, Ocean Apple Estates Fontaine Fox House, Individually Designated HPB Meeting Date: November 2, 2011 File No: 2012-005 ITEM BEFORE THE BOARD The item before the Board is an amendment to Ordinance 70-89 that established the Fontaine Fox House historic site designation, pursuant to LDR Section 4.5.1(B), and 4.5.1(K)(2). BACKGROUND & PROPOSAL DESCRIPTION The Fontaine Fox historic designation contains approximately 2.5 acres of land and presently consists of Lots 1, 2 and 3 of the Ocean Apple Estates Plat (see attached map). The properties are located approximately 900' south of George Bush Boulevard between Andrews Avenue and the Atlantic Ocean. Lot 1 is on the east side of Ocean Boulevard (615 North Ocean Boulevard) while lots 2 and 3 are west Ocean Boulevard (610 North Ocean Boulevard), between North Ocean Boulevard and Andrews Avenue. Zoned R-1-AAA (Single Family Residential), the property (including all three lots) is an individually listed property in the on the Local Register of Historic Places as established by Ordinance 70-89. Associated with the property, on the east side of North Ocean Boulevard, (Lot 1) is a 2,400 square foot home constructed in 1993. The Historic Preservation Board recommended approval of Ordinance 70-89 (Fontaine Fox historic designation) to the City Commission on September 20, 1989 with the stipulations that on Lot 1 (the oceanfront lot) one dwelling unit of no more than 2,400 square feet could be built and that the Fontaine Fox site be subdivided into no more than three lots for no more than three dwelling units (one house per lot). The Ordinance was adopted by the City of Delray Beach on October 24, 1989. In 2002, an amendment to Ordinance 70-89 was proposed and reviewed as Ordinance 13-02. The proposal was for the removal of historic designation from Lot 3 and a portion of Lot 2, and to alter the previous density restriction to allow Lot 3 and that same portion of Lot 2 to be subdivided into a total of four separate parcels to accommodate a development plan for single family homes (perpendicular to the extant historic structure). The historic designation for the remaining portion of Lot 2, the lot that contains the Fontaine Fox House and its contributing outbuildings, as well as Lot 1 on the ocean side, would not have been altered. The proposed amendment to the Ordinance was denied at First Reading by the City Commission at its meeting of May 7, 2002. The currently proposed amendment will require revision of "Section 1, Designation", and "Section 2, Requirements of Designation" of Ordinance 70-89, as well as an Amendment to LDR Section 4.5.1(K)(2), Designation of Historic Sites, to provide for the revised legal description of the Fontaine Fox Designation. These changes are necessary as Lot 3 of the Ocean Apple Amendment cd Ordinance 7 -S9:2012-005 HPB iv:ee�;. P!ovreiaber 2. 1011 Paue2of.: Estates Plat is being replatted into the neighboring Ocean Apple Estates, Plat II. The new plat will reconfigure the size of Lot 3, and shift the existing north fifty feet (50') onto Lots 1 and 2 of Ocean Apple Estates, Plat II. While Lots 1 and 2, Ocean Apple Estates, Plat El are not presently designated parcels, the historic designation of their new southern fifty feet (50') will not be removed, and the overall boundary of the Fontaine Fox House designation will not be altered. Any new development or improvements within the southern fifty foot (50') portion of Lots 1 and 2 will continue to be subject to HPB review. The attached map indicates the existing and proposed lot configuration, along with the border of the historic designation. The amendment to Ordinance 70-89 is now before the Board for consideration. ANALYSIS LDR Section 4.5.1, Historic Preservation Sites and Districts (B), Criteria for Designation of Historic Sites or Districts (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; (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, detail, 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 Amendment CT°rom nce 70-89:2012-005 tiPB Meeting November 2.201 i Face3of? 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. STAFF COMMENT: In 1989, the Fontaine Fox House was individually designated to the Local Register of Historic Places as it met the designation criteria noted above primarily due to its architectural and cultural significance and association with local and prominent figures. The property owners at that time, Roderick and Joyce Wilson, initiated the designation process for the Fontaine Fox Property, to be listed on the Local Register of Historic Places. The designation would ensure that the density of development for the property was restricted and would permit the construction of a dwelling on the lot directly across from the Fox residence on the east side of Ocean Boulevard (Lot 1). The request for historic designation of the property and the restrictions imposed on the property to limit the division of one lot to three and imposing a square footage limitation on the oceanfront parcel (Lot 1) was supported by the property owners and was not an arbitrary action by the City. Due to the fact that these restrictions run with the land and not the owner, the designation and building restrictions have remained on all three lots associated with the designated property. The subject amendment will not be contrary to the initial designation as no additional dwelling units would be permitted within the boundaries of the designated site. Additionally, the review criteria of Section 4.5.1(E), Development Standards will remain on all three lots remaining within the Ocean Apple Estates plat, as well as the area (North 50' of Lot 3, Ocean Apple Estates) replatted into Lots 1 and 2 of Ocean Apple Estates, Plat II. Both the original and proposed ordinances are attached. Based on the designation criteria and lack of impact on the designated property, positive findings can be made regarding the proposed amendment to Ordinance 70-89. ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend approval to the City Commission of the amendment to Ordinance 70-89 affecting Lot 3, Ocean Apple Estates, Fontaine Fox House, Individually Designated, based upon positive findings with respect to LDR Section 4.5.1(B). C. Recommend denial to the City Commission Lot 3, Ocean Apple Estates, Fontaine Fox House, Individually Designated, based upon positive findings with respect to LDR Section 4.5.1(B). RECOMMENDATION Recommend approval to the City Commission of the amendment to Ordinance 70-89 affecting Lot 3, Ocean Apple Estates, Fontaine Fox House, Individually Designated, based upon positive findings with respect to LDR Section 4.5.1(B). Report Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: • Site Map • Ordinance 70-89 • Proposed Ordinance Amendment MARINA >- (, SOUTHWAYS THE Ct DELRAY LANDINGS % \\ v WEDGE- COND CRESTWOOD DRIVE 0 ■ WOOD CONDO ~ III cc Ti M.S.A. TRACT - - - - - — w 3 2 -I 1 k J . — Ct szr _ __ C_ ra— _ _ 44, I— HARBOR DRIVE HARBOR DRI € 00 � � / oIX m 0 O Q o 0 _( 1 U \ a Q Ct" ( / Ell -4 CISLAND DRIVE f— Lu / w U — o O N EXISTING LOT CONFIGURATION —— � BOUNDARY OF DESIGNATED HISTORIC PROPERTY,FONTAINE FOX HOUSE C -on! w PLANNING AND xorm+c y% DEPARTMENT O RI NAN CE 70-89 EXISTING LOT CONFIGURATION PER PLAT OF OCEAN APPLE ESTATES MARINA .>-- SOUTH WAYS THE h DELRAY LANDINGS b CONDO WED GE- CRESTWOOD DRIVE V WOOD "i CONDO ~ Q HAYYDHD a° III Q U I M.S.A. M.S.A. TRACT '�TRACT MIMI> — .v w 1 k J 3` 2 - — et w 1— / HARBOR DRI\/E I CO CHARBOR DRIVE '4It o 1- o' Q / — < 8on ct O w =( 1 U QMEM I Q ISLAND DRIVE l In Z / w D: o 1.111=0° z t i C'' __- PROPOSED LOT CONFIGURATION O OCEAN APPLE ESTATES PLAT II II OCEAN APPLE ESTATES a.' DEPARTMENT ORDINANCE 43-11 „,_,,,,_,_, SUBJECT AREA — — —HISTORIC DESIGNATION LIMITS AS PROPOSED ` r• -- DIGITAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1294_610 North Ocean Blvd_Fontaine Fox ORDINANCE NO.43-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 70-89 THAT PROVIDED FOR THE HISTORIC DESIGNATION OF THE FONTAINE FOX HOUSE AND PROPERTY; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, "HISTORIC PRESERVATION SI11,S AND DISTRICTS", SUBSECTION (K), "DESIGNATION OF HISTORIC SIIES", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 70-89 was adopted on October 24, 1989 and provided for the historic designation of the Fontaine Fox House and property as described in L.D.R. Section 4.5.1(K)(2), and allowed the development of a total of 3 dwelling units on the site including the development of a house on the east side of A-1 A,provided certain conditions were met;and WHEREAS, there currently exists the Fontaine Fox house and a house on the east side of A-1-A within the historically designated area;and WHEREAS, the current owner of the Fontaine Fox house and lands west of A-1-A wishes to amend Ordinance No. 70-89. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That Section 1, 'Designation" of Ordinance No. 70-89 of the City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 1, 'Designation"to read as follows: Designation The Fontaine Fox House designation consists of Lots 1 and 2 of the Ocean Apple Estates plat, the South fifty feet (50') of Lots 1 and 2 of the Apple Ocean Estates, Plat II, and Lot 3 of the Ocean Apple Estates, Plat II. The Fontaine Fox House is located on Lot 2, Ocean Apple Estates at 610 North Ocean Boulevard. Section 2. That Section 2, "Requirements of Designation" of Ordinance No. 70-89 of the City of Delray Beach is hereby repealed in its entirety and replaced by a new Section 2, "Requirements and Restrictions of Designation" to read as follows: Requirements and Restrictions of Designation Not withstanding any provision of the City Code of the City of Delray Beach and any other provision of this Ordinance, the following requirements shall apply to the use and development of the Individually Designated Fontaine Fox site: (1) No more than three (3) dwelling units shall be used, developed, or located within the boundaries of the Fontaine Fox Historic Site. Two dwelling units currently exist on the historic site,with one unit on Lot 1, Ocean Apple Estates, and the other on Lot 2, Ocean Apple Estates.An additional dwelling unit may be constructed on Lot 3, Ocean Apple Estates,Plat II. • (2) No dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred (2,400) square feet of gross floor area. (3) No dwelling unit, or any portion thereof, shall be developed within the south fifty feet (50') of Lots 1 and 2 of the Ocean Apple Estates,Plat II. Section 3. That Article 4.5, "Historic Preservation Sites and Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsection (K), "Designation of Historic Sites", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (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 the South Half of Lot 1 lying part of the South 10 feet of Lot 3 and the North Half of Let 1 lying West of State Read A1A (leas the West 25 feet - , and E, Palm Beach Shore Acres, Delray Beach, Pahn Beach County, Florida as Recorded in Plat Beok 7, Page 38, of of way of State Road A1A. Lot 2 of Ocean Apple Estates, and whose historically designated boundary consists of Lots 1 and 2, Ocean Apple Estates, and the South 50 feet of Lots 1 and 2, Ocean Apple Estates. Plat II, and Lot 3, Ocean Apple Estates,Plat II. (Original Designation by Ordinance 70-89, October 24, 1989.) (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) (8) THE KOCH HOUSE, 777 North Ocean Boulevard. Palm Beach Shore Acres, Lot 21, Block D, Defray Beach,Palm Beach County (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. 2 ORD. NO. 13-02 (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. (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, Defray Beach, formerly Town of Linton, Palm Beach County,Florida. (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,Defray Beach, formerly Town of Linton,Palm Beach County,Florida. (14) THE SUSAN WILLIAMS HOUSE, located at 154 N.W. 5th Avenue, Defray 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). (15) THE BLANK HOUSE, 85 S.E. 6th Avenue, located on Lots 12, 13, and 14, Block 117, Defray Beach, formerly Town of Linton,Palm Beach County, Florida. (16) THE MONTEREY HOUSE, 20 North Swinton Avenue, located on Lot 12, Block 60, Defray Beach, formerly Town of Linton,Palm Beach County,Florida. (17) 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. Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon recordation of the Ocean Apple Estates, Plat II. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,201 . A ITE,ST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 13-02 • • • ORDINANCE NO. 70-89 AN ORDI*LANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA, DESIGNATING THE PROPERTY KNOWN AS THE FONTAINE FOX HOUSE LOCATED AT 610 N. OCEAN BOULEVARD, WHICH IS MORE FULLY DESCRIBED IN EXHIBIT 1 TO THIS ORDINANCE, AS A LOCAL HISTORIC SITE; PROVIDING FOR CERTAIN REQUIRII1ENTS OF DESIGNA- TION; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983" TO SHOW, IN AN • OVERLAY MANNER SAID DESIGNATION; PROVIDING A NON- SE`7ERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR A SUNSET PROVISION. WHEREAS, Chapter 174 of the City of Code of the City of Delray Beach provides for the designation and protection of historic sites; WHEREAS, the owners of the Fontaine Fox House, a home designed I by noted South Florida architect John Volk for famed cartoonist and City I of Delray Beach resident Fontaine Fox, have nominated the Fontaine Fox I • House to be designated as an historic site if certain variances and waivers can be obtained from the City of Delray Beach. • WHEREAS, the Historic Preservation Board of the City of Delray Beach prepared a designation report for the designation of Fontaine Fox House as an historic site and held a duly noticed public hearing in regard to the designation of the property as an historic site at which no member of the public spoke in opposition to the designation of the property as an historic site; and, WHEREAS, the Historic Preservation Board of the City of Delray '. Beach has recommended that on September 20, 1989 that the Fontaine Fox House be designated an historic site subject to certain variances and waivers proposed by the owner/applicant in the nomination/designation report; and WHEREAS, the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the designation of the Fontaine Fox House as an historic site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF ME CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Designation. The Fontaine Fox House is located at 610 N. Ocean which is legally described on the survey which is attached and incorporated into this Ordinance as Exhibit 1 and is hereby designated as the Fontaine Fox Historic Site in accordance with and under the provisions of Chapter 174 of the City Code of the City of Delray Beach, subject to the terms of this Ordinance. Section 2. Requirements of Designation. Notwithstanding any provision of the City Code of the City of i Delray Beach and any other provision of this Ordinance, the following requirements shall apply to the use and development of the Fontaine Fox Historic Site: 1) no more than three (3) dwelling units shall be used and developed within the boundaries of the Fontaine Fox Historic Site; and, 2) no dwelling unit used or developed on that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A shall contain more than two thousand and four hundred (2,400) square feet of gross floor area. • Section 3. That the Planning Director of the City of Delray Beach, Florida, shall, upon the effective date of this ordinance, amend the zoning map of Delray Beach, Florida, to show, in an overlay manner, the above designation. Section 4. Severability. It is the intention of the City Commission of the City of Delray Beach that this Ordinance and each. every of its terms be con- sidered a part of a single whole and that the Ordinance not be severable and that if a court of competent jurisdiction finds that any section of this Ordinance is unlawful or unenforceable the Ordinance shall be ; unenforceable in its entirety. Section 5. Effective Date. This Ordinance shall become effective upon adoption on second and final reading. Section 6. Sunset Provision. This Ordinance shall expire and be of no further legal force and effect sixty (60) days after its effective date unless the owner/applicant of the Fontaine Fox Historic Site has obtained the following variances and necessary waivers: 1. A variation from the minimum lot area requirements of the B-1-AAA zoning district to allow the construction of a single family detached dwelling on that portion of the Fontaine For. Historic Site that lies east of State Road A-1-A; and 2. a variation from the side yard setback requirements of the R-1-AAA zoning district to allow the construction of a single family detached dwelling within five (5) feet of the north property line and five (5) feet of the south property line of that portion of the Fontaine Fox Historic Site which lies east of State Road A-1-A. 3. Waiver of the 80 foot right-of-way requirement for State Road A-1-A within the boundaries of the Fontaine Fox Historic Site and the establishment of a 60 _foot right-of-way requirement for the purposes of any municipal permit or development order. PASSED AND ADOPTED in regular session on second and final . reading on this the 24thday of October , 1989. MAYOR ATTEST: City rrk First Reading October 10, 1989 Second Reading October 24, 1989 2 ORD. NO. 70-89 CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ORDER In Re: 138 North Swinton Avenue, Old School Square Historic District Murphy LLC, Scott Porten, President ORDER Following consideration of all the evidence and testimony presented at the November 2, 2011 meeting before the Historic Preservation Board for the City of Delray Beach and Pursuant to LDR Section 2.4.6(H) 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 action before the Board is approval of a Certificate of Appropriateness (2011-176) for installation of a free-standing sign on a contributing property located at 138 North Swinton Avenue. The Historic Preservation Board finds that there is ample and competent substantial evidence to support its findings that the application for Consideration Certificate of Appropriateness (2011-176) application for free-standing sign on a contributing pro erty located at the above address is hereby X granted denied by a vote of (2 to 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 2nd day of November 2011. Tarr Historic Preservati l.� rd copies to: Murphy LLC, Scott Porten, President CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ORDER In Re: Frank E. &Nilsa McKinney, Joshua C. & Katherine H. Littlefield Lot 3, Ocean Apple Estates, Fontaine Fox House, Individually Designated GE Architecture, Inc., Gary P. Eliopoulos,Authorized Agent ORDER Following consideration of all the evidence and testimony presented at the November 2, 2011 meeting before the Historic Preservation Board for the City of Delray Beach and Pursuant The action requested of the Board is to review an amendment to Ordinance No. 70-89 affecting Lot 3, Ocean Apple Estates, Fontaine Fox House, Individually Designated based upon positive findings with respect to LDR Section 4.5.(B) is hereby X granted denied by a vote of 6 - 0. 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 ado is this Order this 2nd day of November 2011. Historic Preservation Board cc: GE Architecture, Inc., Gary P. Eliopoulos, Authorized Agent A DELRAY BEAH F L O N I D C All-America City 1 I 1993 2001 SIGN IN SHEET 2001 Regular Historic Preservation Board Meeting November 2, 2011 PRINT FULL NAME ADDRESS OR ITEM NO. ORGANIZATION ()laC .file. 1iorv6 2 2 /\'. Occgc lad! Ad 4 V rq ;CST Zo �I satv� NtZ'�� �uSt- lls E-_- 0uLo `ALV (-e(i n Sin , Re N Iv ;7)- HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Applicant: Murphy LLC, Scott Porten, President Project Location: 138 North Swinton Avenue, Old School Square Historic District HPB Meeting Date: November 2, 2011 File No: 2011-176 ITEM BEFORE THE BOARD The action before the Board is a Certificate of Appropriateness for the installation of a free- standing sign on a contributing property located at 138 North Swinton Avenue, Old School Square Historic District, pursuant to Land Development Regulations (LDR) Section 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The subject property consists of the South 1.5 feet of Lot 9 and Lot 10, Less 3 feet, Block 59, Town of Delray and is zoned OSSHAD (Old School Square Historic Arts District). Located on the west side of North Swinton Avenue, between NW 1st and NW 2nd Streets, the property is classified as contributing within the Old School Square Historic District. The property contains two buildings converted from single-family use to office subsequent to site plan approval by the HPB on March 10, 1993. At its meeting of June 2, 2004, the HPB granted approval for the installation of a free-standing, two-sided sign constructed of MDO (Medium Density Overlay). The sign, which measured 47" wide by 57" high, had an overall height of 7', as it was located 2'3" above the ground. The wood sign posts which remained from a previously approved sign were utilized. In 2011, a new sign was installed without approval of a new COA. The sign primarily consisted of a new face on the existing posts. Due to concerns over the design and appropriateness of the new sign and prior to review by the Board, a revised sign proposal was submitted and is before the Board at this time. The subject proposal consists of replacement of the existing sign and double posts and described as follows: • Post: o Type: Freestanding with single post and arm, with decorative finials o Dimensions: Post Height: 7'6", Arm Width: 3' o Material: 4" x 4" pressure treated, painted post o Color: Cream (matches building trim) o Details: Fluted decorative base; • Sign: o Dimensions: Height: 3'6", Width: 3' o Material: 'A" thick PVC, digitally laminated with vinyl graphics on both sides. o Color: Cream (matches building trim) background, black letters. o Details: Attached to arm and post with small, affixed chains; Decorative shape with 'A" thick raised PVC border on each side. • Location: Approximately six feet (6') from front property line. The COA request for approval of a freestanding sign is now before the Board for consideration. 138 North Swinton Avenue;2011-176 HPB Meeting November 2,2011 Page 2 of 5 ANALYSIS LDR SECTION 4.6.7—SIGNS LDR Section 4.6.7(A) is noted below as it applies to the subject signage request (emphasis added). (A) Purpose: The purposes of these sign regulations are: to minimize the possible adverse affect of signs on nearby public and private property; to foster the integration of signage with architectural and landscape designs. (2) Preservation of Community's Beauty: The City of Delray Beach which includes a beach resort community as well as major office and industrial parks relies heavily on its natural surroundings and beautification efforts to retain its economic advantage. This concern is reflected by actively regulating the appearance and design of signs. (3) Property Value Protection: Signs should not create a nuisance to the occupancy or use of other properties as a result of their size, height, brightness, or movement. They should be in harmony with buildings, the neighborhood, and other conforming signs in the area. STAFF ANALYSIS: The above noted LDR has been provided with particular emphasis placed on those components applicable to the subject proposal and should be taken into consideration upon review by the Board. Upon review, Staff has determined that the design is generally considerate of the historic character of the property and is in harmony with the building, neighborhood and other conforming signs in the area. While concerns regarding the vinyl finish/material and the integration of two signs on one sign face, these elements have been previously supported by the Board. Further, they are not of such a character which negatively impact the property or neighborhood. LDR Section 4.6.7(D) (2) (a)-(c) addresses "Aesthetic Qualifications" and states: The aesthetic quality of a building, or of an entire neighborhood, is materially affected by achieving visual harmony of the sign on or about a structure as it relates to the architecture or the building or the adjacent surroundings. The following aesthetic conditions must be met: (a) Garishness: The overall effect of the lettering, configuration or color of a sign shall not be garish. "Garish" signs are those that are too bright gaudy, showy, glaring, and/or cheaply brilliant or involving excessive ornamentation. Garish signs are not in harmony with and not compatible with the building or adjacent surroundings. (b) Scale and Conformity with Surroundings: The scale of the sign in terms of area, shall be consistent with the scale of the building on which it is to be placed or painted and the neighborhood or streetscape where it is to be located. Scale shall also be considered in terms of Subsection (F) (2) with respect to height and area. (c) Quality: All signs shall have a professional appearance that enhances the visual aesthetics of the area. 138 North Swinton Avenue;2011-176 HPS Meeting November 2,2011 Page 3 of 5 STAFF ANALYSIS: When considering signage within a historic district, it is important to take into consideration the historic character of the district, and more importantly, of the structure to which the sign will be associated. With respect to the aesthetic qualifications noted above, the proposal is appears to have taken the small scale of the property and simple design aesthetics into consideration. Additionally, the color scheme compliments that of the historic buildings, and it not considered "garish." LDR Section 4.6.7(E)(7) contains signage regulations for all historic districts and the OSSHAD zoning district as follows: Signage Regulations for OSSHAD and all Historic Districts Type of Sign Quantity Area (Maximum) Location Height Wall 30 square feet Building face N/A Projecting Not more than 30 square feet (face) From building or N/A two per lot, parcel under canopy Free-standing or development. 30 square feet (face) May be in front 8' yard setback Under-Canopy 4 square feet (face) Under canopy N/A STAFF ANALYSIS: The proposed sign complies with-the subject regulation as it measures 10.5 square feet, while the maximum allowed is 30 square feet. Therefore, the sign meets the technical requirements noted above. Note: The Visual Compatibility Standards of LDR Section 4.5.1(E)(8) are applicable to the subject review as it is located in a historic district. Additional analysis with suggested revisions is noted below and in the Staff recommendation. LDR SECTION 4.5.1 — HISTORIC PRESERVATION SITES AND DISTRICTS Pursuant to LDR Section 2.4.6(H)(5), prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. LDR Sections 4.5.1(E)(5) and 4.5.1(E)(8) provide guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The applicable guidelines are as follows: (E)(5) Standards and Guidelines A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. (See applicable Standards and Guidelines below) (E)(8) Visual Compatibility Standards All improvements to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility shall be determined in terms of height, front facade proportion, proportion of openings (windows and doors), rhythm of solids to voids, rhythm of buildings on streets, rhythm of entrance and/or porch projections, relationship of materials, texture and color, 138 North Swinton Avenue;2011-176 HPB Meeting November 2,2011 Page 4 of 5 roof shapes, walls of continuity, scale of a building, directional expression of front elevation, architectural style, and additions. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)-(m). The following Visual Compatibility Standards apply: (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. Delray Beach Historic Preservation Design Guidelines The Delray Beach Historic Preservation Design Guidelines suggest the following regarding signage: • Use materials and sign types that are based on historical precedent. • The scale of the signage should relate to the scale and detail of the historic building, and not overwhelm or call attention to the sign. • The material of the sign need not be identical, but should be compatible with the construction materials of the building. • The choice of typeface is a recommended way of conveying the period in which the building was constructed. Historic photographs of the period may be consulted to identify some common typestyles. STAFF ANALYSIS: No direct reference is made to signage affecting historic structures, sites, or districts within the review criteria above; however, there is specific intent to project the importance of preserving "character-defining" and distinctive features as a means of providing a compatible and appropriate solution for signage. The sign meets the overall intent of the Visual Compatibility Standards, as well as the Standards and Guidelines noted above. As previously indicated, the sign materials are of concern to Staff as they are not based on historical precedent; however, the Board has been supportive of alternative materials in the past primarily due to the added cost of signs made of wood or emulated to appear like carved wood, as well as other concerns. Aside from the material, the sign is a significant improvement to the previous sign, and will greatly compliment the property and add to the character of the historic district. Based on the above, positive findings can be subject to the removal of the existing (unapproved) sign and installation of the new sign within ninety (90) days of the Board's approval. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Certificate of Appropriateness for 138 North Swinton Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. 138 North Swinton Avenue;2011-176 HPB Meeting November 2,20'I 1 Page 5 of 5 C. Move denial of the Certificate of Appropriateness for 138 North Swinton Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (Motion to be phrased in the affirmative.) RECOMMENDATION Approve the Certificate of Appropriateness (2011-176) for 138 North Swinton Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request does—meet criteria set forth in the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to the condition that the existing sign be removed and the new sign installed within ninety (90) days of approval. Staff Report Prepared by:Amy E.Alvarez, Historic Preservation Planner Attachments: •Photographs of Site •Sign specifications s e _N W. 2tD STREET P IN LEGE1IO: ki C=CENT54IJAE h CO1ru=CANT£ rFXRM tIE Cr for s W.M =WATER A£TER I-- ul6o' -( LP. =UGY-IT PILE -,- - ma —.— =OVER-EAD UTILITY ONES 1` a LOT 9 r . - Ti - FLDODzO1E• x BLOCK 59 I k� 1 1 13160' �1� i ( "FDA . iii a. � I CERTlf7ED To- \ Tan- trF a�cor s -�� T— - "ice I MLF1°1`1Y,LLC / I• 61ao4ILLAN&STAALEY,PLLC '� OLD R JC NATIOVAL TIRE laRAACE COMPANY H 7x3� BRICR`. WALK �— \ I i tb " • WA7D RAW DESQR;°TIA�t • 3 2 s. TIE NORTH 73.5 FEET OF LOT Xl A/D 1}f SOUTH 15 FLL I OF W I O p [ STEPS IO Q w LOT 9,BOCK 59,DELRAY BEACH ACCORDIAG TO TIE PLAT > BRICK DRIVE • - ZZ TIEFE `'AS RECORDED W PLAT BOOK(PAGE 3 OF 71E PLBIJC Q. crnG O mI{{�1( ' 1 STORY LDIVG ll r, III m 'O 4 RECORDS OF PALM BEACH COUVTY,FLOODA i2I' ;r.., . CDVFSffD J m ,,.H.r �µt7t'lp F, 3 - td ng ` \ MAP OF BOUNDARY SURVEY .,, %d SUPS g � ' J N.d, o , ° I FEFEBY CERTIFY THAT TNS SURVEY WAS MADE UDR MY RESPOYSIECE CHARGE • �h 11 STORY/ r lit' + ..24.4' .,;` I B' I MO/EFTS TIE MNAI M TECHNICAL STAMARDS AS SET FORTH BY TFE FLORIDA elit,,,,,,.....,,,,,,,,,. • `• 4 ADIRNSTRA BOARD OF CDDC PURSUANT TOS AM SECIIDYMAPPERS ti CHAPTER FLORIDA STATUTES A / / A/C PAD • —_ ' PAUL D. ENGLE ._lap, SCUM LIE Er LOT D-'" o r�r} •, �} I X� NOT VALD MINT TIE SIONTURE MO SURVEYOR& TIPPER#5708 � -' LOT 11 — � N $ I TIC ORGK441.RAISED SURVEYOR NO AL(F A °�' , BLOCK 59 - UI TER & 0 BRIEN INC. _ ... 33� 0 BRIEN, S LAND SURVEYORS CERTIFICATE OF AUTHORIZATION LB353 NOTE: SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: PAIL D.ENGLE 955 N.W. 17TH AVENUE,SLATE K-1,DELRAY BEACH,FLORIDA 33445 PARCEL SL&,ECT TO CONDITIONS AS SET FORT AV CITY OF (561)276-4501 732-3279 FAX 276-2390 DELRAY BEACH CR71'NAACE 1-88,AS RECORDED 14 OFFICIAL RECORDS BOOK 5734,PAGE 735. i`=20' wrEaswrEr S£PT.2.Z 2010 FUD BOOK PAGE ma ORCCR AR' ©COPYRIGHT 2010 OBHroEK SUTER k OMEN INC. D209 17 89-64d Wr..moo,CAbaa, a44 wa-051,242of°-1240 PM-Sur I:N°°oo° r / \ 36 in decorative finials to finish posts � e 138 112"thick pvc sign face, PORTEN Digitally printed and laminated COMPANIES vinyl graphics on both sides. 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Please remove the following pages from your manual and replace with the enclosed pages. SECTION REMOVE PAGES INSERT PAGES LDR LOG BOOK _ 129 (Text Amendments) SECTION 2.4.6(F) 2.4-57 thru 2.4-62 2.4-57 thru 2.4-62 SECTION 4.4.9(B) 4.4-29 thru 4.4-30 4.4-29 thru 4.4-30 SECTION 4.4.13(B) 4.4-58 thru 4.4-59 4.4-58 thru 4.4-59 SECTION 4.5.3(D) 4.5-39 thru 4.5-40 4.5-39 thru 4.5-40 SECTION 4.6.9(E)(3) 4.6-51 thru 4.6 -52 4.6-51 thru 4.6-52 SECTION 4.6.9(E)(3)(d) (Missed changes in 4.6-55 thru 4.6-56 4.6-55 thru 4.6-56 Ordinance 21-11) • Should you have any questions or comments, please call Rebecca Truxell at (561) 243-7040 in the Planning Department. Thank you. LDR LOG BOOK (TEXT AMENDMENTS) DATE ORDINANCE LDR CODE DATE ENTERED DISTRIBUTION NUMBER SECTION ENACTING ORDINANCE ADOPTED IN MASTER DATE 36-11 4.4.9 General Commercial (GC) District 10/18/11 11/8/11 11/8/11 4.4.9(B) Principal Uses and Structures Permitted 4.4.13 Central Business (CBD) District 4.4.13(B) Principal Uses and Structures Permitted Amended to clarify that bicycles with an electric-helper motor are the only motorized equipment permitted in the "rental of sporting goods and equipment" use category within the GC and CBD zoning districts. 37-11 4.5.3 Flood Damage Control Districts 11/15/11 11/22/11 11/22/11 4.5.3(D) Construction Standards Amended to remove a provision while maintaining compliance with State Statutes. 40-11 4.6.9 Off-Street Parking Regulations 11/15/11 11/22/11 11/22/11 4.6.9(E) Location of Parking Spaces 4.6.9(E)(3) In-lieu Fee Amended to clarify the applicability of the maximum percentage of in-lieu parking spaces permitted. 41-11 2.4.6 Procedures for Obtaining Permits and Approvals 11/15/11 11/22/11 11/22/11 2.4.6(F) Temporary Use Permit Amended to clarify that the chief building official may grant • permission for temporary uses under a tent Page 129 SECTION 2.4.6 (D) (2) (2) Required Information: An application form, and attendant fee, shall be completed and delivered to the Chief Building Official, or his designee. The application form shall be as promulgated by the Chief Building Official. (3) Procedure: Upon acceptance of the application, the Chief Building Official shall cause the site to be visited and a report made which provides the status of trees in excess of two inches in diameter at 4-1/2 feet above the ground. The report shall identify what measures must be taken with respect to tree protection and removal (4.6.19) and erosion control (4.6.17). (4) Issuance of Permit: Upon acceptance of the report by the Chief Building Official, a permit shall be issued. The permit shall require compliance with the report, a copy of which shall be provided with the permit. The permit shall be valid for a period of 180 days. (E) Tree Removal Permit [This Section repealed in its entirety by Ord 37-06 9/19/06] (F) Temporary Use Permit: A temporary use shall be required for any of the uses listed below. The granting authority of each use is as shown. 1. Circuses or Carnivals -- City Commission 2. Uses under a Tent -- City Commission or Chief Building Official [Amd. Ord. 41-11 11/15/11] 3. Sales Offices and Models at a Residential Development Site -- Chief Building Official 4. Construction Trailers and Compounds -- Chief Building Official 5. City Operated Facilities -- City Commission [Amd. Ord. 75-91 11/19/91] 6. Seasonal Farmer's Market -- City Commission [Amd. Ord. 45-96 10/15/96] 7. Temporary Parking Lots -- City Commission [Amd. Ord. 13-98 3/17/98] 8. Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and Other Related Holiday, Seasonal/Temporary Uses — City Commission [Amd. Ord. 41-03 11/4/03] (1) Rule: No temporary use shall be allowed except as provided in this Subsection (H) or as otherwise provided for in these regulations. (2) Required Information: A request for a temporary use shall be made via letter to the granting authority. The letter shall contain the following information, as applicable to the use being requested. 2.4 - 57 SECTION 2.4.6 (F) (2) (a) (a) Name of petitioner; (b) Name of property owner and consent therefrom; (c) Location of site; (d) Purpose, activity to be conducted; (e) Period of use; (f) Proof of ability to connect temporary electric services (see Article 7.2); (g) Proof of ability to provide toilet facilities for both men and women on the premises, subject to approval of the County Health Department; (h) How foodstuffs are to be handled; In addition, for circuses and carnivals, the following is required: (i) The nature of the advertising or promotion activity to be conducted for the circus or carnival; (j) Proof of whether or not the applicant, or the individual identified as having the management authority or supervision of the circus or carnival, has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense; (k) If specifically required, copies of all printed advertising proposed to be used in promoting the use; (I) If specifically required, credentials from the person, if any, for which the applicant proposes to do business, authorizing the applicant to act as such representative. (3) Regulations and Restrictions: (a) Uses Under a Tent: 1. The use of a tent, or tents, shall only be as follows: [Amd. Ord. 45- 96 10/15/96] a. The sale of seasonal items which, when protected from the sun, provides for a less hazardous product for public use (i.e. Christmas tree sales); [Amd. Ord. 45-96 10/15/96] b. Assembly occupancies to protect the public from the elements. Tents for these uses can be approved for up to 3 days by the Chief Building Official Requests for more than 3 days up to a maximum of 7 days requires City Commission approval. [Amd. Ord. 41-11 11/15/11]; [Amd. Ord. 45-96 10/15/96] 2.4 - 58 SECTION 2.4.6 (F) (3) (a) 1. c. c. The use of tents for retail sales or other commercial use is prohibited, except as otherwise permitted in this section. [Amd. Ord. 45-96 10/15/96] 2. The tent and site shall comply with the following: [Amd. Ord. 45- 96 10/15/96] a. The tent shall be approved by the Fire Marshall for fire resistance. [Amd. Ord. 45-96 10/15/96] b. Adequate fire protection equipment, in a type and capacity as approved by the Fire Marshall, shall be provided on the premises at all times. [Amd. Ord. 45-96 10/15/96] c. Payment of a permit fee [2.4.3(K)] and a deposit of $50 which shall be returned upon determination by the Chief Building Official that all debris resulting from the use has been removed from the site. [Amd. Ord. 45-96 10/15/96] d. Obtaining of permits for electrical and health and sanitation facilities, as applicable. [Amd. Ord. 45-96 10/15/96] (b) Circuses and Carnivals: 1. An investigation of the applicant's business reputation shall be conducted by the City and the request shall not be approved if such investigation discloses tangible evidence that the conduct of the circus or carnival would pose a substantial threat to the public health, safety, morals, or general welfare. [Amd. Ord. 45-96 10/15/96] 2. Permits for electrical and health and sanitation facilities, as applicable, shall be obtained. [Amd. Ord. 45-96 10/15/96] (c) Seasonal Farmer's Market: [Amd. Ord. 45-96 10/15/96] 1. A farmer's market may be permitted within that portion of the City's Transportation Concurrency Exception Area that is west of the Intracoastal Waterway, for the purposes of downtown revitalization, subject to the following restrictions: [Amd. Ord. 45-96 10/15/96] a. The market must be sponsored by the Community Redevelopment Agency, the Downtown Joint Venture, or other agency which is formulated for the purposes of economic development as approved by the City Commission. [Amd. Ord. 45-96 10/15/96] 2.4 - 59 SECTION 2.4.6 (F) (3) (c) 1. b. b. Operation of the market is to be limited to the growing season (generally, November through May), but not more than one day per week, unless specifically authorized by the City Commission. The Commission shall establish the specific days and hours of operation, as well as the duration of the temporary use permit. [Amd. Ord. 45-96 10/15/96]\ c. Products to be sold shall consist of agricultural produce, plants and flowers; baked goods; and cheeses. The Commission may also at its discretion approve the limited sale of related products such as handmade crafts, prepared foods, and promotional items bearing the name of the City and the market. The sale of such additional items, if approved, shall be limited to a specific number or percentage of the total vendors. [Amd. Ord. 45-96 10/15/96] d. The Commission may approve the design elements of the market (i.e. site layout, types of tents/booths to be erected, etc.), or may defer such elements to the Site Plan Review and Appearance Board (SPRAB) or the Historic Preservation Board (HPB) as appropriate. All elements must comply with applicable health, safety and fire codes. [Amd. Ord. 45-96 10/15/96] e. Permits for electrical and health and sanitation facilities, as applicable, shall be obtained. [Amd. Ord. 45-96 10/15/96] (d) Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and Other Related Holiday, Seasonal/Temporary Uses: [Amd. Ord. 41- 03 11/4/03] 1. The horse drawn carriage rides, ice skating rink, carousel, and other related holiday, seasonal/temporary uses must be sponsored by the City, Community Redevelopment Agency, the Downtown Joint Venture, or other agency which is formulated for the purposes of economic development as approved by the City Commission. The owner/operator of the horse drawn carriage rides must have a license agreement approved by the City Commission prior to commencing the use. [Amd. Ord. 41-03 11/4/03] 2. In addition to the holiday, seasonal, and temporary uses referred to in Section 2.4.6(H)(3)(d)(1) above, horse drawn carriage rides are also permitted for certain special events under the terms and for the times permitted in a license agreement. Horse drawn carriage special event rides not governed by Section 2.4.6(H)(3)(d)(1) above, are only permitted between 6:00 p.m. and 10:00 p.m. from June 1st 2.4 - 60 SECTION 2.4.6 (F) (3) (d) 2. through November 1, except for weddings, which may also occur between the hours of 8:00 a.m. and 12:00 noon from June 1st through November 1st. [Amd. Ord. 49-04 11/16/04] (e) Temporary Parking Lots: [Amd. Ord. 41-03 11/4/03]; [Amd. Ord. 13-98 3/17/98] 1. A temporary parking lot may be permitted within the following areas: [Amd. Ord. 41-11 11/15/11]; [Amd. Ord. 13-98 3/17/98] a. the portion of the Central Business District (CBD) and Community Facilities (CF) District which is bounded by Swinton Avenue on the west, the Intracoastal Waterway on the east, N.E. 2nd Street on the north, and S.E. 2nd Street on the south; [Amd. Ord. 13-98 3/17/98] b. the portion of the CBD and CBD-RC District which is bounded by N.E. 2nd Avenue on the west, the FEC Railway on the east, N.E. 2nd Street on the south, and N.E. 4th Street on the north; [Amd. Ord. 13-98 3/17/98] c. the portion of the CBD located east of the Intracoastal Waterway; [Amd. Ord. 13-98 3/17/98] d. the non-residential zoning districts bounded by Swinton Avenue on the east, 1-95 on the west, N.W. 1st Street on the north, and S.W. 1st Street on the south. [Amd. Ord. 13-98 3/17/98] 2. Temporary parking lot spaces shall not be used to fulfill minimum off-street parking requirements for new development or redevelopment. Temporary lots may be used to supplement required parking. [Amd. Ord. 13-98 3/17/98] 3. Prior to issuance of the temporary use permit, the applicant shall submit a site plan which includes proposed grade elevations, landscaping and other information which addresses the regular maintenance of the parking surface and irrigation of the landscaped areas. [Amd. Ord. 13-98 3/17/98] 4. The City Engineer shall approve the grading plan for the parking lot. The site plan shall be reviewed and recommended for approval by the Parking Management Advisory Board prior to submission to the City Commission for consideration. [Amd. Ord. 13-98 3/17/98] 2.4 - 61 SECTION 2.4.6 (F) (3) (e) 5. 5. Permits for temporary parking lots shall be issued for a one-year period. Permits may be renewed annually to a maximum of three (3) years upon review and positive recommendation by the Parking Management Advisory Board. [Amd. Ord. 13-98 3/17/98] 6. The temporary parking lot shall be monitored for compliance with the approved plan. Should the City Manager find that the operation of a lot is not in compliance or if the lot has an adverse effect on surrounding properties, and the applicant is unable or unwilling to rectify the problem the permit may be reviewed by the City Commission for possible revocation. [Amd. Ord. 13-98 3/17/98] 7. Within thirty (30) days of expiration of the permit, all rock or gravel surfaces shall either be removed or covered with top soil. The site shall then be sodded or landscaped as determined acceptable by the Planning and Zoning Department. [Amd. Ord. 13-98 3/17/98] 8. A temporary parking lot shall be constructed to the following specifications: [Amd. Ord. 13-98 3/17/98] a. The parking lot surface shall be brought to grade with a dust- free surface of one of the following materials over soil which has been compacted to 95% maximum density per AASHTO T- 180: [Amd. Ord. 41-11 11/15/11]; [Amd. Ord. 13-98 3/17/98] 1. four inches of crushed limerock or shellrock coated with a prime coat per FDOT "Standard Specifications for Road and Bridge Construction", latest edition; [Amd. Ord. 13-98 3/17/98] 2. four inches of pearock, gravel or river rock; or [Amd. Ord. 13-98 3/17/98] 3. six inches of mulch. [Amd. Ord. 13-98 3/17/98] b. If the lot is not operated on a 100% valet basis, wheel stops shall be provided as a means to indicate individual spaces. The size of the parking spaces, maneuvering areas and aisle widths shall be subject to the standards of Section 4.6.9(D)(4). In addition, the parking lot shall meet the requirements of the "Florida Accessibility Code for Building Construction". [Amd. Ord. 13-98 3/17/98] c. If the lot is operated on a 100% valet basis, then wheel stops shall be provided at the edge of the parking surface. [Amd. Ord. 13-98 3/17/98] 2.4 - 62 SECTION 4.4.9 Section 4.4.9 General Commercial (GC) District: (A) Purpose and Intent: The General Commercial (GC) District provides basic regulations for small parcels which are best suited for general retail and office uses. In addition, this district has provisions in the Four Corners Overlay District which encourages mixed use development that may include retail, office, and multi-family uses. The GC designation is applied to small parcels, most of which are developed, where adherence to standard regulations is most appropriate. The GC designation is to be applied primarily along arterial and collector streets. Uses may be conducted singularly or in combination within the same structure. [Amd. Ord. 8-07 3/20/07] (B) Principal Uses and Structures Permitted: The following are allowed within the GC District as permitted uses, except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(a). [Amd. Ord. 8-07 3/20/07]; [Amd. Ord. 64-04 11/16/04] (1) General retail uses and/or facilities, including, but not limited to: [Amd. Ord. 35-10 10/19/10] (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pharmacies, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. Amd. Ord. 35-10 10/19/10] (2) Business, Professional, and Medical uses including, but not limited to: [Amd. Ord. 09-10 7/20/10] (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business offices, professional offices, and medical offices. [Amd. Ord. 09-10 7/20/10] (3) Contractor's Offices, including but not limited to: (a) Air conditioning, general contractor, electrical, painting, and plumbing; however, any outside storage of materials is prohibited. (4) Services and Facilities including, but not limited to: 4.4 - 29 SECTION 4.4.9 (B) (4) (a) (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, financing e.g. banks and similar institutions including drive-through facilities, laundromats limited to self-service facilities, pet grooming, restaurants including drive-in and drive-through, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). With the exception of bicycles with an electric-helper motor as defined in Section 72.02, Delray Beach Code of Ordinances, all rented sporting goods must be non-motorized. [Amd. Ord. 36-11 10/18/11]; [Amd. Ord. 15-98 4/21/98] (b) Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, indoor shooting ranges, museums, libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding drive-ins. (5) Dwelling units and residential licensed service provider facilities in the same structure as commercial uses provided that: commercial uses must be provided on the ground floor; commercial uses on the ground floor must occupy no less than 25% of the total structure excluding square footage devoted to vehicular use; residential uses are not located on the ground level; residential uses and non-residential uses are physically separated and have separate accessways; and the residential density does not exceed 12 units per acre, except the Four Corners District which may have a free standing residential building as part of a multi-building unified master plan or the residential component may be a part of a single mixed use building. The density of the Four Corners Master Plan shall not exceed 30 dwelling units per acre and is subject to the provisions under Section 4.4.9 (G)(3)(d)(4). [Amd. Ord. 10-11 4/5/11]; [Amd. Ord. 8- 07 3/20/07]; [Amd. Ord. 43-04 8/17/04]; [Amd. Ord. 6-00 3/21/00] (6) Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers, subject to the locational restrictions of Section 4.4.9(H)(3). [Amd. Ord. 64-04 11/16/04] [Amd. Ord. 27-98 8/4/98] (7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(1). [Amd. Ord. 23-01 5/1/01] (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots; (2) Refuse and service areas; (3) Provision of services and repair of items incidental to the principal use; 4.4 - 30 SECTION 4.4.13 (A) West Atlantic Avenue Neighborhood: The goal for this area is to provide for development that is consistent with the adopted West Atlantic Avenue Redevelopment Plan and the Downtown Delray Beach Master Plan. The emphasis is on the preservation and enhancement of existing neighborhoods, while promoting a pedestrian friendly commercial area along Atlantic Avenue that contains a mix of residential, commercial and civic functions. Businesses that are oriented toward serving the local neighborhood, as opposed to a regional area, are encouraged. [Amd. Ord. 64-04 11/16/04] �,.UIH1111mi I i t•�"MU m -fir,� .. •� ' 1---= 1p .,.`,' �U11 (IIIIIIII jI I ' .111111111II _ y I - mil` .w. am sr. = I I I III •- l li I I I = !_�_:_ I .. ...i n E" -- -- —oxwa m cur =� ^� a LLOIDIvxY — -- -- .K..�I .�. ---I srrrmc y ___'._— _ m 1 -- _ 110 �—11_—NM == Y= ` ' '=111 Cj 1E, _ am ,� .M PotPE1' ilii'hriii — -- PAF.T AT CM. a_� JIMI NM—MI NM -111�1 III& I �I —� 1111�' n CEO �1 11 11-1. � I I ;- _= II III _ _ -1 1Jii'_ r I-='I=i;, _ __ Fn IOWA = I EL I_ 11Tf111 11 I I j_— 1!�Y= =_ _` I Il i== r:I:- _ ; 1 .,..+ A 1111111111011111111 i i I lu l l I ' 111111IIIIII M1 .uIl "' MA I: r`iATLANTIC BD AVENUE t iIIIIIIIIIIIIIII -" = a, II IIIIIIIIIIIIIIIII ___ 1 iii .. . __,2_i _ _ , __., ___ _ , 1., _ =__. .. E-= =-E.,== 1 ,==. 1 "..g„ .=-. '1 [T] -- — -- - - e_= I, H-E T_ _ r- __ _ __ -= == - I IIIIIIM -11E] E �- ■■ __= tr le: inn __1 ul u== Min Er11= - _ -- _ iir ma !!�M! _■ ==== ---J_ — _ -- _=_=____ O ME 11111 =.__ =_== -- T --- . — t1:1 I E= -- `J`- =i ki - _ 1= J YI-I-71 I—. I•o2.1 I N -Mir- WEST ATLANTIC NEIGHBORHOOD CITY OF OELRAY BEACH,FL CBD(CENTRAL BUSINESS DISTRICT)ZONED DISTRICT PLANNUIC&ZONING DEPARTMENT --DIGITAL SAS AMP SYSTEM-- Figure 4.4.13-3-West Atlantic Neighborhood 4.4 - 58 SECTION 4.4.13 (B) (B) Principal Uses and Structures Permitted: The following types of use are allowed within the CBD District as a permitted use: (1) General retail uses and/or facilities, including, but not limited to: [Amd. Ord. 35-10 10/19/10]; [Amd. Ord. 22-99 7/20/99] (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pharmacies, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. [Amd. Ord. 35-10 10/19/10]; [Amd. Ord. 22-99 7/20/99] (2) Business, Professional and Medical uses pursuant to restrictions set forth in Section 4.4.13(H)(1) including, but not limited to: [Amd. Ord. 09-10 7/20/10]; [Amd. Ord. 45-06 9/19/06]; [Amd. Ord. 22-99 7/20/99] (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business, medical and professional offices. [Amd. Ord. 09-10 7/20/10]; [Amd. Ord. 22-99 7/20/99] (3) Services and facilities including, but not limited.to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, laundromats limited to self-service facilities, pet grooming, restaurants excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). With the exception of bicycles with an electric-helper motor as defined in section 72.02, Delray Beach Code of Ordinances, all rented sporting goods must be non-motorized. [Amd. Ord. 36-11 10/18/11]; [Amd. Ord. 15-98 4/21/98] (b) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, museums, libraries, newsstands, commercial or public parking lots and parking garages. (c) Public open space plazas [Amd. Ord. 32-09 8/4/09] 4.4 - 59 SECTION 4.5.3 (B) (4) (c) (c) Deemed neither to limit nor repeal any other powers granted under state statutes. (5) Disclaimer: The degree of flood protection herein required is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within these areas will be free from flooding or flood damages. These regulations shall not create liability on the part of the City, its Mayor, members of the Commission, its officers, employees, or appointees thereof for any flood damages that result from reliance thereon or any administrative decision lawfully made thereunder. (C) Review and Approval Process: [See Section 2.4.6(1)] (D) Construction Standards: (1) General: In all areas of special flood hazard, the following provisions apply: [Amd. this Section Ord. 02-11 1/18/11] [Deleted (a) and relettered Amd. Ord. 37-11 11/15/11] (a) All new construction and substantial improvements shall be anchored to prevent floatation, collapse, or lateral movement of the structure. (b) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (c) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. (d) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. (e) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. (f) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4.5 - 39 SECTION 4.5.3 (D) (1) (g) (g) Any alteration, repair, reconstruction, or improvements to a structure on which the start of construction was begun after May 8, 1978, shall meet the requirements of new construction as contained in this chapter. (h) Manufactured homes shall be anchored to prevent floatation, collapse, or lateral movement. Method of anchoring may include, but is not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable requirements for resisting wind forces. (i) All mechanical, electrical and plumbing equipment must be located at or above the BFE. This includes all heaters, air conditioners, compressors, fans, hot water heaters, laundry facilities, plumbing fixtures, etc. [Amd. Ord. 02-11 1/18/11] (j) Where enclosed space occurs below the BFE, openings are required to allow for automatic entry and exit of flood waters. FEMA requires a minimum of two (2) openings having a total new area not less than one (1) square inch per one (1) square foot of enclosed area. All openings shall be one (1) foot above adjacent grade. [Amd. Ord. 02-11 1/18/11] (k) Louvers, screens, or other opening covers shall not block or impede the automatic flow of floodwaters into and out of the enclosed areas. [Amd. Ord. 02-11 1/18/11] (I) Openings meeting the requirement of (j) and (k) above may be installed in doors. Doors by themselves do not meet the flood venting requirements. [Amd. Ord. 37-11 11/15/11]; [Amd. Ord. 02-11 1/18/11] (2) Mapped Areas: In all areas of special flood hazard where base flood elevation data has been provided on FEMA Maps, the following provisions apply: (a) Residential Construction: New construction or substantial improvement of any residential structure shall have the lowest floor, (as defined in Appendix "A" to these LDRs), including basement, elevated to or above base flood elevation. [Amd. Ord. 38-05 6/21/05] (b) Nonresidential Construction: New construction or substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, (as defined in Appendix "A" to these LDRs), including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be flood-proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. [Amd. Ord. 38-05 6/21/05] 4.5 - 40 SECTION 4.6.9 (D) (11) (c) (c) Lifts and the spaces below them must be operated by an attendant during all hours of operation. Upon closing, the parking attendant shall remove all vehicles from atop and beneath the Lifts and park them in an area where the customer may retrieve their vehicle. At no time shall the general public be permitted to operate the Lifts. (d) On-site staging spaces must be provided for the maneuvering of vehicles to facilitate the parking and retrieval of vehicles. At no time shall vehicles be staged within the adjacent public right-of-way. A minimum of two (2) staging spaces shall be provided for the first twenty (20) Lifts or less. One (1) additional staging space shall be provided for every twenty (20) additional Lifts or part thereof. (e) Lifts must be manufactured with a full bottom panel to contain fluids which may be emitted from vehicles while parked (oil, condensation from air conditioners, etc.) No wheel or chassis lift mechanisms (historically used at service stations) are permitted. (f) The balance of the required non-residential spaces shall be provided as "self-park" spaces. (g) For each lift provided, a minimum of 75 sq. ft. of landscaped area over and above the minimum required by code must be provided and shall be located to provide a view corridor for the general public. Lots of record having a width less than fifty feet (50') shall be exempt from the requirement of this additional landscape / open space; (h) The Lifts shall be regularly and routinely maintained to ensure safety and dependability of operation and minimization of operational noise levels. Maximum sound levels shall not exceed applicable thresholds as stipulated in Chapter 99 of the City Code of Ordinances. (E) Location of Parking Spaces: (1) Street parking, parking located in the public right-of-way, or parking located in public parking facilities shall not be used to satisfy on-site parking requirements, except as provided for herein. The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to the requirements of Section 4.6.9(E)(3)(e) and Section 4.6.9(E)(4)(d), the construction of additional on-street public parking may reduce the number of in-lieu and public parking fee spaces required. [Amd. Ord. 58-06 10/17/06]; [Amd. Ord. 74-04 1/18/05]; [Amd. 53-02 1/7/03]; [Amd. Ord. 4-99 2/2/99] 4.6 - 51 SECTION 4.6.9 (E) (2) (2) Required off-street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required, except as provided for within this Subsection (E). When the provisions of Sections 4.6.9(E)(3) or 4.6.9(E)(4) cannot be applied and where adequate right-of-way exists, construction of additional on-street parking spaces directly and wholly abutting the lot, or parcel, may be counted towards the off-street parking requirement of the lot or parcel it is intended to serve, provided that: (a) The adjacent right-of-way has not been previously utilized for parking or, in cases where the adjacent right-of-way has been used for parking only those spaces in addition to the number of existing spaces shall be counted; (b) Such parking spaces are clearly marked on the site plan and designed in accordance with appropriate City, County or State standards, as applicable; and, • (c) Such parking spaces shall be publicly accessible and cannot be reserved or restricted by the owner(s) or tenant(s) of the lot or parcel, unless approved by the City Commission for special events or valet parking. One parking space credit shall be given for each additional full space constructed abutting a lot or parcel. No part of an on-street parking space shall extend past a side property line of the lot it serves. On-street parking located on the opposite side of the right-of-way, and within the property lines, as extended to the opposite side of the right- of-way, may be counted toward fulfilling the off-street parking requirement when the adjacent lot is a railroad or waterway, and it does not warrant parking. In the event the City, County or State removes the parking spaces at any time for a public purpose, the property shall be considered lawfully nonconforming with respect to parking. [Amd. Ord. 58-06 10/17/06] (3) In-Lieu Fee: Subject to the limitations of this Section, new development, use conversion to existing buildings, building additions and/or renovations, that result in the requirement to provide new parking or additional parking, have the option of requesting some of the parking spaces to be approved by the City Commission through the payment in-lieu of parking program. Required parking for exclusively residential development or residential components of mixed use developments are not eligible for this in-lieu option. A maximum limit of 30% of eligible required parking can be provided under this option, except for use conversions for which there is no maximum. Before granting such approvals, the City Commission must find that adequate public parking options are available and that the request is consistent with the Land Development Regulations, City Comprehensive Plan, and all currently adopted City policies and/or studies. [Amd. Ord. 40-11 11/15/11]; [Amd. Ord. 21-11 8/2/11]; [Amd. Ord. 02-08 2/19/08]; [Amd. Ord. 74-04 1/18/05]; [Amd. 53-02 1/7/03]; [Amd. Ord. 4-99 2/2/99]; [Amd. Ord. 64-93 11/23/93]; [Amd. Ord. 14-93 2/9/93] 4.6 - 52 SECTION 4.6.9 (E) (3) (c) (c) All proceeds from such a fee shall be used for parking purposes. [Amd. Ord. 64-93 11/23/93, Amd. Ord. 14-93 2/9/93] (d) For property owners opting to pay in full, or lessees of properties, payment of the in-lieu fee is due upon issuance of a building permit. [Amd. Ord. 17-03 7/22/03]; [Amd. 53-02 1/7/03]; [Amd. Ord. 4-99 2/2/99] The in-lieu fee may be paid in full upon issuance of a building permit or in installments. Applicants for an in-lieu fee which is not paid in full at time of permit, must enter into an In-Lieu of Parking Fee Agreement with the City prior to or upon issuance of a building permit. Such agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The obligations imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in-lieu parking fees including attorneys' fees and costs. In-Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In-Lieu of Parking Fee Agreement is entered into, installment payments shall be made over a three-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. [Amd. Ord. 21-11 8/2/11];.[Amd. 42-06 8/15/06]; [Amd. Ord. 17-03 7/22/03]; [Amd. 53-02 1/7/03]; [Amd. Ord. 4-99 2/2/99]• (e) In addition to in-lieu fees due, where adequate right-of-way exists adjacent to a proposed project for which an in-lieu parking fee has been approved, the applicant must construct additional on-street parking, not to exceed the total amount of spaces subject to in-lieu fees unless authorized by the City Commission. The applicant will be credited up to one-half of a parking space for each full parking space constructed within public right-of-way. (For example, the applicant requests to pay the in-lieu fee on 4 spaces; the applicant constructs 4 spaces in the right-of-way; the applicant must only pay the in-lieu fee for 2 spaces). Crediting of spaces constructed in the right-of-way resulting in a fraction shall be rounded down. Credit may not be taken for those parking spaces constructed in the public right-of-way which are required to meet the performance standards for. new developments. [Amd. Ord. 74-04 1/18/05]; [Amd. 53-02 1/7/03]; [Amd. Ord. 4-99 2/2/99] 4.6 - 55 SECTION 4.6.9 (E) (3) (f) (f) Requests to allow in-lieu fee payments that are not associated with a site plan or a site plan modification shall expire two years after such request is approved. The fee charged shall be the fee that is set forth in the Land Development Regulations at the time payment is made for spaces required to accommodate the associated site plan or site plan modification. [Amd. Ord. 23-07 7/24/07] (4) Public Parking Fee: When parking requirements are applied to new development, in-fill development, which has been vacant for five (5) years or longer, from a change of use, or adding floor space to an existing building; the City Commission may approve the payment of a fee towards the construction of a public parking structure in-lieu of providing such required parking on-site. This option cannot be utilized in conjunction with the In-Lieu Fee provisions of subsection 4.6.9(E)(3) or Section 4.6.9(B)(4), where private land is acquired by a governmental entity for parking or park purposes. [Amd. Ord. 02-08 2/19/08]; [Amd. Ord. 79-05 1/3/06] (a) For properties located within 600' of a programmed public parking facility, excluding property zoned CBD and/or CBD-RC, an alternative to providing all the required parking on-site is to contribute towards the construction of the parking facility. The cost per space shall be based upon the location of the property for which the public parking fee is being sought. Area descriptions and corresponding fee amounts are hereby established as follows: If for whatever reason the public parking does not get built the City shall retain the fee to provide parking or parking maintenance in the quadrant of the City where the development is located. [Amd. Ord. 79-05 1/3/06] (1) Area 1: Parcels located east of Swinton Avenue and South Dixie Highway - $18,000 per space. [Amd. Ord. 79-05 1/3/06] (2) Area 2: Parcels located west of the Swinton Avenue and South Dixie Highway- $16,000 per space. [Amd. Ord. 79-05 1/3/06] (b) The Public Parking Fee is limited to no more than 25% of the total required parking of a development not to exceed 10% of the total number of parking spaces associated with the Programmed Public Parking Facility. Within a Programmed Public Parking Facility, a maximum of 25% of the total number of parking spaces provided within the Facility are available to the Public Parking Fee Program. [Amd. Ord. 79-05 1/3/06] (c) When a programmed public parking facility is not anticipated to be constructed within three (3) years of site plan approval of the proposed development, a building permit will not be issued unless the proposed development constructs additional on-street parking within the right-of- way adjacent to the development equating to 75% of the total number of spaces subject to the Public Parking Fee. [Amd. Ord. 79-05 1/3/06] 4.6 - 56