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HPB 04-02-08 t)<4 O AGENDA 0 ;r.•� HISTORIC PRESERVATION BOARD MEETING eqr "1r CITY OF DELRAY BEACH Meeting Date: April 2, 2008 Time: 6:00 P.M. Meeting Type: Regular Meeting Location: City Commission Chambers, City Hall 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 Ithat 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. CERTIFICATES OF APPROPRIATENESS A. 140 NW 4th Avenue, La France Apartments, West Settlers Historic District, Delray Beach Community Redevelopment Agency, Property Owner. Consideration of a Certificate of Appropriateness and Variance Request (2008-1 1 5-VAR-HPB) associated with the installation of a wall sign. —III. DISCUSSION AND ACTION ITEMS A. Forward a recommendation to the Planning and Zoning Board for City initiated amendments to the Land Development Regulations (LDRs) for Ordinance 09-08, by enacting a new subsection 4.5.1(N), "Criteria for Removal of Historic Designation from Part of a District", and a new subsection 4.5.1(0), "Removal Procedures", in order to provide criteria and a method for removing a historic structure, building, site, or part of a district from the Local Register of Historic Places. IV. REPORTS AND COMMENTS • Public Comments • Reports from Historic District Representatives • Board Members • Staff V. ADJOURN A wvy E. ALva rer' Amy E. Alvarez Historic Preservation Planner Posted On: March 27, 2008 Page 1 of 1 JoAnn Peart 11: <kwp62@aol.com> To: <Ilake1@bellsouth.net>; <tonid@myway.com>; <i_cope@bellsouth.net>; <kasnider@sd-arc.com>: <rhonda@sextonhouse.com>; <jmkucera@gmail.com>; <joannpeart@comcast.net> Sent: Wednesday, April 02, 2008 1:45 PM Subject: Historic preservation I am compelled to write given the up coming vote on taking away historic designation from properties. My concern continues to be, as a preservationist, that we are moving in reverse on the topic of preservation in Delray Beach. Starting with with Old School Square, preservation has been a catalyst for change and revitalization of our wonderful City. On a practical note, has the state been notified of the change? According to the little I know about Delray's status as a Certified Local Government, the City would need to let the State Office of Cultural and Historical programs know of the change, and this could put our status at risk. Question that follows is does the City care about its status as a Certified Local Government? seems not... Also, feel compelled to point out the irony of Delray replicating the historic architecture of Charleston, (the Glickstein project in Pineapple Grove), which citizens of that City have fought hard to protect, Our leaders approve that project, all the while not seeing the value of preservation of their own City's unique architectural heritage. I have heard people argue that Delray's heritage is not "old enough" to be significant. I need to point out the obvious that a building will never become 100 years old if it is torn down when it is 40 3 old. There was a push to tear down Mt. Vernon in the 1800's, can we image doing that today? This is the link to Historic Charleston Foundation's website with a photo of a street-scape in Charleston that is identical to the Pineapple Grove project. htttp://www.histo_riccharleston.org/ ; The photos on the home page rotate, this one is titled "Enhancing Awareness & Support of Preservation". We couldn't even figure out how to rebuild Bob's Bar but we can rebuild Charleston. Thoughts on removal of properties historic designation. Once it begins who will control? Should there be a generally accepted way to "undesignate" or should this be a rare event that is decided not by democratic vote, but through careful consideration of the intent of the removal and the impact on our Historic Districts by "experts", people whose job it is to protect the character of our City. Of course preservationists are coming at this with the notion that we want to build and strengthen our Historic Districts and I believe we are somewhat alone in our goal. We need the Preservation Board and the City Commission to truly have the goal to strengthen and support our Historic Districts, not just in concept but in practice. And recognize that it is our scale, and charm that attract people to Delray Beach. This value has also attracted individuals that see short term gains. Preservation of our heritage needs to be understood as synonymous with future prosperity. Our City has tremendous value and this is recognized by residents who trust the boards and officials of the City to follow the LDR's, and other standards to "protect" the treasure that is Delray Beach. Karen Preston ,e MapQuest Toolbar, Maps, Traffic, Directions & More! 4 2 2008 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Property Owner: Delray Beach Community Redevelopment Agency Authorized Agent: Walt Gerhard, CRA Project Manager Project Location: 140 NW 4th Avenue, La France Apartments, West Settlers Historic District HPB Meeting Date: April 2, 2008 COA: 2008-115-VAR ITEM BEFORE THE BOARD The action before the Board is approval of a Certificate of Appropriateness (COA) and Variance Request for a wall sign at 140 NW 4th Avenue, La France Apartments, West Settlers Historic District, pursuant to LDR Sections 2.4.6(H) and 2.4.7(A). Pursuant to LDR Section 2.2.6(D)(6), the Historic Preservation Board (HPB) shall act on all variance requests within a historic district or on a historic site, which otherwise would be acted upon by the Board of Adjustment. BACKGROUND I PROJECT DESCRIPTION The property, zoned CF (Community Facilities) is located on the west side of NW 4th Avenue, approximately 100 feet south of Martin Luther King Jr. Drive (NW 2nd Street) and consists of a portion of Lot 8, and Lots 9 and 10, Block 27, Replat of a Portion of Lot 27, Town of Linton (Delray). The property contains the La France Apartments, a Senior Housing Facility offering affordable housing units for residents aged 60 years and older. The original two-story structure located at the north of the property was built in 1947 in the Masonry Vernacular style and is considered a contributing building within the West Settlers Historic District. Formerly known as the La France Hotel, it was built to accommodate African- American musicians and entertainers, and was the only hotel in segregated Delray Beach to receive guests of color. In 2005, a conditional use request for the establishment of the Senior Housing Facility and Class V Site Plan Application were approved. The Class V Site Plan approval included a two- story connected building to the south of the La France Hotel, and associated site and landscaping improvements. The subject application requests approval for the installation of a wall sign on the front of the La France Apartments. Pursuant to LDR Section 4.3.3(II)(7), Senior Housing Facilities, signage is limited to one (1) freestanding sign with a maximum of eight (8) square feet in area and a maximum height of three (3) feet, measured from finished grade to highest point. Therefore, the applicant has also requested a variance from the aforenoted section to allow the wall sign. 140 MN 4Ih Avenue, La France Apartments; COA-115-VAR HPB Meeting of April 2,2008 'r Page 2 of 4 The proposed sign contains brushed, aluminum plate letters ten inches (10") in height. Two proposals have been submitted: one containing bronze or black letters, and the other containing the natural brushed aluminum letters. COA & VARIANCE 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 Sections 4.5.1(E)(4), 4.5.1(E)(5), and 4.5.1(E)(8)(g) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The guidelines are as follows: (4) Alterations. In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors. In considering the design of the proposed signage, it is evident that the original signage has been considered. However, the proposal should be slightly revised to maintain the small "A" in "La" which is illustrated in the attached 1950's postcard. This has been added as a condition of approval. (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. While no direct reference is made to signage and its affect on historic structures, sites, or districts, the overall intent of the Standards is to maintain the historic structure and not create a false sense of historical development. Therefore, the proposal complies with the overall intent of the Standards. The Delray Beach Historic Preservation Design Guidelines contain specific recommendations with respect to signage. With the recommended conditions of approval, the proposal will be in compliance with those recommended guidelines. (8)(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. The submitted application includes two color options for the Board to consider for the subject signage (silver-brushed aluminum and black). The applicant prefers the silver as it would match the hardware and apartment numbers. It is noted that the darker letters would stand out and have a greater presence on the building without affecting the aesthetics, which is illustrated on the submitted 1950s postcard. If the intent is to replicate the aesthetics of the original sign, then the color should be included in addition to the font. While this not added as a condition of approval, Staff strongly suggests that the Board consider the black letters. 140 NW 4th Avenue, La France Apartments; COA-115-VAR HPB Meeting of April 2,2008 Page 3of4 VARIANCE ANALYSIS The applicant requests a variance to LDR Section 4.3.3(II)(7), Senior Housing Facilities, which requires that signage is limited to one (1) freestanding sign with a maximum of eight (8) square feet in area and a maximum height of three (3) feet, measured from finished grade to highest point. The criteria for analyzing the variance request is provided in LDR Section 4.5.1(J)(1) which states that a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. (d) The variance requested is the minimum necessary to preserve the historic character of a historic site or of a historic district. The following has been submitted in support of the variance request: "The historic structure has always had a wall mounted sign placed on the east face of the second floor balcony wall...The attached circa 1950's postcard...indicated the original sign, which was replaced by a wood sign...The proposal is to install a...wall mounted sign with a font style and size similar to the original sign...The installation of the wall mounted sign in the manner proposed is appropriate to the contributing building...The variance is the minimum necessary to preserve the historic character of the historic site and will not adversely affect the neighboring properties." Based on the historic precedent of the building's signage, the proposed sign and the associated variance can be supported as it is the most appropriate solution to providing signage on the historic structure. Therefore, positive findings can be made with respect to LDR Section 4.5.1(J)(1). NOTICE Due to the variance request, formal public notice has been provided to the property owners within a 500-foot radius of the subject property. Additional special courtesy notices were provided to the following associations: The Neighborhood Advisory Council, and the West Settlers HOA. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the COA and associated Variance request (COA-115-VAR) for 140 NW 4th Avenue, La France Apartments, West Settlers 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, 140 NW 4"'Avenue; La France Apartments; COA-115-VAR HPB Meeting of April 2,2008 Page 4 of 4 the Secretary of the Interior's Standards for Rehabilitation and the Delray Beach Historic Preservation Design Guidelines. C. Move denial of the COA and associated Variance request (COA-115-VAR) for 140 NW 4th Avenue, La France Apartments, West Settlers Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request is not consistent with the Comprehensive Plan and does not meet criteria set forth in the Land Development Regulations, the Secretary of the Interior's Standards for Rehabilitation and the Delray Beach Historic Preservation Design Guidelines. STAFF RECOMMENDATIONS By Separate Motions: Certificate of Appropriateness Approve the COA (COA-115-VAR) for 140 NW 4th Avenue, La France Apartments, West Settlers 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 Secretary of the Interior's Standards for Rehabilitation and the Delray Beach Historic Preservation Design Guidelines, subject to the that the "A" in "La" is smaller than the "L" as depicted in the 1950s postcard, and; Variance Request a) /9 Move approval of the variance request from LDR Section 4.3.3(II)(7) allowing the installation of a wall sign, based upon positive findings with respect to LDR Section 4.5.1(J)(1). Report prepared by:Amy E. Alvarez, Historic Preservation Planner Attachments: • Location Map • Photo/Signage Spec Sheets (2) • Spec Sheet • 1950's Postcard , i _ > > > > a a a a a N.W. 3RD ST. w > i,.i a a I- F- I- I- Et n ID in d r7 MARTIN LUTHER KING JR. DRIVE 1- o In T ,1 z Ls'� N L L z N.W. 1ST ST. gm III IIIIIIIIII �� NE 111 § immon in IRA z Z 3 3� :: �� z z ismMN = 111111 C 111111 ral ATLANTICn. 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P y J'' Y r� ,y at a r � E•12768 .eJN,6'r#. ,. n ..uwa ,r,•....Y2.,:...s„t...-Ur+...:c..e.n:a, .,...,v......, r. f HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT MEETING OF: APRIL 2, 2008 ITEM: CITY-INITIATED AMENDMENTS TO LAND DEVELOPMENT REGULATIONS SECTION 4.5.1, `HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA FOR REMOVAL OF HISTORIC DESIGNATION FROM PART OF A DISTRICT", AND A NEW SUBSECTION 4.5.1(0), "REMOVAL PROCEDURES", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR REMOVING A HISTORIC STRUCTURE, BUILDING, SITE, OR PART OF A DISTRICT FROM THE LOCAL REGISTER OF HISTORIC PLACES. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the Planning and Zoning Board regarding City-initiated amendments to LDR Section 4.5.1 as detailed above. These amendments - provide criteria for the removal of historic designation from part of a historic district as well as the- procedural method and criteria required for removal of such designation. Pursuant to LDR Section 2.2.6(D)(5), the Historic Preservation Board makes recommendationsto the Planning and Zoning Board concerning amendments to the Land Development Regulations; as they apply to historic structures and districts. BACKGROUND AND.DESCRIPTION, The subject amendments are in response to concerns raised by City residents that new development both immediately adjacent to and within the Marina Historic District has either removed or significantly impacted the historic integrity of the 300 block of SE 7th Avenue. Therefore, the City Commission requested Staff to look into preparing the subject Ordinance. At the City Commission Workshop of February 12, 2008, the City Commission discussed two (2) versions of the subject ordinance, which are attached and labeled as 09-08(alt), and 09-08(alt#4). However, since the workshop, "alt 4" has been slightly revised to include important components contained within a third version, which is labeled as 09-08(alt#5). A table is included which itemizes the differences between the three (3) versions (see Appendix A). Further simplifying the review, each Ordinance will be referred to as follows: • 09-08(alt)will be referred to as "Version 1"; • 09-08(a1t4)will be referred to as "Version 2"; and, • 09-08(alt5)will be referred to as "Version 3". The attached three (3)versions of ordinance (09-08) are now before the Board for recommendation to the Planning and Zoning Board. LDR TEXT AMENDMENT ANALYSIS The three (3) versions of the subject Ordinance provide for a variety of solutions to the issue of removing the historic designation from specific properties within a designated historic district. Each version has its strong points and therefore, Staff recommends that the Board consider each of those components as outlined in Appendix A. LDR Amendments re: Removal of Historic Designation; Ordinance 09-08 • HPB Meeting of April 2,2008 Page 2 of 10 In reviewing the "Criteria for Removal", "Version 1" requires that the Historic Preservation Planning Expert (HPPE) be located in South Florida. While this is ideal, the HPPE's location does not ensure knowledge of our architectural history nor does it include qualified candidates who are located in other geographic areas and regions. Requirements for the HPPE are further expanded in "Version 2" and Version 3" by requiring qualifications consistent with the National Park Service Professional Qualification Standards for Historic Preservation (Appendix B). This is in addition to the HPPE demonstrating a significant level of historic preservation experience and expertise in South Florida developmental and architectural history. Both of these components are essential in assuring that a quality survey report is produced and that all properties within the designated historic districts are surveyed for their integrity based on the context of Delray Beach history. For example, an HPPE who is unfamiliar with or uneducated about our history may not consider a 1940s or 1950s structure to be contributing to the historic district. Regarding the initiation to remove a historic designation, two (2) processes are proposed. Versions 1 and 2 allow the submittal of an application and all noted required materials by a property owner (in addition to the HPB and City Commission)while Version 3 permits only the City Commission to initiate the removal. There are specific requirements to be met by the submittal information from the property owners which are very similar between Versions 1 and 2. However, there is a difference in the requirements for the HPPE performing any surveys. Therefore, Staff can recommend that those requirements noted within Version 2 be adopted. Please refer to Appendix A for a detailed comparison. Survey requirements within Versions 1 and 2 call for the qualified professional to conduct all surveys and provide justification for any recommendations of removal. These requirements have not been specifically outlined in Version 3. Staff recommends that they be included in the final and adopted ordinance in order to ensure that the chosen HPPE provides backup to any such recommendations for removal of designation. Staff further recommends that the Planning and Zoning Director or his/her designee review the submitted information, prepare a report, and make a recommendation. This is also a requirement for the initial designation of a historic district, which should be included for the removal of such designation. This component has been provided within Versions 2 and 3. Staff's recommendation for the Public Hearing requirements for historic designation removal is to adopt the verbiage contained in both Version 2 and Version 3. These versions require the HPB to provide a recommendation based upon the qualified HPPE's recommendation for historic designation removal in addition to the submitted Staff report and associated Staff recommendation. While Version 1 is similar in its intent, the review of submitted information at the public hearing is not specifically outlined. Further, the final vote for Versions 1 and 2 require the same procedures as those for designation, such as a majority vote, unless a property owner within 500' of a property to be removed objects, then a super majority of four (4) votes will be required. To the contrary, Version 1 requires a super majority vote, which is four (4) votes, in order to remove the historic designation. While this could be seen as the more advantageous procedure for those not in favor of the designation removal, the same procedures should apply to removal of designation as those for designation. It should be noted and further emphasized that the determination by the HPPE for the removal of designation will be eligible only for those properties within a part of a district that touch the edge of the boundary of the historic district as it existed at the time of original designation or that was once part of a platted lot that touched the edge but has been subdivided. The designation for those eligible properties could then be removed solely because the historic integrity has been irreversibly lost due to inappropriate development in that part of the district, in accordance with the procedures in the LDRs (contained within the attached Ordinances). This particular requirement is contained within each proposed Ordinance. • LDR Amendments re: Removal of Historic Designation; Ordinance 09-08 HPB Meeting of April 2,2008 Page 3 of 10 REQUIRED FINDINGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: FUTURE LAND USE ELEMENT: GOAL AREA"A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINANTLY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE. Future Land Use Element Obiective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines". Future Land Use Policy A-4.2 In order to protect the City's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sites, or districts. The City shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources. ANALYSIS The Future Land Use Element of the City's Comprehensive Plan calls for the provision of historic preservation by redevelopment. However, the subject Ordinance has been created and proposed as a result of redevelopment (located both within and immediately adjacent to a historic district)which tias significantly impacted the historic integrity of properties presently considered historic and located within an historic district. With the amendments to the historic district review regulations which were adopted earlier this year, this issue should not arise in the future. Further, the amendments also require that a qualified HPPE provide a justified recommendation for removal, further protecting the resources. Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan Future Land Use Element. HOUSING ELEMENT: GOAL AREA"A" TO MAINTAIN A SAFE AND ADEQUATE SUPPLY OF HOUSING BY PRESERVING EXISTING STABLE NEIGHBORHOODS, STABILIZING AND ENHANCING NEIGHBORHOODS THAT ARE IN TRANSITION, AND RESTORING AND REHABILITATING NEIGHBORHOODS THAT HAVE DECLINED. Housing Element Objective A-10 The City shall support the conservation and rehabilitation of historically significant housing, especially where such housing is an identifying characteristic of a particular neighborhood. LDR Amendments re: Removal of Historic Designation: Ordinance 09-08 HPB Meeting of April 2,2008 Page 4 of 10 Housing Element Policy A-10.1 This objective will be implemented in accordance with the standards and criteria of Section 4.5.1 of the Land Development Regulations, Historic Preservation Sites and Districts. Housing Element Policy A-10.2 The City will promote the use of historic designations as a revitalization tool in its preparation of Neighborhood Plans for those areas which have a significant inventory of historic structures. Housing Element Objective A-12 To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Element Policy A-12.4 The City will provide planning and technical assistance to implement neighborhood-supported initiatives aimed at preserving the character of existing residential areas. Such assistance may involve the formulation of regulations that would limit the size and scale of new homes to be consistent with existing structures within a defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for designation as a historic district, and similar measures. ANALYSIS The proposed LDR amendments comply with the Housing Element as noted above in that they will further strive to stabilize and enhance existing historic neighborhoods through the ability to remove the historic designation due to the loss of historic integrity affected by inappropriate and incompatible development. While it is evident that the protection of the historic districts has assisted in their revitalization, a development project may be.so impacting that the historic designation is no longer appropriate. The mandated technical assistance noted above has been and continues to be provided by the City to its residents not only to those residing in designated historic districts or individually designated structures and/or properties, but also to those property owners interested in protecting their historical resource. Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan Housing Element. Coastal Management Element Policy B-2.1 The Marina Historic District shall embrace principles of historic preservation and economic development in a sensitive and blending manner. See Objective C-1 for the specific implementation program. Coastal Management Element Policy B-2.2 Individual historic structures shall continue to be designated pursuant to the City's Historic Preservation Ordinance. Coastal Management Element Objective C-1 The retention, rehabilitation, and protection of historic resources as provided for in the City's Historic Preservation Ordinance shall continue to be applied in the Coastal Planning Area. The Marina Historic District shall continue to be redeveloped with a sympathetic blending of the demands of economic development and historic preservation. Coastal Management Element Policy C-1.1 The northern portion of the Marina District nearest Atlantic Avenue shall be developed with the active participation of both the Historic Preservation Board and the Community Redevelopment Agency. Coastal Management Element Policy C-1.2 The middle and southerly portions of the Marina District shall continue to be enhanced through the renovation of existing single family and multi-family structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to the historic district. • LDR Amendments re: Removal of Historic Designation: Ordinance 09-08 HPB Meeting of April 2, 2008 Page 5 of 10 ANALYSIS The proposed LDR amendments comply with the Coastal Management Element of the Comprehensive Plan in that they are sensitive to the two designated historic districts within this area: Nassau Street and Marina. However, the integrity of those districts should be maintained if a portion has been affected significantly by inappropriate redevelopment. Therefore, positive findings can be made that the proposed LDR text amendments are consistent with and further the Goals, Objectives and Policies of the Comprehensive Plan Coastal Management Element. ASSESSMENT The Comprehensive Plan calls for the preservation of historic resources, the rehabilitation of historically significant housing, and the promotion of historic designations as a revitalization tool. Further, the Plan calls for Staff assistance in implementing neighborhood supported initiatives aimed at preserving the character of existing residential areas. The proposed amendments achieve the aforementioned goals and policies by removing incompatible development from the historic district designation so as to not impact the integrity of those qualifying properties. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. REVIEW BY OTHERS The Pineapple Grove Main Street committee will consider the subject amendments at their meeting of April 2, 2008. This recommendation may be available at the Board meeting. The Downtown Development Authority (DDA) will consider the subject amendments at their April 7, 2008 meeting, where a recommendation will be forwarded to the Planning and Zoning Board. The West Atlantic Redevelopment Coalition (WARC) will consider the subject amendments at their April 9, 2008 meeting, where a recommendation will be forwarded to the Planning and Zoning Board. The Community Redevelopment Agency (CRA) will consider the subject amendments at their April 10, 2008 meeting, where a recommendation will be forwarded to the Planning and Zoning Board. The Planning and Zoning Board will consider the subject amendments at their April 21, 2008 meeting, where a recommendation will be forwarded to the City Commission. First Reading by the City Commission is anticipated for the regular meeting of May 6, 2008, with Second Reading to occur at the City Commission meeting of May 20, 2008. Letters of objection and support, if any, will be presented at the meeting. ALTERNATIVE ACTIONS A. Continue with direction. Move a recommendation of approval to the Planning and Zoning Board of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 09-08 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. C. Move a recommendation of denial to the Planning and Zoning Board of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 09-08 by adopting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensive Plan. (Motion to be phrased in the affirmative. See above.) LDR Amendments re: Removal of Historic Designation; Ordinance 09-08 HPB Meeting of April 2,2008 Page 6 of 10 RECOMMENDATION Move a recommendation of approval to the Planning and Zoning Board of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 09-08 (alt#4), also referred tows Version 2, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. Prepared by: Amy E.Alvarez, Historic Preservation Planner Attachments: • Appendix A—Ordinance 09-08 Comparison Chart • Appendix B—National Park Service Professional Qualification Standards for Historic Preservation • Proposed LDR Amendment Ordinance 09-08 (alt)—Version 1 • Proposed LDR Amendment Ordinance 09-08 (alt#4), dated March 25, 2008—Version 2. • Proposed LDR Amendment Ordinance 09-08 (alt#5), dated March 11, 2008—Version 3. ' LDR Amendments re: Removal of Historic Designation; Ordinance 09-08 HPB Meeting of April 2, 2008 Page 7 of 10 APPENDIX A Ordinance Comparison Chart VERSION 1 VERSION 2 VERSION 3 (Alt) (AIt#4) (Alt#5) If, after a survey conducted within the last twelve (12) months, a Historic Preservation Planning Expert meeting the National Park Service If, after a survey conducted Professional Qualification within the last twelve (12) Standards for Historic months, a Historic Preservation Preservation and possessing a r4711 Planning Expert in historic demonstrable level of historic The City Commission shall structures and districts located preservation experience and initiate the removal of a historic in South Florida determines that expertise in South Florida designation provided that a a part of a district is located at developmental and architectural comprehensive survey was . _ $. the edge of the boundary of the histo determines that a part of completed within the last five CRITERIA FOR historic district as it existed at ais rict that touches the edge (5)years including all structures REMOVAL the time of original designation of the boundary of the historic within the boundaries of the should have its designation district as it existed at the time entire historic district prior to removed because the historic f original designation or that removal of a historic integrity has been irreversibly as once part of a platted lot designation of a historic district lost due to inappropriate that touched the edge but has or any part thereof. development in that part of the been subdivided should have district, then that part of the its designation removed, district may be removed in because the historic integrity accordance with the procedures has been irreversibly lost due to in LDR Section 4.5.1(0). inappropriate development in that part of the district, then that part of the district may be removed in accordance with the procedures in LDR Section 4.5.1(0). PROCEDURES Removal Submitted to HPB Submitted to HPB N/A Application Written Request by Property Written Request by Property Removal Initiation Owner(s) Owner(s) By Historic Preservation Board Historic Preservation Board City Commission City Commission City Commission Survey of entire district within last 12 months by a Historic Preservation Planning Expert meeting the National Park Service Professional Documentation Survey within last 12 months Qualification Standards for Required by by Historic Preservation Historic Preservation and N/A Property Owners Planning Expert located in possessing a demonstrable Seeking Removal South Florida. level of historic preservation experience and expertise in South Florida developmental and architectural history If none available, owners seeking removal provide survey by HP expert at own expense. LDR Amendments re: Removal of Historic Designation; Ordinance 09-08 r HPB Meeting of April 2,2008 Page 8 of 10 Ordinance Comparison Chart . VERSION 1 VERSION 2 VERSION 3 (Alt) (Alt#4) (Alt#5) Justification letter by HPPE Justification letter by the HPPE. located in South Florida. Documentation Curriculum Vitae of HPPE who Curriculum Vitae of HPPE who Required by provided survey and letter. provided survey and letter. N/A Property Owners Photographs and addresses of Photographs and addresses of Seeking Removal properties seeking removal. properties seeking removal. All property owner signatures Majority of property owner within removal area. signatures within removal area. The survey shall be or have been conducted within five (5) years by a qualified planning consultant or team (contracted through the City and meeting the National Park Service Professional Qualification Standards for Historic Survey Preservation) possessing a Requirements for N/A N/A demonstrable level of historic City Commission preservation experience and expertise in South Florida developmental ar architectural history. All surveys shall contain a detailed report to include an historical overview of the area in terms of both development and architecture. PZ Director or designee to PZ Director or designee to PZ Director or designee to evaluate for compliance with evaluate survey and report Review of evaluate for compliance with criteria for removal, prepare information in preparation of Submitted historic status criteria and analysis report of property(ies) designation removal report to Information prepare analysis report of seeking removal, provide include Staff property(ies)seeking removal. recommendation regarding Recommendation. removal. To property owners and those To property owners and those To property owners and those Public Notice within 500' radius in addition to within 500' radius in addition to within 500' radius in addition other requirements. other requirements. to other requirements. HPB recommendation (based HPB recommendation (based HPB recommendation (based on illustration of removal on application fulfilling removal on application fulfilling removal qualification per survey, criteria) to City Commission if criteria) to City Commission if report, and staff majority of present members majority of present members recommendation) to City vote in affirmative for removal. vote in affirmative for removal. Commission if majority of present members vote in Public Hearing affirmative for removal. Review HPB recommendation Review HPB recommendation Review HPB recommendation in form of Ordinance. Vote in form of Ordinance. V— in form of Ordinance. Requires requires majority unless a requires majority unless four affirmative votes for property owner within 500' property owner within 500' object to removal, then super removal /fie object to removal, then super majority (four votes) is h ' majority(four votes) is required. mrea red. A.. poll, LDR Amendments re: Removal of Historic Designation;Ordinance 09-08 I-1PB Meeting of April 2,2008 Page 9 of 10 APPENDIX B (The following has been copied from the National Park Service Website.) In the September 29, 1983, issue of the Federal Register, the National Park Service published the following Professional Qualification Standards as part of the larger Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation. These Professional Qualification Standards are in effect currently. Since 1983, the National Park Service has not issued any revisions for effect, although the National Park Service is in the process of drafting such revisions. The following requirements are those used by the National Park Service, and have been previously published in the Code of Federal Regulations, 36 CFR Part 61. The qualifications define minimum education and experience required to perform identification, evaluation, registration, and treatment activities. In some cases, additional areas or levels of expertise may be needed, depending on the complexity of the task and the nature of the historic properties involved. In the following definitions, a year of full-time professional experience need not consist of a continuous year of full-time work but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent of a year of full-time experience. History The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following: 1. At least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historical organization or agency, museum, or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of history. Archeology The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus: 1. At least one year of full-time professional experience or equivalent specialized training in archeological research, administration or management; 2. At least four months of supervised field and analytic experience in general North American archeology; and 3. Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period. Continued... LDR Amendments re: Removal of Historic Designation; Ordinance 09-08 HPB Meeting of April 2,2008 Page 10 of 10 Architectural History The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field, with coursework in American architectural history; or a bachelor's degree in architectural history, art history, historic preservation or closely related field plus one of the following: 1. At least two years of full-time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history. Architecture The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time experience in architecture; or a State license to practice architecture. Historic Architecture The minimum professional qualifications in historic architecture are a professional degree in architecture or a State license to practice architecture, plus one of the following: 1. At least one year of graduate study in architectural preservation, American architectural history, preservation planning, or closely related field; or 2. At least one year of full-time professional experience on historic preservation projects. Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specifications for preservation projects. VERSION 1 ORDINANCE NO. 09-08 (alt) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, `HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA FOR REMOVAL OF HISTORIC DESIGNATION FROM PART OF A DISTRICT", AND A NEW SUBSECTION 4.5.1(0), "REMOVAL PROCEDURES", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR REMOVING A HISTORIC S 1'RUCTURE, BUILDING, SITE, OR PART OF A DISTRICT FROM THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on and voted to to recommend that the changes be approved;and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan;and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report;and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(N), "Criteria for removal of Historic Designation" and 4.5.1(0), "Removal Procedures", of the Land Development Regulations of the City of Delray Beach, Florida,be,and the same is hereby enacted to read as follows: (N) Criteria for Removal of Historic Designation from Part of a Historic District: (1) If, after a survey conducted within the last twelve (12) months, a Historic Preservation Planning Expert in historic structures and districts located in South Florida determines that a part of a district is located at the edge of the boundary of the historic district as it existed at the time of original designation should have its designation removed because the historic integrity has been irreversibly lost due to inappropriate development in that part of the district, then that part of the district may be removed in accordance with the procedures in LDR Section 4.5.1(0). (a) If a property owner within the part of the district seeking removal of the designation determines that they want to retain the designation for their property, then they may apply to individually designate their property pursuant to LDR Section 4.5.1(B) and (C). If a property has received a tax exemption pursuant to LDR Section 4.5.1(M) as a contributing structure within a historic district but does not qualify for individual designation, then the part of the district seeking to have the designation removed which includes said property may not have the designation removed until the tax exemption expires pursuant to LDR Section 4.5.1(M)(3). (0) Removal Procedures. (1) Applications for removal shall be made to the Historic Preservation Board on an application form developed and approved by the Board. (a) Application for removal of a historic designation from part of a district may be initiated by written request of: (1) The owner(s) of the designated property(ies); a. If the owner(s) of the designated property(ies) seek removal,then they must provide: 1. a current survey of the part of the district seeking removal prepared within the last twelve (12) months by a Historic Preservation Planning Expert located in South Florida; 2. a letter of justification for the removal prepared by a Historic Preservation Planning Expert located in South Florida; 3. a curriculum vitae of the Historic Preservation Planning Expert located in South Florida that performed the survey and prepared the justification letter above; 2 ORD. NO. 09-08 4. photographs and addresses of all properties within the part of the historic district seeking removal of the designation;and 5. signatures of the owners of all properties within the part of the historic district seeking removal. (2) The Historic Preservation Board; or (3) The City Commission. (2) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each removal application to determine if it generally conforms with historic status criteria. The Planning and Zoning Director or his/her designee shall then prepare a removal of designation report which shall contain the following: (a) Proposed legal boundaries of the historic building, archaeological site, structure, or district; (b) Analysis of the historic significance and character of the property(ies) for which removal of historic designation has been sought. (3) Upon completion and formal review of the report, a public hearing shall be held on each proposed removal of historic designation. Notice of said hearing shall be made to the owner of affected property(ies) at least ten (10) days prior to the hearing by regular mail. Additional notice shall be given in the same manner as provided for a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice published in the newspaper at least ten (10) days prior to the hearing,provided;however,posting pursuant to 2.4.2(B)(1)(b) is not required. (4) After conducting the public hearing, if the Historic Preservation Board finds that the removal application fulfills the proper criteria for removal of historic designation and all procedures have been followed correctly, it shall vote on the recommendation of removal of the designation. A majority of the entire Board, present and voting, must act in the affirmative to transmit the recommendation for removal to the City Commission. The City Commission shall consider the recommendation through its standard ordinance adoption procedures, except that at least four (4) affirmative votes of the City Commission are necessary to remove a designation. Section 2. 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. 3 ORD. NO. 09-08 • Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2008. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD. NO. 09-08 Rev.3/11/08 3/25/08 VERSION 2 ORDINANCE NO. 09-08 (alt#4) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRT,RAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, `HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA FOR REMOVAL OF HISTORIC DESIGNATION FROM PART OF A DISTRICT", AND A NEW SUBSECTION 4.5.1(0), "REMOVAL PROCEDURES", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR REMOVING A HISTORIC STRUCTURE, BUILDING, SITE, OR PART OF A DISTRICT FROM THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on and voted to to recommend that the changes be approved;and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan;and WHEREAS, the City Commission of the City of Dekay Beach adopts the findings in the Planning and Zoning Staff Report;and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(N), "Criteria for removal of Historic Designation" and 4.5.1(0), "Removal Procedures", of the Land Development Regulations of the City of Delray Beach, Florida,be, and the same is hereby enacted to read as follows: (N) Criteria for Removal of Historic Designation from Part of a Historic District: (1) If, after a survey conducted within the last twelve (12) months, a Historic Preservation Planning Expert meeting the National Park Service Professional Qualification Standards for Historic Preservation and possessing a demonstrable level of historic preservation experience and expertise in South Florida developmental and architectural history determines that a part of a district that touches the edge of the boundary of the historic district as it existed at the time of original designation or that was once part of a platted lot that touched the edge but has been subdivided should have its designation removed because the historic integrity has been irreversibly lost due to inappropriate development in that part of the district, then that part of the district may be removed in accordance with the procedures in LDR Section 4.5.1(0). (a) If a property owner within the part of the district seeking removal of the designation determines that they want to retain the designation for their property, then they may apply to individually designate their property pursuant to LDR Section 4.5.1(B) and (C). If a property has received a tax exemption pursuant to LDR Section 4.5.1(M) as a contributing structure within a historic district but does not qualify for individual designation, then the part of the district seeking to have the designation removed which includes said property may not have the designation removed until the tax exemption expires pursuant to LDR Section 4.5.1(M)(3). (0) Removal Procedures. (1) Applications for removal shall be made to the Historic Preservation Board on an application form developed and approved by the Board. (a) Application for removal of a historic designation from part of a district may be initiated by written request of: (1) Any owner(s) of property(ies) within the part of the district seeking removal: a. If an owner(s) of designated property(ies) seeks removal, then they must provide: 1. a current survey of the district seeking removal prepared within the last twelve (12) months by a Historic Preservation Planning Expert meeting the National Park Service Professional Qualification Standards for Historic Preservation and possessing a demonstrable level of historic preservation experience and expertise in South Florida developmental and architectural history (if none has been prepared within the last twelve (12) months, then said owner(s) shall bear the expense 2 ORD. NO. 09-08 expense for the survey); 2. a letter of justification for the removal prepared by the Historic Preservation Planning Expert; 3. a curriculum vitae of the Historic Preservation Planning Expert that performed the survey and prepared the justification letter above; 4. photographs and addresses of all properties within the part of the historic district for which removal of the designation is sought; 5. signatures of the majority of the property owners within the part of the historic district seeking removal. (2) The Historic Preservation Board; or (3) The City Commission. (2) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each removal application to determine if it generally conforms with criteria for removal provided in Section 4.5.1(N)(1). The Planning and Zoning Director or his/her designee shall then prepare a removal of designation report which shall contain the following: (a) Proposed legal boundaries of the historic building, archaeological site, structure, or district; (b) Analysis of the historic significance and character of the property(ies) for which removal of historic designation has been sought. (c) A staff recommendation as to whether or not removal is warranted due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or part of a district. (3) Upon completion and formal review of the report, a public hearing shall be held on each proposed removal of historic designation. Notice of said hearing shall be made to the owner(s) of the affected district at least ten (10) days prior to the hearing by regular mail. Additional notice shall be given in the same manner as provided for a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice published in the newspaper at least ten (10) days prior to the hearing,provided;however,posting pursuant to 2.4.2(B)(1)(b) is not required. 3 ORD. NO. 09-08 (4) After conducting the public hearing, if the Historic Preservation Board finds that the removal application fulfills the proper criteria for removal of the historic designation and all procedures have been followed correctly,it shall vote on the recommendation of removal of the designation. A majority of the entire Board, present and voting, must act in the affirmative to transmit the recommendation for removal to the City Commission. The City Commission shall consider the recommendation through its standard ordinance adoption procedures, except that if any property owner within five hundred feet (500') of the edge of the property seeking removal and/or in the historic district wherein property seeking removal is located objects to the removal of the historic designation, the City Commission approval shall require a super majority vote of four (4)votes. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2008. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD. NO. 09-08 Rev.3/14/08 VERSION 3 ORDINANCE NO.=08 (alt#5) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BY AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, `HISTORIC PRESERVATION SITES AND DISTRICTS", BY ENACTING A NEW SUBSECTION 4.5.1(N), "PROCEDURES FOR REMOVAL OF HISTORIC DESIGNATION FROM A DISTRICT OR PART OF A HISTORIC DISTRICT", IN ORDER TO PROVIDE A METHOD FOR REMOVAL OF A DESIGNATION FROM A DISTRICT OR PART OF A DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DA t'H. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on and voted to to recommend that the changes be approved;and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan;and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report;and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section 1. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(N), "Procedures for Removal of Historic Designation from a District or Part of a Historic District", of the Land Development Regulations of the City of Delray Beach, Florida,be,and the same is hereby enacted to read as follows: (N) Procedures for Removal of Historic Designation from a District or Part of a Historic District: (1) The City Commission shall initiate the removal of a historic designation from a district or part of a district and shall make a final determination in accordance with the procedures below. (a) A comprehensive survey completed within the last five (5) years or less shall be considered including all structures within the boundaries of the entire historic district prior to removal of a historic designation of a historic district or any part thereof. (b) The survey shall be conducted according to the followingi 1. The survey shall be or have been conducted by a qualified planning consultant or team (contracted through the City and meeting the National Park Service Professional Qualification Standards for Historic Preservation) possessing a demonstrable level of historic preservation experience and expertise in South Florida developmental and architectural history. 2. All surveys shall contain a detailed report to include an historical overview of the area in terms of both development and architecture. (c) Exception for properties receiving tax exemption: 1. If it is determined that a district or part thereof should have its designation removed, but properties within that area have received tax exemptions pursuant to LDR Section 4.5.1(M) as contributing structures within a historic district, the property owner(s) shall apply to individually designate their property pursuant to Section 4.5.1(B) and (C), but if they do not qualify for individual designation,then the district or part of the district being considered for removal may not have the designation removed until the tax exemption(s) expire(s) pursuant to LDR Section 4.5.1(M)(3). (2) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each survey and report and shall then prepare a removal of designation report which shall contain the following: (a) Proposed legal boundaries of the historic building, archaeological site, structure, district or part of a district that should be removed; and (b) Analysis of the historic significance and character of the property(ies) for which removal of historic designation is being considered. (c) A staff recommendation as to whether or not removal is warranted due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or part of a district. 2 ORD. NO. -08 (3) Upon completion and formal review of the report, a public hearing shall be held on each proposed removal of historic designation. Notice of said hearing shall be made to the owner (s) of the affected district at least ten (10) days prior to the hearing by regular mail. Additional notice shall be given in the same manner as provided for a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice published in the newspaper at least ten (10) days prior to the hearing; provided, however, posting pursuant to 2.4.2(B)(1)(b) is not required. (4) After conducting the public hearing, if the Historic Preservation Board finds that the survey,report, and staff recommendation illustrate that the historic integrity of the property has been irreversibly lost due to inappropriate development in the district or part of the district being considered for removal,it shall vote on the recommendation of removal of the designation. A majority of the entire Board, present and voting, must act in the affirmative to transmit the recommendation for removal to the City Commission. (5) The City Commission shall consider the recommendation of HPB in the form of an ordinance at a public hearing and shall make a finding as to whether the historic integrity of the property has been irreversibly lost due to inappropriate development in the district or part of the district being considered for removal based on the evidence presented at the public hearing. If any property owner within five hundred feet (500') of the edge of the property being considered for removal and/or in the historic district wherein property being considered for removal is located objects to the removal of the historic designation, the City Commission approval of the ordinance allowing removal shall require a super majority vote of four (4)votes of the City Commission. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. 3 ORD. NO. -08 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2008. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD. NO. -08 West Atlantic Redevelopment w... . =w: Coalition WEST ATLANTIC REDEVELOPMENT COALITION (WARC) WEDNESDAY, APRIL 9th , 2008 DELRAY BEACH POLICE DEPARTMENT 2nd FLOOR CONFERENCE ROOM 301 W. ATLANTIC AVENUE DELRAY BEACH, FL AGENDA 1. Call to Order 2. Prayer 3. Approval of Agenda 4. Approval of Minutes of March 12, 2008 5. Public Comments P &Z 6. Amendment to LDR- Pertaining to the removal of historic designation from part of a historic district. New Business 7. Treasury 8. Spady Gala —table 9. Marketing Brainstorming Meeting — report of results of discussion Old Business 10. Monthly Report Other Business 11. Comments by the Board 12. Comments by Staff HPB Checklist Page 5 of 5 C. If neither A nor B apply, the Board shall otherwise follow all procedures and impose conditions as required of the Board of Adjustment: 1. Do special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings subject to the same zoning? 2. Does the literal interpretation of the LDRs deprive the applicant of rights commonly enjoyed by other properties subject to same zoning? 3. Do special conditions and circumstances exist that were not the result of the applicant's own actions? 4. Will the granting of a variance confer a special privilege on the applicant that is denied to other lands, structures or buildings under the same zoning? 5. Do the reasons set forth in the variance petition justify granting the variance? 6. Is granting of the variance in harmony with the purpose and intent of existing regulations, meaning it will not be injurious to the neighborhood? 5 HPB Checklist Page 4 of 5 II. VARIANCES: (Pursuant to Section 4.5.1(J)) A. A variance is necessary to maintain the historic character of property if the following questions can be answered in the affirmative: YES NO 1. Is the variance contrary to the public interest, safety, or welfare? 2. Do special conditions and circumstances exist because of the historic setting, location, nature, or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district? 3. Does the literal interpretation of the provisions of existing ordinances alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character of the historic district or historic site? 4. Is the variance requested the minimum necessary to preserve the historic character of a historic site or of a historic district? B. As an alternative to subsection A, a variance may be necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site if the following questions can be answered in the affirmative: YES NO 1. Is the variance contrary to the public interest, safety, or welfare? 2. Will the variance significantly diminish the historic character of the Historic District or Site? 3. Is the variance requested the minimum necessary to affect the adaptive reuse of an existing structure or site? 4 4 HPB Checklist Page 3 of 5 YES NO D. Walls/Fences: 1. Are the wall/fencing materials compatible with the subject structure and adjacent structures in the district? E. Hurricane Shutters: 1. Are the shutters removable? 2. If the shutters are not removable, are they located so that they are not visible from the public right-of-way? 3. If the shutters are not removable and are visible from the right-of-way, are the tracks compatible with the exterior surface and color of the structure? F. Demolitions: 1. Has the applicant provided a certified report from an engineer or architect explaining that the structure is structurally unsound or damaged beyond repair? 2. Has the applicant provided a certified report from an engineer, architect or general contractor explaining the projected costs of repairing the structure? a. Do the costs to repair the structure result in an undue economic hardship to the owner?' 3. Has the applicant provided an appraisal of the property in its current condition, along with its estimated value as vacant land and its potential value as a preserved and restored historic property? a. Do the estimated appraisals of the property show that an undue economic hardship is likely to result if the owner's demolition request is denied?' 4. Has the applicant provided documentation to illustrate that reasonable efforts have been made to find a suitable alternate location for the structure? 1 Additional information must be submitted to make final determination of undue economic hardship pursuant to Section 4.5.1(H)of the LDRs. 3 HPB Checklist Page 2 of 5 YES NO 5. Rhythm of Buildings on Streets: Are the relationships of buildings to open space visually compatible in the district? 6. Entrances: Are the entrances and porch projections compatible with the prevalent architectural styles of entrances in the district? 7. Materials/Color: Are the materials, texture, and colors of the proposed building compatible with the materials, texture and colors of adjacent structures in the district? 8. Scale of Building: Is the size and mass of the subject structure compatible with the size and mass of adjacent structures in the district? 9. Direction: Is the direction of the front elevation compatible with adjacent structures in the district? 10. Architectural Style: Is the architectural style of the structure uniform? B. Additions to Individually Designated and/or Contributing Structures Only: 1. Is the addition located to the rear or least public side of historic structure? 2. Are the characteristic features of the original structure maintained? 3. Will the basic form and character of the historic structure remain intact if the addition is removed? 4. Does the addition mimic too closely the historic structure? 5. Does the addition introduce a new architectural style? 6. Is the addition secondary to the main historic building? C. Roof: 1. Is the roof shape and materials compatible with the shape and materials of adjacent structures in the district? 2. Is the roof shape and materials compatible with the architectural style of the subject structure? 2 4 REVISED HISTORIC PRESERVATION BOARD CHECKLIST I. CERTIFICATES OF APPROPRIATENESS: (Pursuant to Sections 2.4.6(H) and 4.5.1) A. New Construction/Additions: YES NO 1. Height: Is the height compatible in comparison to the height of existing structures and buildings in the district? For major development, visual compatibility with respect to the height of residential structures, shall also be determined through application of the following: a. Building Height Plane (BHP): The Building Height Plane line is extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street along the lot frontage. The angle shall be established at a two to one (2:1) ration. Is there a two to one (2:1) ratio here? (Structures relocated to historic sites or districts shall be exempt). b. First Floor Maximum Height: (1) Single story: (a) Height from finished floor elevation to top beam shall not exceed 14'. Is this met? (b) Mean Roof Height shall not exceed 18'. Is this met? (c) Upper Story: (1) Height from finished floor elevation to finished floor elevation shall not exceed 12'. Is this met? 2. Facade: Is the front facade of each structure visually compatible with the width and height of the front elevation of adjacent buildings in the district? 3. Openings: Are the openings (windows and doors) visually compatible with prevailing historic architectural styles in the district? 4. Rhythm of Solids to Voids: Are the relationships between solids and voids visually compatible with existing historic buildings within the district? Revised 4/2/2008 IIII II :44111111411L HISTORIC PRESERJUIION BOARD April 2, 2008 MEETING COMMENCED: 6:00 p.m. II. A. III. A. NAME ATTEND 140 NE 4th Avenue Ordinance 09-08 LaFrance Apartments First Motion Second VOTE COA VARIANCE Amended Motion APPROVED APPROVED Denied 6 to 0 Approved 6 to 0 6TO0 6T00 ROGER COPE MADE MOTION SECONDED MADE MOTION MADE MOTION JAN KUCERA ABSENT LINDA LAKE MADE MOTION SECONDED JOANNE PEART SECONDED RHONDA SEXTON SECONDED KEITH SNIDER TONI DEL FIANDRA Item II. A. 140 NE 4th Avenue: Conditions: 1. That the "A" in "La" is smaller than the "L" as depicted in the 1950s postcard. 2. The bottom of the sign applied to the wall be raised to mimic the placement of the original sign on the 1950s postcard as presented in the file. Item III. A. Ordinance 09-08 Amended Motion: Recommend to the P&Z Board Prompt staff to move forward with the survey of the Marina Historic District and after they obtain the survey of the Marina Historic District they will consider an overlay district as an alternative, but if they do not consider that then they consider version 2 of the Ordinanaces before you tonight after City staff and the HPB has time to review the survey Meeting Adjourned: 8:30 p.m. ! HISTORIC PRESERVA V ION BOARD April 2, 2008 MEETING COMMENCED: 6:00 p.m. II. A. III. A. NAME ATTEND 140 NE 4th Avenue Ordinance 09-08 LaFrance Apartments First Motion Amended Motion VOTE COA VARIANCE APPROVED APPROVED Denied 6 to 0 Denie'd,6 to 0 6TO0 6TO0 ROGER COPE MADE MOTION SECONDED MADE MOTION MADE MOTION JAN KUCERA ABSENT LINDA LAKE MADE MOTION SECONDED SECONDED JOANNE PEART SECONDED RHONDA SEXTON KEITH SNIDER TONI DEL FIANDRA Item II. A. 140 NE 4th Avenue: Conditions: 1. That the "A" in "La" is smaller than the "L" as depicted in the 1950s postcard. 2. The bottom of the sign applied to the wall be raised to mimic the placement of the original sign on the 1950s postcard as presented in the file. Item Ill. A. Ordinance 09-08 Amended Motion: Prompt staff to move forward with the survey of the Marina Historic District and after they obtain the survey of the Marina Historic District they will consider an overlay district as an alternative, but if they do not consider that then they consider version 2 of the Ordinanaces before you tonight after City staff and the HPB has time to review the survey Meeting Adjourned: 8:30 p.m. HISTORIC PRESERVATION BOARD April 2, 2008 MEETING COMMENCED: ( 6:00) p.m. II. A. III. A. NAME ATTEND 140 NE 4t" Avenue Ordinance 09-08 LaFrance Apartments A,,Al et)a Li' i/Azofice J /CP° ' tN `' VOTE /� v ' �, (p ROGER COPE "1 117 JAN KUCERA LINDA LAKE �� in 0 (� ' J T 1 JOANNE PEART m,1 v RHONDA SEXTON c KEITH SNIDER A TONI DEL FIANDRA Meeting Adjourned p.m. DELRAY BEACH F l R 1 O A kalgral All-America City I 1993 2001 SIGN IN SHEET 2 001 Regular Historic Preservation Board Meeting April 2, 2008 PRINT FULL NAME ADDRESS OR ITEM NO. ORGANIZATION 1(14 - 1( en/ 31 71'v kluge /I/A- j).,4",/ 2 ) ) `4- ,6 ‘ 14 k. c- P c -7- 1),z_ \ r :_ ___, CP/ 1 i ,;> -P---ye_ (' zt}'''\1 / , � • J ) qr \ d47-? E _2_, ) 6- -2_1) i t Cf - / '�- 1 . 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