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HPB-11-18-09
4( ` OA AGENDA 0_ 4 HISTORIC PRESERVATION BOARD Meeting Date: November 18, 2009 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. APPROVAL OF MINUTES: • April 15, 2009 V. CERTIFICATES OF APPROPRIATENESS A. 154-170 NW 5th Avenue, S.D. Spady Museum and Cultural Arts Center, West Settlers Historic District — City of Delray Beach, Property Owners; EPOCH, Applicant; Judson Architecture, Inc., Authorized Agent. Consideration of a Conditional Use (2010-016) request for an amphitheater. B. 124 North Swinton Avenue, Old School Square Historic District— Isabella Investments, LLC, Property Owner; Perez Design Incorporated, Authorized Agent/Applicant. Consideration of a Class III Site Plan Modification and Certificate of Appropriateness (2009-294) for demolition of a non-contributing accessory structure, and construction of a new accessory structure to accommodate additional office space. V. REPORTS AND COMMENTS • Public Comments • Board Members • Staff • 2010 HPB Schedule • Upcoming Meetings VII. ADJOURN anup E. CZ& wte z Amy E. Alvarez Historic Preservation Planner Posted on: November 13, 2009 MINUTES OF THE HISTORIC PRESERVATION BOARD PUBLIC HEARING/REGULAR MEETING CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA MEETING DATE: April 15, 2009 LOCATION: CITY COMMISSION CHAMBERS MEMBERS PRESENT: Roger Cope, Toni Del Fiandra, Rhonda Sexton, and Tom Stanley MEMBERS ABSENT: JoAnn Peart, and Dan Sloan a= STAFF PRESENT: Amy Alvarez, Brian Shutt, and Denise I. CALL TO ORDER The meeting was called to order by Chairman DelsFiandra at 6:00 p.m. No one from the Public addressed the Board on non-agenda items. Chairman Del Fiandra read a summoriOf the Quasi-Judicial.Hearing procedures. The Notary swore in individuals for testimony II. ROLL CALL Upon roll call it was determined tfat::a quorum was present .4. III. APPROVAL OF AGENDA •,1 e .1 IV. PUBLIC HEARING A. Consideration of a.City-Initiated;Ordinance 15-09, acceptance of the resurvey report for the Del- Ida Park Historic DistrncI:includingextending the Period of Significance to 1970 and reclassifying 49 properties from non-contributinq:to contributing. Ms. Alvarez entered the project into the record. Review by Others: The Community``Fedevelopment Agency (CRA) will review the subject Ordinance at its meeting of April 16,'2009, when a recommendation will be made to the City Commission. Mr. Jason Blunt, 10 NE 5th Street, advised he is opposed to the designation on behalf of the residents of 5th Street, and advised those homes over the years have had significant changes made to them and the changes basically tie in with the guidelines for non- contributing structures. The report is not accurate and there are several changes on these homes that took place in the 1980's. If these homes were significantly changes they should not be contributing. We do not meet the age requirements, they are not contributing to the care, and they do not have significant designs. Another of our concerns is the negative impact on the property values. 1 Minutes - Historic Preservation Board Meeting —April 15, 2009 Ms. DelFiandra advised Ms. Alvarez would discuss the advantages of being designated historic. Mr. Blunt inquired how would the neighborhood benefit, would they get more lighting. We have had a lot of crime on 5th Street in the last two years. Mr. Barry Kline, 228 NE 5th Street, advised this home was built in 1952. Since then the porch was enclosed, and there is a different roof line. My son purchased the house in 2005, and the objective was to live there temporarily. When he started a family the house would be demolished and a more suitable house would be built on the site. This house differs from any on the street. It is not historically significant. Photos were handed out to the Board. Mr. Randall Stofft, Architect, advised he owns two properties in Del-Ida Park, and has designed a couple of new homes and put some additionsadditions;:giiiiilem. My issue is the overlay will further handcuff this neighborhood from building. Restnctions;are already in place. It is such a reach to declare most of these homes historic. I donk:;want to handcuff the neighborhood. I do agree that there are some of;;th`ose on a case by case basis that could be looked at but I don't see the need to cover it this way. Mr. Scott Correale, 527 N. Swinton Avenue, .advised being intimately familiar with the process, Mr. Stofft is right houses should be designated on a case by case basis. People have actually come up and knocked on our door that_th'ey Were very vocal about building our house. We have the last new homa:in that area. 'What I am hearing from this group is a cinderblock home should not be designated_histonc • Ms. Kim Dwyer, 112 Dixie Boulevard,a advised she;would like see Del Ida Park prosper. This intimidates people from,.wanting to improve and enhance-their homes. Lately this area is looking down trodden We also have the;Design Guidelines in place. Ms. Alvarez ady, di the benefits'. of having contributing house is that when you want to add on to it the address additions:or making changes. There is also a program in place for a ten year tax exemption on the improvements that you are making to the property ,In order to be eligible for the exemption you need to be contributing at the time. That is,one ofth s m e benefits people have taken advantage of. In regard to the non- contr,ibuting homaes.,tthere i,are no criteria in the LDRs regarding demolition. With a contributing house y&i\have.to,;prove it warrants demolition, i.e., with engineering reports and=appraisals. There`are;:some good examples on Swinton Avenue where they put in sizable additions or a guest cottage,. Properties on 5th Street are typical of 1960 contemporary design. 10 NE 5th Street is th.d.:I st,of seven;properties the consultant noted it as being fairly unaltered and still in scale with t}eneighborhood. In regard to 228 NE 5th Street constructed in 1952 he notes it is typical of the1960's flat roof contemporary design. Board Discussion: Mr. Cope inquired if there was anything in place to go back to Heisenbottle and recommend a select block or half a block. Ms. Alvarez advised the contract would be amended, and it would have to go before the City Commission for approval. R. J. Heisenbottle is very well respected with extreme historic expertise. It might be interesting to know if we should consider taking a handful of properties and maybe going back to Heisenbottle for clarification or further analysis to justify when they were moderately altered vs. severely altered. 2 Minutes - Historic Preservation Board Meeting —April 15, 2009 Ms. Sexton advised a lot of the properties in question were built between the 1960's and 1970's. Maybe it is the time element we should take a better look at. There are some significant 1950 houses that I love and hope they would remain. Maybe we should take a look at the time element and ask the surveyors how important it is to extend it into less than a 50 year time frame. Mr. Stanley agreed with Ms. Sexton and mentioned a lot of the houses that are post-war minimal transitional you will get out of post-war. We need to look at the time period. There are a few cases that need to be looked at. Mr. Shutt advised you might want to table this item, and re-notice'for this to come back to the Board. Ms. Alvarez advised a recommendation could„,:be "rriade to City Commission. Maybe we can look at them again when we do the survey:_irfive:years. Mr. Stanley advised we don't have to follow this to the..letter. Ms.''�Sexton advised if the time frame was changed it would qualify the neighborhood and we can resurvey in five more years. We could remove two of the houses on7t`'., one on 5th, and seven'on 5th for a total of ten houses. If you want to make the cutoff date400 1959 Mr. Cope advised we should only take the seven houses;>out of 5th Street.'" Mr. Stanley advised we can probably postpone this to a date ce tai 'Mr. Shutt advised you are directing staff to come back at a date certain..and Ms. Alvarez, will have the information you are looking for and the justification 1 Reducing the time frame, roll it back ten years vs. just picking a block or group of houses we 'don't. think fits: without changing the period of significance. Mr. Stanley inquired what the'difference is.::between contributing and non- contributing when you aremaking a change Motion made by Ms Del Fiandra;seconded by Ms. Sexton, and approved 4 to 0 (Ms. Peart, and Mr. Sloan absent) to recomriend to table this item to time certain of June 17, 2009 to the City Commission of Ordinance 15-09, accepting the resurvey report for the Del-Ida Park Historic District, '':including extension of the; Period of Significance to 1965, and reclassification of 48 properties from'non contributing to contributing. B. Consideration of`s.`City-Initiated, Ordinance 16-09, acceptance of the resurvey report for the Old School Square Historic. District including extending the Period of Significance to 1965 and reclassifying 23 properties from''non .contributing to contributing. Ms. Alvarez entered the project file into the record. Review by Others: The Pineapple Grov..,eAdvisory Board (PGAB) reviewed Ordinance 16-09 at its meeting April 1, 2009, where a recommendation of approval was made. The Downtown Development Authority (DDA) will review Ordinance 16-09 at its meeting of April 13, 2009. The recommendation will be available at the HPB meeting. The Community Redevelopment Agency (CRA) reviewed Ordinance 16-09 at its meeting of April 16, 2009, where a recommendation was to approve with the option to opt-out. 3 Minutes - Historic Preservation Board Meeting —April 15, 2009 Public Comments: Ms. Gail McDermott, 721 SE 3' Avenue, advised she was a past member of the Historic Preservation Board was concerned that all of the property owners had not been notified. She advised she is not interested in her neighborhood becoming a historic district. Ms. Cheryl Abramson, 21 NE 2nd Street, advised she has been a member of the National Trust for Historic Preservation for twenty years, and is familiar with what is contributing and non- contributing. Our home was moved to the current address in 1993 and it is not a historical property. Ms. Alvarez advised they are based on National Registry Guidelines:. A property can still be relocated and gain a contributing classification just because it was,_moved within 50 years does not mean that it is restricts it. Ms. Abramson advised her structure has been altered and we have had major renovations done. We have new windows ;;We:are..requesting that we be non- contributing. You need to go by the guidelines and meet?the National Register criteria. Ms. e,t Alvarez advised this is at the local level. We don't havo follow them strictly. We do adhere as best as possible. All of our criteria are very typical - 'Ms. Alvarez advised the OSS Historic District is not nationally listed. The CRA property.was;'relocated and it is individually designated. Ms. Shutt advised there is no provision here to sallow property, owners to opt out. The City Commission would have the final say. Mark Kroll, Esquire, representing Docs,:advised that Does.and Dunkin Donuts parcels are leased to separate business tenants, and are:tied to.each other'by a,.parking agreement. Docs has had several owners in the past. The `menu ;>concept has changed and the building has no significance, and the back of the building;;is unsightly The tenants are paying rent beyond the rental rate. It has been the intent of thefamily to :have the flexibility in the future to redevelop nsi these parcels. It is an ughtly,,,,building,'an,d we urge you�to not consider the Docs property as contributing. The daughter and:`son-in-law Kevin;Egan would`like to revitalize Docs. They would have no problem with going to th&Historic Preservation Board for approval. The City is going to have to figure outwhat they wanttodo. Public Hearing Closed Board.Discussion; Mr :Cope advised thatDocs is'architecturally important in the district. What do you think of the Downtown Development;;Authority's;;.(DDA) recommendation? Mr. Stanley advised we will protably.table this again;until it is sorted out by staff. Ms. Sexton inquired if that would b the final process. Ms. Alvarez`advised we have heard from a couple of property owners in this district tonight and we have the rep'ortthatCould go forward to City Commission and they would make that decision. We already have'tl*criteria for clarification in the LDRs. Mr. Shutt advised the study advised they should be in the district. You would like to have more refined information. Ms. Alvarez advised the DDA did not look at this as it was not in their area. Mr. Stanley advised we need more time to talk to staff about these issues. Mr. Shutt advised based on the reasoning in the other one I don't see the same. Mr. Shutt advised if you decide to pass this tonight it is only a recommend and it would go to City Commission. Ms. DelFiandra advised we could take a similar approach like the DDA did. Mr. Shutt advised the only thing about having the provision that allows people to opt out if it is not based on certain criteria. If you have a professional who comes up with the criteria, this is a different situation here. The way an ordinance is set up if you are contributing it is based on a 4 Minutes - Historic Preservation Board Meeting —April 15, 2009 certain standard. If you offer an opt-out provision and a resurvey at a later time it would set a precedent. It would be good if we could have some sort of criteria if you have certain issues with the property owners that spoke. We could refine the ordinance. The opt-out would set a precedent. If you want you have to go back and take a closer look. Motion made by Mr. Stanley, seconded by Mr. Cope, and approved 4 to 0 (Ms. Peart, and Mr. Sloan absent) to table approval of this item to time certain of June 17, 2009 to the City Commission of Ordinance 16-09 providing for the extension of the Period of Significance to 1965, reclassification of 23 properties from non-contributing to contributing, support for preparation of an application for listing on the National Register of Historic Places, and support for further research into the southern boundary expansion,to SE 4th Street. C. Consideration of a City-Initiated Ordinance 17-09, acceptance of;t}eresurvey report for the West Settlers Historic District including extending the Period of Significance to 1970, reclassifying 6 properties from non-contributing to contributing, and removal:of'the;iAtlantic Grove Development from within the Historic District boundaries. Ms. Alvarez entered the project file into the recordiMs. Alvarez advised;this district is a little different as it is our only African/American areas;.:In addition to the tax break:;the Community Redevelopment Agency (CRA) has additional` programs in place and grants are also available for the area. 211 NW 1st Street was omitted from,list. Review by Others: :'•..:'- The Downtown Development Authority '(DDA), reviewed wiii_ review Ordinance 17-09 at its meeting of April 13, 2009. The recommendation was to approve with the option to opt-out. The Community Redevelopment Agency (CRA)will review Ordinance 17-09 at its meeting of April 16, 2009, where a-recom(Mendation'will be'forwarded`to the City Commission. The West Atlantic Coalition WARC) will review Ordinance 17-09 at its meeting of May 13, 2009k where, a recommendation will be forwarded to the City Commission, upon 2 ;reading It is;noted.that the April WARC meeting was canceled due to a holiday onApril 8, 200:9, whiich resulted in:tt a delayed recommendation. Publlc' :-. Ms Julie Benjamin, 107; NW 4th Street, inquired if this was the same company that did the survey back in 1977. She advised she took out a loan from the CRA and I was non- contributing;_and the house across the street from me was contributing. I am aware from one of my neighbors thatwe cannot get qualified for a grant. Is there anything you can do to work this out'? J havea;g°uest house that I would like to fix up. They are trying to revitalize the neighborhood iii`' • Ms. Alvarez advised she did not know if there was anything the City could do to work with the CRA because you have been reclassified. Maybe we can work that out with the CRA. If you are contributing you can do the grant and the loan. I was speaking to Ms. Diane Colonna, Director of the CRA, and she advised you cannot do both. Ms. DelFiandra advised the CRA is involved in her property and they have always been objection to the West Settlers District. Ms. Alvarez advised this will go to the CRA on April 16, 2009. 5 Minutes - Historic Preservation Board Meeting —April 15, 2009 Mr. Bryce Newell, 103, NW 3`d Avenue, advised he was a little unclear, and inquired what would happen if we chose to be contributing. I would like to become contributing. By Separate Motions: Motion made by Ms. Sexton, seconded by Mr. Stanley, and approved 4 to 0 (Ms. Peart, and Mr. Sloan absent) to recommend approval to the Planning and Zoning Board regarding Ordinance 17-09, with respect to the LDR Amendment to Section 4.5.1(L)(5), West Settlers, pursuant to LDR Section 2.2.6(D)(5). Motion made by Ms. Sexton, seconded by Mr. Cope and approved 4 to 0 (Ms. Peart, and Mr. Sloan absent) to recommend approval to the City Commission`of Ordinance 17-09 for the extensions of the Period of Significance to 1970, reclassification of 6 properties from non-contributing to contributing, removal of historic designation of the Atlantic Grove Development from within the West Settlers Historic District, and;support for the preparation of an application for listing of the SD Spay Museum;.and La France on the National Register of Historic Places subject to the following 1. That the property at 211 NW 1st Street be added to the list of propertiesto be reclassified as contributing. V. CERTIFICATES OF APPROPRIATENESS A. 1026 Nassau Street, Nassau Park Historic District:-:;;Jennifer Lee, Property Owner; Roy Simon, Authorized Agent. Ex-Parte Communication: 'Svi•S'. Mr. Cope spoke to Mr Simon,.:and Ms Sexton drove by'the property. Ms. Alvarez entered the project file No. 200474 into the record. Applicant: S Stir. S S ' Mr. RoySimoVArchitect. Authorized Agent or the property owner, advised that this was submitted on January 6, 2009, and the house was built in 1956. It is a little house on a small4ot and we decided to'make it habitable home for three children. We decided to keep vi'itl in;the guidelines of the distri ..This home is different than other homes on the block as it has,:_n,ever been altered : h We have enhanced it with the shutters and window sills. On the east elevation there is a;:very poorly built stucco facade. In the attic there is an opening about 161ches in diameter, and behind it is a 2 x 2 opening. We are proposing to expose the old ceiling::between tle rafters and expose the old ceiling and make a window to bring in some outdoor light,.,;: Th'e'roof on the south elevation will have an overhang protection for the two doors to the'o:utide patio. There is a staff room that extends to the property line and it houses a gas water heater and some storage. I want to replace that to the side of the building 5 feet from the property line. The fences wrap around the property. The roof over the first story is currently across the front of the building and we are chopping off two ends of it. Ms. Sexton inquired whey they switched from roller windows to casement windows, and why are there so many mullions. Mr. Simon advised they are replacing all existing windows to fit the existing openings. They are currently roller windows and jalousies. 6 • Minutes - Historic Preservation Board Meeting —April 15, 2009 Mr. Cope inquired whose windows are you going to use. Mr. Simon advised PGT. Mr. Shutt asked Mr. Simon if he had any questions of City staff. Mr. Simon advised no. Public Comments: Jennifer Lee, 1026 Nassau Street, advised when we started this project we wanted to make the Board happy. I believe in the preservation of Delray Beach. Thanks to Mr. Simon it is going to be a very pretty house. Board Discussion: Ms. Sexton inquired if there was parking in front of the house Ms. Alvarez advised they are maintaining their existing driveway. Would you want it;revased to make it shallower'? Ms. Sexton advised she would revise the parking lot in frpnt`of the house Ms. Alvarez advised they could do a connector that was not more than ;feet wide. Mr. Simon inquired what would be wrong in.parking a car in front of the house. They park them on the grass now. Ms. Alvarez advised the parking spaces cannot be within the front setback. However, this is grandfathered in. Mr. Cope advised he is supposed tomaintaina;:5 foot landscape buffer between the edge of the driveway and his neighbor to the ' Mr. Stanley inquired if tie driveway was being taken out -Mr�. Simon advised the material of the front paved areawill‘be resurfaced with Chicago brick. By Separate Motions: Certificate of Motion made by Mr:Stanley, seconded by Ms. Sexton, and approved 4 to 0 (Ms. Peart, and Mr, ;,Sloan absent) to.moveapproval of the Certificate of Appropriateness (2009-074)for 1026;;.Nassau Park, Nassau Park;:;Historic District by adopting the findings of fact and law contained in the staff report, and'finding that the request and approval thereof is consistent with the Comprehensive: Plan and meets the criteria set forth in the Land Development Regulations :the Delray. Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's;Standardsfor Rehabilitation, subject to the following conditions: 1. That a .6' right;of:way dedication is accepted by City Commission prior to building permit issuance; 2. That a five-foot'`'sidewalk easement and deferral along Nassau Park is accepted by City Commission prior to building permit issuance; 3. That the new sills are located only on the new window openings, with the plans revised to reflect this revision; 4. That the proposed shutters are made of wood; and, 5. That all notes and revisions are provided for certification prior to submittal of a building permit. 7 Minutes - Historic Preservation Board Meeting —April 15, 2009 • Variance Request— Side Yard Setback (West) Motion made by Mr. Stanley, seconded by Mr. Cope, and approved 4 to 0 (Ms. Peart, and Mr. Sloan absent) to move approval of the variance request to LDR Section 4.3.4(K), to reduce the required side-yard setback from 7'6' to approximately 5'1" associated with the subject development proposal, for the property located at 1026 Nassau Park, Nassau Park 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 the criteria set forth in LDR Section 4.5.1(J). Variance Request— Rear Setback (South) Motion made by Mr. Stanley, seconded by Mr. Cope, and approved 4 to 0 (Ms. Peart, and Mr. Sloan absent) to move approval of the Variance requestto LDR Section 4.3.4(K), to reduce the required rear setback from 10' to 7'6 1/2" associated with:::the subject development proposal, for the property located at 1026 Nassau;Par'k NassauPark Historic District, by adopting the findings of fact and law containediin the staff report'and finding that the request is consistent with the Comprehensive,.P7an=and meets the criteria.,set forth in LDR Section 4.5.1(J). VI. DISCUSSION AND ACTION ITEMS A. 2009 Historic Preservation Board:Awards ■ Selection of Winners to be recognized atpe May 5, 2009 City Commission meeting. 4t h :;ti.L VI I. REPORTS AND COMMENTS Public Comments i*,•• Board Members n VIII. ADJOURN There;being no further business to come before the Board, the meeting adjourned at 9:30 The undersigned is the Acting .Secretar'y''"of the Historic Preservation Board and the information provided herein as.;,the Minutes of the meeting of said body for April 15, 2009 which were formally adopted and approved by the Board on • Executive Assistant If the Minutes that you have received are not completed as indicated above,then this means that these are not the official Minutes.They will become so after review and approval,which may involve some changes. 8 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Applicant: EPOCH (Expanding and Preserving Our Cultural Heritage) Authorized Agent: Judson Architecture, Inc. Property Owner: City of Delray Beach Project Location: 154-170 NW 5th Avenue, West Settlers Historic District HPB Meeting Date: November 18, 2009 File No.: 2010-016-USE-CCA ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the Planning and Zoning Board on a Conditional Use request to establish an outdoor amphitheater at the S.D. Spady Cultual Arts Center located at 154-170 NW 5th Avenue in the West Settlers Historic District pursuant to LDR Sections 2.4.5(E) and 4.4.13(D). BACKGROUND & PROJECT DESCRIPTION The property is located on the west side of NW 5th Avenue and contains the circa 1926 two-story, 1,077 square foot S.D. Spady Cultural Arts Museum and the circa 1935 one-story, 965 square foot Susan Williams house. Each structure is individually listed on the Local Register of Historic Places; both are located in the West Settlers Historic District. The Mediterranean Revival style S.D. Spady House is recognized for its architectural significance in addition to its cultural significance as the home of a prominent black educator and community leader in the City. The Bungalow-style Susan Williams House is also recognized not only for its architectural significance but for its cultural significance. Susan Williams was a mid-wife who often provided the only medical service to the African-American community, within which it was located and remains today. In January 2006, a conditional use request for the same amphitheater was approved by the City Commission subject to the following: 1. That EPOCH receive written permission from St. Paul's for use of its parking facility for any particular event, or that other arrangements acceptable to the City are made; 2. That the amphitheater is not used if the parking arrangement with St. Paul's is terminated unless other parking arrangements are made which are acceptable to the City; 3. That EPOCH obtain City approval for any event at which more than fifty (50) attendees are expected; 4. That no more than three daytime and two nighttime events are held weekly. 5. That the hours of operation on Fridays and Saturdays not extend beyond 11:00 pm and 10:00 pm on all other days; 6. That EPOCH apply to the City for a special permit for any event where the amphitheater is to be rented to a third party, including approval of any amplified sound at the event. 7. That amplified sound be otherwise permitted only at Kids Cultural Club and EPOCH events. The noted conditions were required to address concerns regarding the potential impact on the surrounding residential neighborhood, and parking deficiencies. On December 11, 2007, the City Commission granted an eighteen month extension of the conditional use which was valid until July 3, 154-170 NW 5th Avenue—Amphitheater Conditional Use; 2010-016-USE-CCA HPB Meeting November 18, 2009; Page 2 of 4 2009. Unfortunately, the extension expired because the use was not established, therefore, a new conditional use request has been submitted for the amphitheater. Site Plan Modifications approved in 2006 and 2008 provided for the adaptive reuse of the Susan Williams House to a Community Cultural Arts Center, the construction of a two-story support facilities building for relocated office space from the museum, a concession stand, storage and restroom areas for visiting patrons. The plans for the aforementioned site improvements have been certified as approved by the Planning and Zoning Department Director and minimal additional information is pending for the issuance of a Building Permit. Once 25% of the total amphitheater cost has been invested, the use will be considered established. The application describes the amphitheater as follows: "A covered amphitheater will be constructed at the southwest corner of the site, with stage and seating for approximately fifty persons. The C. Spenser Pompey Amphitheater will be an ideal arena for an array of small gatherings. Expected year-round usage of the amphitheater will include program and holiday activities, as well as public use as a revenue source. The amphitheater will have audio and lighting systems that can accommodate voice, and music for small community theater productions. Small clusters of speakers will be hung below the stage proscenium, aimed away from the direction of the neighbors and adjusted to meet acceptable levels within the neighborhood. Use of the amphitheater will be limited to small gatherings for children's plays, senior discussions, Spady Day events, small weddings, jazz presentations and similar events on weekdays until 9:30pm and on weekends until 10:30pm. A staff member(s) will be on site for all events." The conditional use request is now before the Board for a recommendation to the Planning and Zoning Board. ANALYSIS As previously noted, the amphitheater use and its associated site plan were previously approved by the City Commission and Historic Preservation Board, respectively. These approved plans have been certified by the Planning and Zoning Department Director since they were found to be in compliance with the LDRs and all conditions of approval have been addressed. The current plans have not been revised; therefore, Staff's recommendation is to approve the amphitheater use subject to the previous conditions of approval. The applicable LDRs, which were met via the Site Plan Certification and/or the conditions of approval of the previous approval, are noted below: Pursuant to LDR Section 4.4.13(D)(10), an amphitheater is permitted as a Conditional Use within the Commercial Business District (CBD) zoning district. Pursuant to LDR Section 4.6.9(B), off-street parking shall be provided for any new category of use established. Additionally, LDR Section 4.6.9 (C)(6)(a) states that assembly halls, conference and meeting rooms, theaters, stadiums, civic centers, community theaters, cultural facilities, arts and crafts centers, and similar uses shall provide 0.3 of a parking space for each seat or 1 space for each 50 square feet of total floor area, whichever is greater. Therefore, the 965 square foot Susan Williams House requires twenty (20) spaces (965/50 = 19.3) and the amphitheater requires .3 spaces per seat (.3 spaces x 50 seats = 15 spaces) for a total of thirty-five (35) spaces. Pursuant to LDR Section 4.6.9(E)(4)(a), parking for day-to-day operation may be provided on other property within three hundred feet (300') provided that both properties are of the same general type of zone designation (i.e. commercial, industrial, office, etc.) or when the off-site parking site is zoned CF and a conditional use approval for use as a parking lot has been approved. 154-170 NW 5t°Avenue—Amphitheater Conditional Use; 2010-016-USE-CCA HPB Meeting November 18, 2009; Page 3 of 4 For uses and/or facilities that have large parking demands/requirements and which are otherwise subject to conditional use approval (e.g. stadiums, places of assembly, community and civic centers, recreational areas, etc.) such parking may be provided off-site. Eight (8) existing parking spaces are provided on site and additional on-street parking has been constructed along NW 5th Avenue, and there are municipal parking lots within the vicinity of the site. In 2005, the applicant submitted a letter from Saint Paul African Methodist Episcopal Church to address additional parking accommodations which states that "as part of the social, civic and community obligations the church is authorized to allow EPOCH the use of its facility when such use does not conflict with church activities." The parking deficiency was addressed with the previous approval via the following conditions of approval: 1. That EPOCH receive written permission from St. Paul's for use of its parking facility for any particular event, or that other arrangements acceptable to the City are made; 2. That the amphitheater is not used if the parking arrangement with St. Paul's is terminated unless other parking arrangements are made which are acceptable to the City; 3. That EPOCH obtain City approval for any event at which more than fifty (50) attendees are expected; With respect to the compatibility of the amphitheater and pursuant to LDR Section 2.4.5(E)(4), the City Commission must make findings that establishing the condition use will not: (a) have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; nor (b) hinder development or redevelopment of nearby properties. While the applicant has indicated that small clusters of speakers are proposed to be hung below the stage proscenium, aimed away from the neighbors and adjusted to meet the acceptable levels within the predominantly residential neighborhood. A review of surrounding land use patterns show that residential uses exist to the east across NW 5th Avenue and to the west where residential lots abut this site ten feet (10') from the amphitheater. Those concerns regarding the amplified sound were previously addressed via the following conditions: 1. That EPOCH obtain City approval for any event at which more than fifty (50) attendees are expected; 2. That no more than three daytime and two nighttime events are held weekly. 3. That the hours of operation on Fridays and Saturdays not extend beyond 11:00 pm and 10:00 pm on all other days; 4. That EPOCH apply to the City for a special permit for any event where the amphitheater is to be rented to a third party, including approval of any amplified sound at the event. 5. That amplified sound be otherwise permitted only at Kids Cultural Club and EPOCH events. RECOMMENDATION Move a recommendation of approval to the Planning and Zoning Board for the request of a Conditional Use (2010 associated with an Outdoor Amphitheater within the CBD (Commercial Business District) zoning district located at 154-170 NW 5th Avenue, West Settlers Historic District pursuant to LDR Sections 2.4.5(E) and 4.4.13(D), subject to the following conditions: 1. That EPOCH receive written permission from St. Paul's for use of its parking facility for any particular event, or that other arrangements acceptable to the City are made; 2. That the amphitheater is not used if the parking arrangement with St. Paul's is terminated unless other parking arrangements are made which are acceptable to the City; 3. That EPOCH obtain City approval for any event at which more than fifty (50) attendees are expected; 4. That no more than three daytime and two nighttime events are held weekly. 5. That the hours of operation on Fridays and Saturdays not extend beyond 11:00 pm and 10:00 pm on all other days; • 154-170 NW 5th Avenue—Amphitheater Conditional Use; 2010-016-USE-CCA HPB Meeting November 18. 2009; Page 4 of 4 • 6. That EPOCH apply to the City for a special permit for any event where the amphitheater is to be rented to a third party, including approval of any amplified sound at the event. 7. That amplified sound be otherwise permitted only at Kids Cultural Club and EPOCH events. Report prepared by:Amy E. Alvarez, Historic Preservation Planner Attachments: • Location Map • Site Plan • Floor Plans • Elevations 'COMMUNITY) \ I I TRINITY CHILD \ LUTHERAN CARE CENTER I D A ROAD H.W. 4TH ST. ICASON METHODIST - I CHURCH S.D. SPADY ' ELEMENTARY SCHOOL w • a a a a a N.W. 3RD ST. > w . CITY ATTORNEY r. n BUILDING ST. MARTIN LUTHER KING JR. — DRIVE 0 z N 2 1- x' I z CITY I t HALL 1ST ST. - I ■ uwuu - Z 3 ,i s- = COMMUNITY z z z z_= =z CENTER FIRE EW111 = STATION = 111111 me 1111- TENNIS STADIUM AMOCO NO. 1 • ATLANTIC AVENUE POLICE SOUTH I COMPLEX COUNTY -- COURT HOUSE 4 ¢ a a 1 " :.',,, N SPADY CULTURAL ARTS COMPLEX `. SUBJECT PROPERTY '•,' �— o �_ 154-170 NW 5TH AVENUE �" 4 PLANNING AND ZONING *'Pgby giNV DEPARTMENT -- DIGITAL EASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File—Cab\Z—LM 1001-1500\LM890a_Spady Cultural Arts Complex • � __i . EXISTING W000 POLE .,.,.. TO BE REMOVED COSTING 6'-0"NIGH e1AoY m GOY A.G0LLX \ �� CHAIN LINK FENCE(TIP.) :iw,rwnw PROPOSED B'-B"HIGH CONC.BLOCK ��.�,e „w..nx,.mw ,oxi.m �� I OUMPSTER ENCLOSURE W/TWO PAIRS E%ISTIII LIGHTING I I,a tw nv Knwm MORE arw rxx,vmn o 4'-0"WIDE X 8'-B"HICK W000 DOORS FIXfUR TO BE REMOVED I I aA•tl�4 It lw ,, { " ,,. _ 137.B3' / Imt .+...,. �-, �. r---.- —�—.—a-gT— x—.-•-,.. �II�rti- u--,.• I PROPOSED PAIR OF 9,_p" M. 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P`i Ix 'STUCCO.SKIP- I, - �.H P.T.WOOD PICKET FENCE m U E _R TROWEL FINISH,PAINTED W/GOTHIC POST CAP. r 6 (c1 o (TIP.) l PAINTED(TTP.) 1n PILASTER RISE W/i' e,S1heA l III •it lil�III III •1r COLUMN BASE W/p" 0 1L i] SMOOTH STUCCO FINISH, I I I SMOOTH STUCCO FINISH, 0 3'Z PAINTED(TYP.) — PAINTED(TIP. [ rp a F.E.STAGE F'L.L STAGE 6 Z GRADE GRADE am GI.IL01 •att A8 SHOWN OSOUTH ELEVATION �a, wrt.VLTA 2 V4•-1-0• n8v•Y. Ain SCALE. anR1a ll.ra 06A012 New Ia A3.4 HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH STAFF REPORT MEETING DATE: November 18, 2009 ITEM: 124 North Swinton Avenue, Old School Square Historic District (Great American Beauty) — Certificate of Appropriateness and associated Class III Site Plan Modification, Landscape Plan, and Architectural Elements for the demolition of a non-contributing detached garage and construction of a two-story, detached accessory building for office use. GENERAL DATA: �I 1d�U� T - - --- — Owner Isabella Investments, LLC — — — — Agent. Perez Design, Incorporated :_ii Location. ... 124 North Swinton Avenue Nw` J' NiE sao- Property Size. .23 acres — - Future Land Use Map:... Other Mixed Use (OMU) Nr4 FY EH 1 B1J LDII C - ' Current Zoning. Old School Square Historic Arts rr • District (OSSHAD) ►7 a+o . WARM 1.4.91-ZK 41G aatit'y,MX 2_,47 Adjacent Zoning _ _ CAN •Ill_ North: OSSHAD — _ AL —_ —r South: OSSHAD _ # —I East: OSSHAD — West: OSSHAD — MI 1 — L '! 1E7 ST. Is--- 5, Existing Land Use* Office ' — — Proposed Land Use. Office __ ab moNR f — Water Service. Existing on site TENNIS OLD 5 rA9IL41 III ( scrims III j SW.ARE Sewer Service- Existing on site ATLANTIC AVE saute f I I '; ' ill l l COUNTY r -,�— .4— COURT z 1—r-- I o—) Li 6 1 I iS 1E7 ST SE 1ST ET. III I III , 11111 vf — — — } ITEM BEFORE THE BOARD The item before the Board is the approval of a Certificate of Appropriateness that incorporates the following aspects of a development proposal for the property located at 124 N Swinton Avenue, Old School Square Historic District, pursuant to Land Development Regulations (LDR) Section 2.4.5(F): • Class III Site Plan Modification; • Landscape Plan; and, • Architectural Elements. The subject property is located on the west side a of North Swinton Avenue, between NW 1st and 2nd Streets. BACKGROUND & PROJECT DESCRIPTION The subject property consists of the south 4.5' of Lot 11 and the north 70.5' of Lot 12, Block 59, Town of Delray and is zoned OSSHAD (Old School Square Historic Arts District). A circa 1910 frame vernacular style, two story structure remains on the property, along with a circa 1985 one-story accessory structure located along the alley. In 1993, the property was converted from a single-family residence to retail use along with associated site improvements such as landscaping and parking. 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. Previous COAs reviewed by the Board include the following: • 1993 — Consideration of alternatives to demolition of a contributing guest cottage on the property. Demolition occurred per Board's approval. • 1993 - Restoration of the front porch and exterior color changes [pale yellow (body), white (trim), and pale orchid (window frame)]. • 1993 - Site Plan, Landscape Plan, Design Elements, and two Waiver Requests for the conversion of the two-story, single family home to retail use, use of a portion of the garage as storage, construction of a parking area, installation of associated landscaping, installation of a fence, and installation of a pole mounted sign. The waiver requests consisted of the reduction of the required five foot (5') wide landscape strip along the north property line and to the requirement to install trees within the reduced landscape strip. • 2002 — Site Plan Modification for conversion of garage to retail, and associated site improvements such as parking and landscaping. Improvements not undertaken. • 2009 — Replacement of original wood windows with impact rated windows replicating original window configurations. The property owner has recently completed a thorough interior restoration of the historic structure. PROJECT DESCRIPTION The development proposal includes the demolition of the one-story, detached garage, and construction of a two-story accessory structure containing approximately 1,000 square feet for additional office space. The details of the proposal are as follows: • Height: 26' 1" (Mean) • Materials: o Siding: Hardiplank Lap Siding @ 7 1/4" width o Shutters: Pressure treated wood to match existing shutters on principal structure o Decorative Brackets: Pressure treated wood o Roof: Asphalt shingle to match principal structure 124 N Swinton Avenue,Great American Beauty,2009-197-SPF HPB Meeting November 18,2009 Page 2 of 13 o Windows: Single light, aluminum, impact rated windows • Colors (All to match existing): o Siding: Pink o Trim: White o Shutters: Green o Windows: White o Roof: Gray o Railing: White • Construction of a connecting roof covering between the two structures; and, • Landscaping improvements as required by the proposed improvements. An additional four spaces were required to meet the parking requirement of 13 spaces; therefore, the purchase of four (4) in-lieu spaces were requested and approved by the City Commission at the May 19, 2009 meeting. A COA, Class IV Site Plan application and associated components are now before the Board for consideration. SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 2.4.5(F)(5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property exists within the OSSHAD zoning district and is bounded by commercial and multi-family uses. Compatibility with adjacent uses is not a concern as the site plan will be compatible and harmonious with adjacent development when the attached conditions of approval are met. In addition, it is not foreseen that the new development will cause "substantial depreciation of property values" as the overall design is deemed generally compatible and harmonious with the historic district. Based upon the analysis within the report, a positive finding can be made with respect to LDR Section 2.4.5(F)(5), subject to recommended conditions of approval. LDR Section 4.4.24(B)(3) —OSSHAD Zoning District, Principal Uses and Structures Permitted The proposed office and residential spaces are permitted within the subject LDR Section. The following tables compare the proposal with the requirements of LDR Sections 4.3.4(K), Development Standards Matrix: 1 Requirement Proposed Building Height—Maximum 48' 26'1" Open Space-Minimum 25% 32.88% Setbacks Front (East) 25' 25' + Side Interior (North) 7' 6" 23' 9" Side Interior (South) 7' 6" 7' 8" Rear (West) 10' 27' 124 N Swinton Avenue;Great American Beauty,2009-197-SPF HPB Meeting November 18,2009 Page 3 of 13 LDR Article 4.6 —Supplemental District Regulations: Refuse Enclosure Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. The development proposal provides a 4" concrete pad on the south side of the proposed structure where roll-out bins will be located. Detailing regarding the screening of these bins has not been provided and has been included as a condition of approval. The recommended solution would be the installation of a wood, capped-picket fence at 4' in height. Lighting Decorative gooseneck lighting fixtures are proposed for the exterior of the proposed structure with complementary accent lighting provided at each entry. Pursuant to LDR Section 4.6.8(B)(3), Illumination Standards, the minimum and maximum illumination for both multi-family and commercial uses are noted below. While the proposed use is commercial (office) the lighting standards may be likened to those of multi-family in that the OSSHAD zoning district strives to maintain a residential character. Maximum Foot Candles Minimum Foot Candles Required Provided Required Provided Parking Lot: Multi-Family - Commercial 4 - 12 2.6 .3--1 .5 As illustrated in the chart above, the proposal complies with the minimum and maximum illumination standards based on the explanation above in applying both multi-family and commercial lighting requirements. However, the Board should consider requiring that the maximum foot candle be within the range noted above (4-12) as it proposed at 2.6. This has been added as a condition of approval. Based on the above, positive findings can be made with respect to the provided lighting. Bicycle Parking Pursuant to LDR Section 4.6.9(C)(1)(c)(3), bicycle parking facilities shall be provided at any non- residential use within the City's Transportation Concurrency Exception Area (TCEA) which, through the development review process, is determined to generate a demand. In addition, Transportation Element Policy D-2.2 of the City's Comprehensive Plan requires bicycle facilities on all new development and redevelopment with particular emphasis on development within the TCEA. The development proposal has included a bicycle rack at the front of the development, thereby meeting this requirement. However, there is an opportunity to provide a more decorative bicycle rack than the standard rack which has been proposed. This suggestion has been added as a condition of approval. Parking Pursuant to LDR Section 4.4.13(G)(2)(13), the parking requirement for business and professional offices is established at one (1) space per 300 sq. ft. of net floor area. As previously noted, the required parking is 13 spaces which was established and addressed via an approved in-lieu of spaces request. Site Plan and Engineering Technical Items All technical items have been addressed for both Site Plan and Engineering review. Building Technical Review The Building Technical review provided a comment regarding the proximity of the two buildings with respect to exterior wall ratings and the proximity of openings to the property line. This will likely require revisions to the openings on the east and south elevations which may be reviewed administratively. Therefore, compliance with Building Code Section 704 has been added as a condition of approval. • 124 N Swinton Avenue.Great American Beauty.2009-197-SPF HPB Meeting November 18.2009 Page 4 of 13 Landscape Plan All landscaping which exists on the site will remain with the exception of that which will be affected by or immediately surrounds the proposed development. Additional plantings have been provided to the rear of the property which were found to be in compliance with the City's landscape requirements of LDR Section 4.6.16. Therefore, positive findings can be made with respect to the proposed landscape plan. It is important to remember that waivers to the required landscape buffer widths were granted with a previous development proposal for the subject property, as noted in the Background Section. ARCHITECTURAL ELEVATIONS ANALYSIS LDR Section 4.5.1, Historic Preservation Districts and Sites (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. LDR Section 4.5.1(E)(2)(b) requires that new development and/or alterations to contributing property zoned OSSHAD shall be considered Major Development. Pursuant to LDR Section 4.5.1(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. The applicable Standards are noted below: A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. (Standard 1) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (Standard 2) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (Standard 9) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. (Standard 10) STAFF ANALYSIS: The character of the historic property will be maintained as the principal structure will be minimally altered via the small roof overhang connecting it to the proposed structure. The integrity of the district, particularly the immediate surroundings, will not be negatively impacted. Therefore, positive findings can be made with respect to the subject LDR requirement. 124 N Swinton Avenue.Great American Beauty.2009-197-SPF HPB Meeting November 18.2009 Page 5 of 13 The Delray Beach Historic Preservation Design Guidelines suggests the following with respect to infill/new construction and accessory structures: o New accessory structures should compliment the principal building, and should be located to either the rear or the side of the principal building. o Accessory structures should not block any portion of the front façade of the principal building. o By their very nature, the role of the accessory structure is subordinate to the principal building. o All infill must be compatible with the surrounding buildings and yet must be differentiated from the historic building stock. o The height of any new building should be similar to those of other buildings along the streetscape. o The new construction should be compatible with the width of the surrounding buildings. o The relationship of new construction adjacent to significant historic resources can either enhance or detract from the historic setting of the district. o The character of the massing should be compatible with the surrounding buildings. o Roof forms and pitch should be compatible with the surrounding buildings. o All new construction should complement the historic architecture of the district. o Materials should be compatible in quality, color, texture, finish, and dimension to those commonly found in the historic district. o The horizontal rhythms between the buildings also should be maintained. STAFF COMMENT: The subject meets the intent of the above noted guidelines in that it is located behind the principal structure and its detailing and massing is compatible and complimentary to the historic district including the principal structure. However, the proposed hardiplank as the exterior treatment of the accessory structure is not appropriate and should be revised to wood siding, as further analyzed below. Based on the above, positive findings can be made with respect to the Delray Beach Historic Preservation Design Guidelines. Pursuant to LDR Section 4.5.1(E)(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 determines that an unsafe building condition exists in accordance with Section 4.5.1(G). STAFF COMMENT: The existing accessory structure is non-contributing, and cannot be demolished until the permit for the approved new construction has been issued. This has been added as a condition of approval for further emphasis of this requirement. Pursuant to LDR Section 4.5.1(E)(8), Visual Compatibility Standards, New construction within a designated historic district shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this 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 major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)-(m) below. Those applicable Standards within LDR Section 4.5.1(E)(8) are noted below: 124 N Swinton Avenue,Great American Beauty.2009-197-SPF HPB Meeting November 18,2009 Page 6 of 13 (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 and is determined by 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. 2. First Floor Maximum Height: Requires that the height from finished floor elevation to top of beam (tie or bond) not exceed fourteen feet (14'), and that the mean roof height not exceed eighteen feet (18'). Any portion exceeding these dimensions shall be considered multi-story structures. 3. Upper Story Height: Requires that the height from finished floor elevation to finished floor elevation or top of beam (tie or bond) 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. (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 additional regulations apply to lots greater than 65'wide. (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 and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. 124 N Swinton Avenue.Great American Beauty. 2009-197-SPF HPB Meeting November 18.2009 Page 7 of 13 STAFF ANALYSIS: Those "Visual Compatibility Standards which require analysis are noted below. (a) — The new construction is located towards the rear of the property and complies with the required BHP setback. Further, the story heights are less than the maximums permitted, as they range from 8'2" to 10'8". (b)-(f) — The proportions of the structure, with respect to height and width, are compatible and in keeping with those of the existing historic structure. The overall proportions are appropriate, the rhythm of buildings on the streetscape will not be impacted, and the wall planes have been interrupted by the balcony overhangs on the second story. (g) — The proposal consists of hardiplank siding for the exterior treatment while the historic structure contains wood siding. The use of hardiplank is typically acceptable on new development, but not on a contributing property, even when the new development is detached. Hardiplank siding diminishes the detailing of wood siding, and the intent of the new construction on the site is to blend and give a general appearance of being of the same time period as the original structure. A revision to wood siding from hardiplank siding has been added as a condition of approval. (h-i) — The roof shape is compatible as it is similar to the hip roof of the historic structure. The walls of continuity have been complied with in that the visual compatibility between the structure and the surrounding properties will not be negatively impacted, and the proposed landscaping will ensure further compatibility between properties where it is being added. (j) — The scale of the new development is deemed appropriate as it does not negatively impact the integrity or character of the property and, therefore, may be deemed visually compatible. It is important to note that while the subject lot is greater than 65' wide, the calculations provided in this subsection are not applicable as the new construction does not exceed 50% of the lot depth. (k-I) — The proposed new development does not affect the directional expression of the property as it located to the rear. Further, the proposal is architecturally consistent in that it appropriately replicates those details of the historic structure. Based on the analysis provided above, positive findings can be made with respect to the LDR Section 4.5.1(E)(8), Visual Compatibility Standards, subject to those noted conditions of approval. Pursuant to LDR Section 4.5.1(F), Restrictions on Demolitions, no structure within a Historic District or on a Historic Site shall be demolished without first receiving a Certificate of Appropriateness pursuant to Section 2.4.6(H). The Historic Preservation Board shall be guided by the following in considering such a request. (1) The Historic Preservation Board upon a request for demolition by a property owner, shall consider the following guidelines in evaluating applications for a certificate of appropriateness for demolition of designated historic sites, historic interiors, or buildings, structures, or appurtenances within designated historic districts; (a) Whether the structure is of such interest or quality that it would reasonably fulfill criteria for designation for listing on the national register. (b) Whether the structure is of such design, craftsmanship, or material that it could be reproduced only with great difficulty or economically nonviable expense. (c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the city i 124 N Swinton Avenue,Great American Beauty.2009-197-SPF HPB Meeting November 18.2009 Page 8 of 13 (d) Whether retaining the structure would promote the general welfare of the city by providing an opportunity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. (e) Whether there are approved plans for immediate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on the surrounding area. STAFF COMMENT: The subject structure has not been found to meet criteria for listing on the National Register as it does not meet the general 50 year requirement, nor would it be considered exceptional for those structure younger than 50 years. Further, the concrete block single-family residence could likely be reproduced at reasonable cost, and there are other examples of this type of structure within other historic districts within the city. The proposed redevelopment will likely have a positive impact on the historic district and surrounding areas. Therefore, positive findings can be made. REQUIRED FINDINGS Pursuant to Section 3.1.1, prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to consistency with the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. LDR Section 3.1.1(A) - Future Land Use Map The subject property has a Future Land Use Map designation of OMU (Other Mixed Use) and a zoning designation of OSSHAD (OSSHAD) which are consistent with one another. Pursuant to LDR Section 4.4.24(B)(2) business and professional offices are permitted within the OSSHAD zoning district. Based upon the above, it is appropriate to make a positive finding with respect to LDR Section 3.1.1(A). LDR Section 3.1.1(B) -Concurrency As described in Appendix "A", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid waste and schools. LDR Section 3.1.1 (C) -Consistency (Standards for Site Plan Actions) As described in Appendix "B", a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. LDR Section 3.1.1 (D) -Compliance With the Land Development Regulations As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDR can be made, provided the attached conditions of approval are addressed. Comprehensive Plan A review of the objectives and policies of the adopted Comprehensive Plan was conducted and found to be in compliance with those applicable Elements, Goal Area, and Policies. The following is a brief analysis of those applicable policies and objectives of the Comprehensive Plan: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. 124 N Swinton Avenue,Great American Beauty, 2009-197-SPF HPB Meeting November 18. 2009 Paoe 9 of 13 Future Land Use Element Objective A-4: The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines. Future Land Use Element Objective A-3 The Central Business District (CBD) and surrounding neighborhoods, including A-1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed mixed use development. The development will be complimentary with the future surrounding residential and commercial developments and/or adaptive reuse projects of historic structures and will provide additional economic stability and growth for the Old School Square Historic District and downtown area. Further, the proposed development provides for the preservation of the existing historic structure without altering or negatively impacting its historic character. Based upon the above, the development proposal will be consistent with the Comprehensive Plan. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) considered the subject development proposal at its meeting of July 23, 2009, where a recommendation of approval was made. ASSESSMENT AND CONCLUSION The proposal involves the addition of office space as an appropriate means of further developing a historic property. On the market for a few years prior to the current property owner's purchase, the protection of the property is assured as it is not likely to fall into disrepair or become neglected due to its vacancy. The development proposal is consistent with the zoning and FLUM designations of the subject property, and positive findings can be made with regard to concurrency and Comprehensive Plan consistency. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Certificate of Appropriateness, Class IV Site Plan, and associated demolition request, landscape plan, architectural elevations, and waivers (2009-197) for 124 N 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 the criteria set forth in the Land Development Regulations, and the Delray Beach Historic Preservation Design Guidelines. C. Move denial of the Certificate of Appropriateness, Class IV Site Plan, and associated demolition request, landscape plan, architectural elevations, and waivers (2009-197) for 124 N 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 the criteria set forth in the Land Development Regulations, and the Delray Beach Historic Preservation Design Guidelines. (Motion to be phrased in the affirmative. See above) 124 N Swinton Avenue,Great American Beauty,2009-197-SPF i-iPB Meeting November 18.2009 Page 10 of 13 STAFF RECOMMENDATION By Separate Motions: Site Plan • Move approval of the Certificate of Appropriateness, and the associated Class IV Site Plan request (2009-197) for the property located at 124 N 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 the criteria set forth in the Land Development Regulations, and the Delray Beach Historic Preservation Design Guidelines, subject to the following conditions: 1. That a more decorative bicycle rack be provided; 2. That the maximum foot candles be slightly increased to a calculation within the 4-12 range; 3. That the existing accessory structure not be demolished until the permit for the new construction has been issued; and, 4. That the development be compliant with Building Code Section 704. Landscape Plan Move approval of the Certificate of Appropriateness, and the associated Landscape Plan (2009-197) for 124 N 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 the criteria set forth in the Land Development Regulations, and the Delray Beach Historic Preservation Design Guidelines_ Architectural Elevations Move approval of the Certificate of Appropriateness, and associated Architectural Elevations (2009- 197) for the property located at 124 N 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 the criteria set forth in the Land Development Regulations, and the Delray Beach Historic Preservation Design Guidelines, subject to the following: 1. That the proposed hardiplank siding be replaced with wood siding similar in detail to that which exists on the historic structure; and, 2. That any elevation revisions resulting from compliance with Building Code Section 704 be submitted to Staff for review as part of the site plan certification process. Staff Report Prepared by:Amy E. Alvarez, Historic Preservation Planner Attachments: • Appendix A— Concurrency Findings • Appendix B— Standards for Site Plan Actions • Site Plan • Floor Plans • Elevations • Landscape Plan • Engineering Plans 124 N Swinton Avenue.Great American Beauty.2009-197-SPF HPB Meeting November 1 S.2009 Page 11 of 13 APPENDIX "A" CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer Water and sewer service will be provided via service lateral connections to eight inch (8") water and sewer mains individually located within the rear alley. Adequate fire suppression will be provided via existing fire hydrants located at the northeast corner of NE 2'd Street and North Swinton Avenue, across the alley along NW 1st Avenue, and at the southeast corner of NE 1st Street and North Swinton Avenue. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standards. Streets and Traffic The subject property is located in the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC and OSSHAD zoning districts. The TCEA exempts the above- described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Parks and Recreation Facilities Parks dedication requirements do not apply to non-residential uses. Thus, the proposal will not have an impact. Solid Waste The proposed 1,000 square feet of office area will generate 2.7 tons of solid waste per year (1,000 x 5.4 lbs. /2,000 = 2.7). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021, thus a positive finding with respect to this level of service standard can be made. Drainage The proposed new construction is located within the same footprint as the existing accessory structure. Therefore, the existing drainage system will be utilized and any revisions may be addressed during the permitting process. Based upon the above, positive findings with respect to this level of service standard can be made. Schools There are no residential units included in the proposal. 124 N Swinton Avenue.Great American Beauty,2009-197-SPF HPB Meeting November 18,2009 Page 12 of 13 APPENDIX "B" STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This 124 N Swinton Avenue.Great American Beauty,2009-197-SPF HPB Meeting November 18,2009 Page 13 of 13 shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent • — I_ABBREVIATON= SYMBOLS CODE INFORMATION BUILDING C . ., nduu M,dNG 000E.E01 MOH Great American Beauty r) . IlePm,.em Dnsnxc BmLdxc. . . .... ;I: 107 NAICWLELECTRIO CODE.fiGEdTON .USE AND Qc1NAncrcussirmON:Ti IBUSINESSI �re�� �N, A�,eem� nONOAFlAEPREVENIIONCOCE1005E •ON PEO CONS RUCTON YPEY Offices and Showroom Perez Design • 150 Sf .ALIEPATION LEVEL 1 nu XiPA I101,ndiICA1G05 FdipN. •—.•�Incorporated we,ra • �nu mmnum,a MO All OTHER RILES.REGURAndgWNO CODES RAMC AfGSOCTICN MEWBtNdN-Vg,N: . .DSEAAODCGUPAWCYDAS51EunGN:BTBI151NES5) 124 North Swinton Avenue • • na ena,wmumv �. __.—___.._—__'ttPE Of CON51P11LTIOt TYPE M1 _ SOIL ENGINEERING NOTE Delray beach,Florida . SCOPE OF WORK: • 1.MAMMON Cf COS1EIG ONESTORYGAGGE emroe r"""n'a Qjp1nOi wrewRra 1.NEW CONSTRUCTION OFIW0 STORY OFFICE BUILTNG I or 1.RE-0NLTINNdCM RWP, I.RECdOIGUR ADON OF PIE REAR PN W NG AREA AS TO ACCIX106lTE IWO MIA C0MACi SPACES F ,na w m DRAWING UST Sheet SEAL umeee laav Rev. Drawn � - .,.II •"..L N br Sheol Name Date dte Ely ,I �j l r\.„ l�'_' I I "y•;,�rym i .m a N..e... 0..0 I V,--. 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