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HPB 08-06-08 ,04. AGENDA 'Drk� HISTORIC PRESERVATION BOARD MEETING €404� CITY OF DELRAY BEACH Meeting Date: August 6, 2008 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. ACTION ITEMS A. Adoption of Rules and Regulations of the Historic Preservation Board B. Forward a recommendation to the Planning and Zoning Board for City initiated amendments to the Land Development Regulations (LDRs) Historic Preservation Sites and Districts", Enacting a New Subsection 4.5.1(N), "Criteria for change of Historic Designation and/or Classification", and a new Subsection 4.5.1(0), "Procedures for change of Historic Designation and/or Classification", in Order to Provide Criteria And a Method for a Change of Historic Designation and/or Classification. C. Forward a recommendation to the Planning and Zoning Board for City initiated amendments to the Land Development Regulations (LDR) for Ordinance 30-08, Pertaining to the Land Development Regulations (LDR) Section 2.2.6, "The Historic Preservation Board", Subsection (D), "Duties, Powers, and Responsibilities", to provide consistency with the Requirements Listed in Other Sections in the LDRs, Amending Section 4.5.1, "Historic Preservation Sites and Districts" Subsection (D), "Review and Approval Procedures", (E), "Development Standards", (F), "Restrictions on Demolitions", (H), "Undue Economic Hardship" and (I), "Historic Preservation Board to Act on Site Plans, Landscape Plans, and Architectural Elevations", to Require that Relocation of a Structure not Occur until the Redevelopment Plans Have Been Issued. D. 338 NE 1st Avenue, Old School Square Historic District — Walter Waksmacki, Property Owner. Consideration of a Class V Site Plan Extension Request for a mixed-use Residential/Office development (2006-170) and two waiver requests. + Historic Preservation Board Meeting Agenda;August 6, 2008 Page 2 of 2 V. CERTIFICATES OF APPROPRIATENESS A. 118 Dixie Boulevard, Del-Ida Park Historic District—Joseph Romano, Property Owner; Peter Dwyer, Authorized Agent. Consideration of a Certificate of Appropriateness (2008-173) associated with as-built window and door alterations. B. 139 NW 5th Avenue, West Settlers Historic District — Mike Hammad, Property Owner; RJS Architects, Inc., Authorized Agent. Consideration of a Certificate of Appropriateness and Class III Site Plan Application (2008-166) associated with interior additions on a non-contributing property. C. 711 North Swinton Avenue, Del-Ida Park Historic District — David Rosenbom, Property Owner, TI Architecture, Inc., Authorized Agent. Consideration of a Certificate of Appropriateness (2008-198) for an addition to a non- contributing property. VI. REPORTS AND COMMENTS • Public Comments • Board Members • Staff o Reschedule September 3, 2008 Meeting VII.ADJOURN Claw E. attecul.P/Z Amy E. Alvarez Historic Preservation Planner Posted on: July 31, 2008 f RULES AND REGULATIONS OF THE CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ARTICLE I Section 1. Authority. The Historic Preservation Board (hereinafter referred to as the Board) shall be governed by Section 2.2.6 of the Land Development Regulations, of the Code of Ordinances of the City of Delray Beach, and the rules and regulations as set forth herein, when adopted by the Board and approved by the City Commission. Section 2. Composition. The Board is to consist of seven (7) members appointed by the City Commission. Section 3. Organization. (A) The Board shall elect a Chair, Vice-Chair and a 2nd Vice-Chair from among its membership each September. They will serve in this office for one calendar year, but for no more than two (2) consecutive calendar years. The Chair will preside over the Board and will have the right to vote. In the absence of the Chair, the Vice-Chair will preside. In the absence of both, the 2nd Vice-Chair shall preside over the meeting. The Chair shall appoint all committees that may be required. (B) The Historic Preservation Planner shall conduct all correspondence of the Board; maintain a file of the minutes of all meetings, indicating therein the substance of the meeting, record attendance, the vote of each member upon each question, or if absent or failing to vote because of a conflict of interest, indicate such fact; maintain records of Certificates of Appropriateness and Appeals for a Variance and other official actions. (C) A Board Clerk shall be provided by the City Manager from among the City staff and shall take and transcribe the minutes of each meeting of the Board. Section 4. Absences. A Board member absent at three (3) consecutive regular meetings shall constitute an automatic resignation from the Board by such member. Each board member shall be responsible for notifying the Board Clerk or the Chair as promptly as possible of any anticipated absence from a Board meeting. In addition to automatic resignation from the Board, a Board member may resign by filing a written statement of resignation with the Chair of the Board. Furthermore, any member may be removed, with or without cause, by a majority vote of the City Commission. Replacement membership will be made by the City Commission in accordance with the provisions of Section 2.2.1(F) of the Land Development Regulations. ARTICLE II Section 1. Meetings. (A) Meetings shall be divided into three (3) categories: regular, special and workshop. (B) The Board shall conduct a regular meeting each calendar month. This meeting shall be held in the evening hours (after 5:00 p.m.) on the first and third Wednesday of each month, unless there is no cause to hold such meeting, or that date falls on a holiday as designated by the City of Delray Beach. The Board,by a majority vote of the Board present and voting, may change the day and time for its regular meeting as long as no Board member would be subject to automatic removal by the change. (C) A special meeting may be called by the Chair or Vice-Chair or by petition signed by not less than four members of the Board. A special meeting may be called subject to notification of the members in sufficient time so they may make arrangements to attend. 2 r (D) Workshop meetings shall be held as needed and may be called by the Chair or Vice-Chair. (E) Public hearings are to be conducted in accordance with all statutory provisions. Public hearings are required by reason of the filing of an appeal for a variance to the City Code or for purposes of determining a historic district or historic site. The public hearing may be held at a regular or special meeting. Section 2. Quorum. A Quorum shall consist of four (4) members of the Board in order to conduct any of the meetings listed in Article II, Section 1. Section 3. Personal Conflict of Interest. Neither members of the Board, the Historic Preservation Planner, Board Clerk, or a member of the City supportive staff shall appear or represent before the Board a person or persons in any matter pending before the Board. No member of the Board shall hear or vote upon a matter before the Board in which he or she is directly or indirectly affected financially. Whenever a member of the Board has a personal, private, or professional interest in any matter which is before the Board, that member shall disclose said conflict of interest before discussion and vote, shall refrain from voting and shall file the proper form setting forth such conflict with the Board Clerk pursuant to the provisions of Chapter 112, Florida Statutes. If the departure of a member is required for this reason and said departure no longer provides for a quorum, then the item before the Board shall be continued and voted upon at the next regular or special meeting. Section 4. Conduct of Meetings. 3 ry All meetings shall be open to the public. In the event a witness or witnesses are required to give testimony under oath, such oath shall be administered by the Chair,Vice-Chair, 2nd Vice- Chair or Board Clerk. 4 Section 5. Order of Business. (A) The order of business at regular or special meetings shall be as follows: (a) Roll call (b) review and approval of minutes of previous meeting(s), as printed or changed by deletion or substitution (c) approval of agenda (d) hearing of Certificate(s) of Appropriateness and decision thereon (e) reports of Committees and special reports (f)unfinished business (g) new business(h) adjournment. The Chair may, at his or her discretion, change the order of business. (B) The order of business for public hearings, that are not quasi-judicial hearings, is as follows: (a) Roll call (b) purpose of public hearing (c) comments from the public or witnesses, pro or con (d) close of public hearing (e) comments by members of the Board (f) vote on item before the Board. (C) Certificates of Appropriateness, Variances or other site specific actions taken by the Board will be held in accordance with these rules governing quasi-judicial hearings. The Chair may establish appropriate time limits for all arguments, but such time limits shall be equal for both sides. Witnesses may be called and factual evidence and exhibits may be submitted. Section 6. Requirements. The requirements of Section 4.5.1(J) of the Land Development Regulations shall be met prior to the Board granting a variance from existing ordinances. Requirements for the designation of a historic district or site, shall be met by fulfilling the provisions of Section 4.5.1 of the Land Development Regulations. Public hearings will be held when required by City ordinance. 5 Section 7. Decisions. Voting, at all meetings, shall be by roll call vote. Roll call shall be on a rotating basis. The voting of each member shall be"yes" (in favor of the motion), "no" (opposed to the motion), or "abstain" in the event of a conflict of interest. A Certificate of Appropriateness shall only be denied if four voting Board members vote to deny it. All other matters voted upon the Board shall pass if a majority of the Board, that is present and voting, votes in favor of the item or action requested. Section 8. Appeals of Decisions. Appeals of decisions of the Board may be made at the appropriate time and in the appropriate manner to the City Commission as set forth in the ordinances of the City of Delray Beach. Section 9. Rules of Procedure. Robert's Rules, latest edition, shall govern all questions of parliamentary procedures not specifically provided for herein. Section 10. Procedures for Quasi-Judicial Hearings. (A) Definitions: Applicant- the owner of record or his or her authorized agent. Citizen Participants - those members of the general public, other than the City, the Applicant, or other Party to the proceeding, who attend a quasi-judicial public hearing for the purpose of being heard on a particular application. Ex Parte - communications, oral or written, between members serving on the board or commission and the public, other than those made on the record at the hearing. Party - the owner of property located within 500 feet of the property that is the subject of the application and who meets the additional requirements set forth in Section (B)(2)below. Quasi-Judicial Proceedings — proceedings where existing policies and regulations are applied to a specific property. Examples are site specific rezonings, conditional use approvals, 6 site plan approvals, waivers and variances,plat approvals, certificates of appropriateness, historic designations, but not land use amendments or amendments to the comprehensive plan and not generally, amendments to the Land Development Regulations. Relevant Evidence — evidence that either strengthens or weakens the application by supporting or disapproving factual assertions related to the application. (B) General Processing for Hearings. (1) File/Inspection. (a) Establishing the File. The Planning and Zoning Department shall establish a project file. All written communications shall be sent to the Planning and Zoning Department. The project file will be maintained in the Planning and Zoning Department. (b) Contents of the File. The project file will contain all written communications that are sent to the Planning and Zoning Department prior to the hearing. The project file will include, but not be limited to, all Staff reports, pertinent sections of the Code of Ordinances, Land Development Regulations, Comprehensive Plan and State Statutes, whichever is applicable. The file will contain resumes of staff or curricula vitae, drawings, documents and all other pertinent documents. (c) Supplementation of the File. The Board clerk will supplement the project file with all documents submitted at the hearing. (d) File for Inspection. The project file will be made available upon request for public inspection. (e) File Placed into the Record. The Planning and Zoning Staff member making the presentation shall place the project file into the record at the hearing. (2) Party Status. (a) Party Status - Written Requests; Timeframe. In order to obtain status as a Party, the owner of property located within 500 feet of the subject property must make a written request, meeting the requirements of(B)(2)(b)below, which is received by the Planning and Zoning Department three or more business days prior to the hearing. (b) Contents of Request. The written request shall outline the effect of the application on the owner's property. To obtain Party status, the owner must describe the effect of the application on owner's 7 property that is different from the effect on the public as a whole. The City Attorney's Office will advise as to whether sufficient facts have been alleged to achieve Party status and shall notify the person requesting Party status of the City Attorney's Office opinion as to the adequacy of the request. Ultimate decisions as to Party status shall be made by the City Commission or the Board. The decision to confer Party status at the hearing before the City Commission or a Board shall not be seen as a waiver of the City's right to contest the standing of any Party in court. (3) Time Limits. (a) Staff Time Limits. The City Staff shall have up to 20 minutes (including the presentation of witnesses and expert witnesses) to present the city's case. (b) Applicant Time Limits. The Applicant shall have up to 20 minutes (including the presentation of witnesses and expert witnesses) to present the Applicants case. (c) Party Time Limits. A Party may have up to 20 minutes (including the presentation of witnesses and expert witnesses). (d) Citizen Participants in General. Citizen participants not represented by a representative speaker shall have three (3)minutes to speak. (e) Participants with a Representative. Speakers representing a group of six (6) or more interested citizens in attendance at the meeting shall have six (6) minutes to speak, as long as those being represented identify themselves and yield their time to the representative at the meeting. (f) Representing an Organization. Speakers representing an organization that is comprised of interested citizens shall have six (6) minutes to speak. (g) Extension of Time by the Commission or Board. The Board may, at their discretion, extend the time for presentations. (C) Conduct of the Hearing. (1) Swearing in of Witnesses. All Witnesses, Parties, the Applicant, Citizen Participants and their representatives and City Staff who plan to speak at the hearing shall collectively be sworn at the beginning of the hearing by the Chair, Vice-Chair, 2nd Vice-Chair, or the Board Clerk. (2) Disclosure of Ex Parte Communications. The Board shall disclose any ex parte communications and disclose whether any member physically 8 inspected the property. To the extent possible, the Board member shall identify with whom the communication took place, summarize the substance of the communication, and the date of the site visit, if any. The Board members shall give the Board clerk any written ex parte communications they have received that are not already included in the project file. (3) Presentation of the Case. (a) The City Staff shall present its case. (b) The Applicant shall present its case. (c) Parties may present their case. (d) Citizen participants or their representatives may speak for or against the application. (e) The opportunity to cross-examination will occur after the presentation of a witness, and the manner and the conduct of cross- examination shall be as provided in these rules. (f) The City Staff, the Applicant, and Parties may have two minutes each for rebuttal (g) The Board may ask questions at any time during the proceeding. (h) The Board will commence deliberations and render a decision. (4) Basis of Decision. All decisions shall be based on the evidence presented at the hearing on the case, which shall include the minutes, the entire project file, testimony presented, and other evidence presented. Strict rules of evidence shall not apply, but evidence must be relevant to the issues before the Board. (D) Cross-examination. (1) Persons to be Cross-Examined. The City Staff, the Applicant, Parties, their respective witnesses and Citizen Participants are subject to cross- examination as set forth herein. (2) Cross-Examination Guidelines. (a) Citizen Participants are subject to cross-examination by the Board Chair only. In the event of an absence of the Board Chair, the term Board Chair shall be deemed to include the person authorized to run the meeting in their absence. If the Staff, the Applicant, or Parties desire to have the Board Chair cross examine a Citizen 9 Participant, they shall, whenever possible, present written cross- examination questions to the Board Chair prior to the commencement of the cross-examination. The Board Chair shall first ask the cross-examination questions submitted by Staff, then the Applicant, and finally the Parties based on who submitted a request and became a Party first. The Staff, Applicant, and any Parties' cross-examination through the Board Chair is limited to two (2) minutes per Citizen Participant. (b) Only the City Staff, the Applicant, or a Party may cross-examine non-Citizen Participant witnesses. (c) Cross-examination by City Staff, the Applicant, or a Party shall be limited to two (2)minutes per witness each. (d) The Board is not limited to two (2) minutes and may ask questions of anyone who testifies at any time during the proceedings. (3) Relevancy. All relevant evidence shall be accepted. (4) Scope. The scope of the cross-examination shall be limited to the facts alleged by the person testifying in relation to the application. (5) Good Faith Questions. The cross-examination shall not be designed to merely harass, intimidate, or embarrass the person testifying. (6) Power to Halt Cross Examination. The Board Chair shall determine whether the question and evidence is relevant and the proper scope of cross-examination. In the absence of the Board Chair, the term Board Chair shall be deemed to include the person authorized to run the meeting in their absence. The Board Chair may defer to the City Attorney (or Assistant City Attorney) to determine the relevancy of the question and the evidence and the proper scope of the cross-examination. The person conducting the cross-examination may be stopped from pursuing a line of questioning, if the questioning is on an issue that is not relevant, the scope of proper cross examination is exceeded, or the cross-examination is conducted in a manner that is designed to harass, intimidate, or embarrass the person being cross-examined. If a person conducting the cross- examination continues to pursue improper lines of questioning, the Board Chair may halt the cross-examination. 10 ARTICLE III Section 1. Amendments. These rules and regulations may be amended by a concurring vote of four(4)members of the Board with subsequent approval by the City Commission, provided that the proposed amendment(s) has been presented to the Board at least five (5) working days prior to the voting thereupon. Section 2. Review. These rules shall be reviewed by the Board not less than every two (2) years. Recommendations for proposed amendments shall be made in writing and reviewed for approval or disapproval of the legality,by the City Attorney's office prior to submission to the Board. Section 3. Effective Date. These rules and regulations, and any amendments thereto, shall become effective following their approval by the City Commission. Section 4. Conflict. In the event these rules and regulations, now or in the future, present a conflict with any of the Code of Ordinances of the City of Delray Beach, then those Code of Ordinances, then if effect, shall prevail. These rules and regulations of the City of Delray Beach, Historic Preservation Board were adopted by the Board on the day of , 2008. Chair,Historic Preservation Board Passed and approved by the City Commission in regular session this day of , 2008. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: 11 City Clerk Mayor, Rita Ellis 12 A HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT MEETING OF: AUGUST 6, 2008 ITEM: CITY INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.5.1, `HISTORIC PRESERVATION SITES AND DISTRICTS", ENACTING A NEW SUBSECTION 4.5.1(N), "CRITERIA FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", AND A NEW SUBSECTION 4.5.1(0), "PROCEDURES FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR A CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION. 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 in the above caption. These amendments provide criteria and a method for the removal of historic designation from part of a historic district, as well as a procedure for the reclassification of a property with respect to contributing or non-contributing to the historic district. Pursuant to LDR Section 2.2.6(D)(5), the Historic Preservation Board makes recommendations to the Planning and Zoning Board concerning amendments to the Land Development Regulations, as they apply to historic structures and districts. BACKGROUND The subject amendments were initially 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 7`h Avenue. Therefore, the City Commission requested Staff to look into preparing an Ordinance addressing the subject issue. Following the City Commission Workshop of February 12, 2008, the City Commission discussed two (2) versions of the subject ordinance and a third version was provided as an additional option. The three versions were reviewed by the required advisory boards who recommended the following: • Historic Preservation Board (HPB) considered Versions 1, 2, and 3 at their meeting of April 2, 2008 where a motion to recommend approval of the proposed Ordinance in general was made and failed by a vote of 0-6, all members present dissenting. A second motion was made to direct the Planning and Zoning Department Staff to move forward with the resurvey of the Marina Historic District, review the resurvey results, and consider an overlay district as an alternative to removal of designation, if appropriate, and utilizing "Version 2" as a guide. The second motion passed by a vote of 6-0. • Pineapple Grove Main Street committee, Downtown Development Authority (DDA), West Atlantic Redevelopment Coalition (WARC), and the Community Redevelopment Agency (CRA) considered Versions 1, 2, and 3 where recommendations to support "Version 2" were made by each. LDR Amendments re: Removal of Historic Designation: Ordinance 09-08 HPB Meeting of August 6, 2008 v Page 2 of 8 • Planning and Zoning Board considered Versions 1, 2, and 3 at their April 21, 2008 meeting, where a recommendation to approve "Version 2"was made with the following revisions: 1. Change "Removal" to "Redefining Boundaries for Historic Districts" in order to provide a criteria and a method for removing and/or adding properties from/to a historic district; 2. Require the City to conduct a survey of the historic districts every five years; 3. Require owners who initiate the process to use a City initiated survey within 12 months of its completion; 4. Permit the City Commission and HPB to initiate the process within five years of a completed survey; 5. Require signatures of at least 75% of property owners located in the affected area. Following the Planning and Zoning Board recommendation, those suggested revisions were incorporated to create "Version 4". However, Staff further refined "Version 4" to include additional language to provide for the reclassification of properties with respect to contributing or non- contributing. Each version is described and analyzed below, while a detailed outline is provided in Appendix A. Version 4 and Version 5 of Ordinance (09-08) are now before the Board for recommendation to the Planning and Zoning Board. LDR TEXT AMENDMENT DESCRIPTION AND ANALYSIS The two versions to be considered provide for the same solution to the issue of removing the historic designation from specific properties within a designated historic district. However, the terms used to name the process within each version differs. For example, "Version 4" refers to the process as "Redefining Boundaries of Historic Districts", while "Version 5" refers to "Criteria for Removal from or Expansion of a Historic District". "Version 5" includes an additional process termed "Criteria for Change of Historic Classification"which is further explained and analyzed below. As previously noted, "Version 4" and "Version 5" provide for the same outcome: a property or properties either removed from or added into an historic district. "Version 4" terms this process as a redefinition of the boundaries. While the boundaries of a historic district would be redefined regardless of whether or not there was an addition into or removal from the historic district, the actual action being take is the removal from and/or addition of properties into the historic district, as termed in "Version 5". Within each version, the requirements are the same in that any change requires a recommendation as a result of a city-initiated survey. It should be noted and further emphasized that 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 was later 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 reference is contained within each proposed Ordinance. Both versions also permit the HPB and City Commission to apply for the removal from or addition into the historic district within five years of the City-initiated survey. However, any property owner(s) may apply for this process within twelve months of the City-initiated survey. The application by the property owner would also require the submittal of addresses and photographs of those properties to be removed in addition to the signatures of seventy-five percent (75%) of the property owners within the area to be removed from or added into the historic district. The previous versions specified the qualifications of the consultant to perform the survey such as experience and expertise in South Florida architectural and developmental history. However, these LDR Amendments re: Removal of Historic Designation: Ordinance 09-08 HPB Meeting of August 6, 2008 Page 3 of 8 specifications have been omitted as they are included within the City RFP (Request for Proposals) for all surveys and/or resurveys. Once the Historic Preservation Board has made a recommendation, a majority vote will be required of the City Commission for approval of an application. However, if a property owner within 500' of a property to be removed objects, then a super majority of four (4) votes will be required. These procedures are the same as those followed for the initial designation of any historic districts and/or site, as well as a rezoning. In addition to the above, "Version 5" also provides criteria to change the classification for a property within an historic district. A survey of a contributing property may recommend a reclassification to non- contributing if there have been significant alterations which have compromised its historic integrity. In addition, a survey may recommend the inclusion of an additional "Period of Significance" which would likely reclassify properties from non-contributing to contributing. In both cases, the same public hearing procedures as those discussed above would be followed. While the differences are minor between the two versions under review, Staff would recommend that "Version 5" be supported as the terminology defines the action being taken and its affect on the historic properties, in addition to the provided criteria when reclassifying a property within a historic district. While this process could be permitted by following the same procedures for an initial designation, it is not currently specified and, therefore, the LDRs are"silent"to this process. 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. LDR Amendments re: Removal of Historic Designation; Ordinance 09-08 HPB Meeting of August 6, 2008 Page 4 of 8 STAFF 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 has 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. 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. 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. STAFF 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. LDR Amendments re: Removal of Historic Designation; Ordinance 09-08 HPB Meeting of August 6,2008 Page 5 of 8 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. STAFF 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 can be enhanced through the removal of any portion that has experienced 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 Community Redevelopment Agency (CRA) considered the subject amendments at their July 24, 2008 meeting. Upon discussion of the subject amendments, the board members requested additional time to review the amendments. Therefore, a recommendation to the Planning and Zoning Board will be made at the CRA meeting of August 14, 2008. The Pineapple Grove Main Street committee will consider the subject amendments at their meeting of August 6, 2008. This recommendation may be available at the Board meeting. The Downtown Development Authority (DDA) will consider the subject amendments at their August 11, 2008 meeting, where a recommendation will be forwarded to the Planning and Zoning Board. LDR Amendments re: Removal of Historic Designation: Ordinance 09-08 HPB Meeting of August 6, 2008 Page 6 of 8 The West Atlantic Redevelopment Coalition (WARC) will consider the subject amendments at their August 13, 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 August 18, 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 Wednesday, September 3, 2008, with Second Reading to occur at the City Commission meeting of Tuesday, September 16, 2008. Letters of objection and support, if any, will be presented at the meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval of to the Planning and Zoning Board of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 09-08, Version 5, 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.) RECOMMENDATION Move a recommendation of approval of to the Planning and'Zoning Board of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 09-08, Version 5, 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,Version 4 and 5 Outline • Appendix B—National Park Service Professional Qualification Standards for Historic Preservation • Proposed LDR Amendment Ordinance 09-08—Version 4 • Proposed LDR Amendment Ordinance 09-08—Version 5 LDR Amendments re: Removal of Historic Designation; Ordinance 09-08 HPB Meeting of August 6,2008 Page 7 of 8 APPENDIX A Version 4—"Redefining Boundaries for Historic Districts" Revised Version 2 according to recommendations by Planning and Zoning Board A. Criteria 1. If a survey reveals that a part of a historic district that touches the edge of the boundary of the historic district as it existed at the time of original designation of that district or that was once part of a platted lot that touched the edge but has been subdivided and has had its historic integrity irreversibly compromised due to inappropriate development, then the offending part of the district may be removed and the boundary lines of the historic district reduced to reflect the removal. 2. If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing, then that historic district may redefine its boundaries to include the adjacent contributing structures. B. Removal Initiated By 1. Written Request of Property Owners within 12 months of completed City-initiated survey. 2. Historic Preservation Board dependant upon survey within last 5 years. 3. City Commission dependant upon survey within last 5 years. C. Documentation Required with Property Owner Application 1. Photographs and addresses of those properties to be removed or added 2. Signatures of 75% of property owners to be removed or added. D. Public Hearing 1. HPB provides recommendation to City Commission 2. City Commission requires majority, unless a property owner within 500' objects, then a supermajority is required. LDR Amendments re: Removal of Historic Designation; Ordinance 09-08 HPB Meeting of August 6, 2008 Page 8 of 8 APPENDIX A Continued... Version 5— "Change of Historic Designation and/or Classification" Revised Version 2 incorporating intent of Planning and Zoning Board's recommendations and adding "Change of Historic Classification" A. Criteria 1. Removal from a Historic District: If a survey reveals that a part of a historic district that touches the edge of the boundary of the historic district as it existed at the time of original designation of that district or that was once part of a platted lot that touched the edge but has since been subdivided has had its historic integrity irreversibly compromised due to inappropriate development as determined by the survey consultant, then the offending part of the district may be removed and the boundary lines of the historic district revised to reflect the removal. 2. Change of Historic Classification: If a City-initiated survey conducted within the last five (5) years reveals that a property within a historic district should be reclassified as either contributing or non-contributing, then the classification may be revised. a. The survey recommends the inclusion of an additional "Period of Significance", which would reclassify properties from non-contributing to contributing, or; b. The survey recommends that a property or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic integrity of the structure, which would reclassify the structure from contributing to non- contributing. 3. Expansion of a Historic District: If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing, then that historic district may redefine its boundaries to include the adjacent contributing structures, or a new historic district may be created to incorporate those identified properties. B. Initiated By 1. Removal from or Expansion into: a. Property Owners within 12 months of completed City-initiated survey. b. Historic Preservation Board or City Commission dependant upon survey within last 5 years. 2. Change of Historic Classification: a. Property Owners within 12 months of completed City-initiated survey. b. Historic Preservation Board or City Commission within 5 years of completed City- initiated survey. C. Documentation Required with Property Owner Application 1. Photographs and addresses of those properties to be removed, added, or reclassified. 2. Signatures of 75% of property owners to be removed, added, or reclassified. D. Public Hearing 1. HPB provides recommendation to City Commission. 2. City Commission requires majority, unless a property owner within 500' objects, then a supermajority is required. '1/23/08 4/29/08 VERSION 4 ORDINANCE NO. 09-08 (alt#6) 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 REDEFINING BOUNDARIES OF HISTORIC DISTRICTS", AND A NEW SUBSECTION 4.5.1(0), "PROCEDURES FOR REDEFINING BOUNDARIES OF HISTORIC DISTRICTS", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR INCREASING AND/OR REDUCING HISTORIC DISTRICT BOUNDARIES; 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 Redefining Boundaries of Historic Districts" and 4.5.1(0), "Procedures for Redefining Boundaries of Historic Districts", 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 Redefining Boundaries of Historic Districts: (1) A survey of all historic districts may be conducted by the City every five (5) years. (2) If a survey reveals that a part of a historic district that touches the edge of the boundary of the historic district as it existed at the time of original designation of that district or that was once part of a platted lot that touched the edge but has been subdivided has had its historic integrity irreversibly compromised due to inappropriate development, then the offending part of the district may be removed and the boundary lines of the historic district reduced to reflect the removal in accordance with the procedures in LDR Section 4.5.1(0). (a) If a property owner within the part of the district seeking to reduce the boundaries determines that they want to retain the historic designation for their property, then they may apply to individually designate their property pursuant to LDR Sections 4.5.1(B) and (C). If a property has received a tax exemption pursuant to LDR Section 4.5.1(M) as a contributing structure within a historic district but does not qualify for individual designation, then the part of the district seeking to be removed from the district which includes said property may not be removed until the tax exemption expires pursuant to LDR Sectj 4.5.1(M)(3). III IIII II (3) If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing, then that historic district may redefine its boundaries to include the adjacent contributing structures in accordance with the procedures in LDR Section 4.5.1(0). (0) Procedures for Redefining Boundaries of Historic Districts. (1) Applications for redefining boundaries of an historic district shall be made to the Historic Preservation Board on an application form developed and approved by the Board. (a) An application for redefining boundaries of a historic district may be initiated by written request of: 1. The Historic Preservation Board at any time so long as a City- initiated survey has been consulted that was performed within five (5) years or less; 2. The City Commission at any time so long as a City-initiated survey has been consulted that was performed within five (5) years or less; or 2 ORD. NO. 09-08 3. Any owner(s) of property(ies) within a historic district as long as they initiate the process within a twelve (12) month window from the date of the last City-initiated survey. a. If an owner(s) of designated property(ies) seeks to redefine the boundaries of a historic district, then they shall provide: i. photographs and addresses of all properties that will be either removed from or added to the historic district and; ii. signatures of seventy-five percent (75%) of the property owners that are located in the area that will be removed from or added to the historic district. (2) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each application seeking to redefine the boundaries to determine if it generally conforms with criteria for redefining boundaries provided in Sections 4.5.1(N)(2) and 4.5.1(N)(3). The Planning and Zoning Director or his/her designee shall then prepare a report which shall contain the following: (a) Proposed revised legal boundaries of the historic district; (b) Analysis of the historic significance and character of the property(ies) to be added or subtracted from the historic district. (c) A staff recommendation as to whether or not the boundaries should be reduced to remove properties due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or part of a district or whether or not the boundaries should be expanded due to an increase in contributing structures adjacent to the district. (3) Upon completion and formal review of the report, a public hearing shall be held. Notice of said hearing shall be made to the owner(s) of all properties within the subject historic district and the owner(s) of all properties within five hundred feet (500') of the properties to be added or subtracted 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 application to redefine the boundaries fulfills the proper criteria to add or subtract 3 ORD. NO. 09-08 properties and all procedures have been followed correctly,it shall vote on the recommendation to increase or reduce the boundary lines of the historic district. A majority of the entire Board, present and voting, must act in the affirmative to approve the application seeking to redefine the boundaries. The decision of the Board,whether the application is approved or denied, shall then be transmitted to the City Commission. The City Commission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption procedures, except that if any property owner within the subject historic district or within five hundred feet (500') of the edge of the property seeking to be added or subtracted from the historic district objects to the new boundaries of the historic district, 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 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 4/28/08/1/29/08 5/28/08 VERSION 5 ORDINANCE NO. 09-08 (alt#7) 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 CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", AND A NEW SUBSECTION 4.5.1(0), "PROCEDURES FOR CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION", IN ORDER TO PROVIDE CRITERIA AND A METHOD FOR A CHANGE OF HISTORIC DESIGNATION AND/OR CLASSIFICATION; 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 Redefining Boundaries of Historic Districts" and 4.5.1(0), "Procedures for Redefining Boundaries of Historic Districts", 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 Change of Historic Designation and/or Classification: (1) A survey of all historic districts may be conducted by the City every five (5) years. The survey report may recommend changes to the historic designation and/or classification of properties located within or immediately adjacent to a designated historic district. (a) Criteria for Removal from a Historic District: If a survey reveals that a part of a historic district that touches the edge of the boundary of the historic district as it existed at the time of original designation of that district or that was once part of a platted lot that touched the edge but has since been subdivided has had its historic integrity irreversibly compromised due to inappropriate development as determined by the survey consultant, then the offending part of the district may be removed and the boundary lines of the historic district revised to reflect the removal in accordance with LDR Section 4.5.1(0). 1. If a property owner within the part of the district seeking removal from the historic district desires to retain the historic designation for their property, then they may apply to individually designate their property pursuant to LDR Sections 4.5.1(B) and (C). If a property has received a tax exemption pursuant to LDR Section 4.5.1(M) as a contributing structure within a historic district but does not qualify for individual designation, then the part of the district seeking to be remoH from the district which includes said property may not removed until the tax exemption expires pursuant to LDR Section 4.5.1(M)(3). (b) Criteria for Change of Historic Classification: If a City-initiated survey conducted within the last five (5) years reveals that a property within a historic district should be reclassified as either contributing or non-contributing, then the classification may be revised in accordance with LDR Section 4.5.1(0) and shall be determined as follows: 1. The survey recommends the inclusion of an additional "Period of Significance", which would reclassify properties from non- contributing to contributing, or; 2. The survey recommends that a property or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic integrity of the structure, which would reclassify the structure from contributing to non- contributing. (c) Criteria for Expansion of a Historic District: If a survey reveals that a historic district should expand its boundary lines due to the increase in structures deemed to be contributing, then that historic district rr— redefine its boundaries to include the adjacent contributing structures III accordance with LDR Section 4.5.1(0), or a new historic district may be 2 ORD. NO. 09-08 created to incorporate those identified properties in accordance with LDR Section 4.5.1(C). (0) Procedures for Change of Historic Designation and/or Classification. (1) Procedures for Removal from or Expansion of a Historic District: Applications shall be made to the Historic Preservation Board and may be initiated by written request of: (a) The Historic Preservation Board based upon the recommendations of a survey completed within five (5)years prior to the application; (b) The City Commission based upon the recommendations of a survey completed within five (5) years prior to the application; or (c) Any owner(s) of a property to be removed or added based upon the recommendation of a City-initiated survey completed within twelve (12) months or less prior to application. Applications submitted by property owners shall include: 1. photographs and addresses of all properties that will be either removed from or added to the historic district and; 2. signatures of at least seventy-five percent (75%) of the property owners that are located in the area that will be removed from or added to the historic district. (2) Procedures for Change of Historic Classification: Applications to change the historic classification of a property or properties within a historic district shall be made to the Historic Preservation Board and may be initiated by written request of: (a) The Historic Preservation Board based upon the recommendations of a City-initiated survey completed within five (5) years prior to the application; or (b) The City Commission based upon the recommendations of a City- initiated survey completed within five (5) years prior to the application; or (c) Any owner(s) of a property to be reclassified based upon the recommendation of a City-initiated survey completed within twelve (12) months prior to the application. Applications submitted by property owners shall include: 3 ORD. NO. 09-08 1. photographs and addresses of all properties that will be reclassified as contributing or noncontributing; and 2. signatures of at least seventy-five percent (75%) of the owners whose properties are to be reclassified. (3) The Planning and Zoning Director or his/her designee shall conduct a preliminary evaluation of the information provided on each application to determine if it generally conforms with criteria in LDR Section 4.5.1(N)(1). The Planning and Zoning Director or his/her designee shall then prepare a report which shall contain the following: (a) Change of Historic Designation: 1. Proposed revised legal boundaries of the historic district; 2. Analysis of the historic significance and character of the property(ies) to be removed from or added to the historic district; and 3. A staff recommendation as to whether or not the properties should removed due to irreversible loss of historic integrity as a result of inappropriate development within a historic district or part of a district or whether or not the additional properties should be added to the historic district due to an increase in contributing structures adjacent to the district. (b) Change of Historic Classification: 1. Analysis of the properties to be reclassified;and 2. A staff recommendation as to whether or not the properties should be reclassified due to either: a. loss of historic integrity as a result of irreversible alterations to a contributing property; or b. inclusion of an additional "Period of Significance" per the survey recommendations. (4) Upon completion and formal review of the report, a public hearing shall be held. Notice of said hearing shall be made to the owner(s) of all properties within the subject historic district and the owner(s) of all properties within five hundred feet (500') of the affected properties at least ten (10) days prior torir hearing by regular mail. Additional notice shall be given in the same mannet`i` provided for a rezoning action [see Section 2.4.2(B)(1)(b)] and by notice 4 ORD. NO. 09-08 • 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. (5) After conducting the public hearing, if the Historic Preservation Board finds that the application fulfills the proper criteria and all procedures have been followed correctly, it shall vote on the recommendation. A majority of the entire Board, present and voting, must act in the affirmative to approve the application. The decision of the Board, whether the application is approved or denied, shall then be transmitted to the City Commission.The City Commission shall consider the recommendation of the Historic Preservation Board through its standard ordinance adoption procedures, except that if any property owner within the subject historic district or within five hundred feet (500') of the edge of the property seeking a change of historic designation and/or classification objects, the City Commission approval shall require a super majority vote of four (4)votes. Section 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 5 ORD. NO. 09-08 fi HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT MEETING OF: AUGUST 6, 2008 ITEM: CITY INITIATED AMENDMENTS PERTAINING TO THE LAND DEVELOPMENT REGULATIONS (LDR) SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTION (D), "DUTIES, POWERS, AND RESPONSIBILITIES", TO PROVIDE CONSISTENCY WITH THE REQUIREMENTS LISTED IN OTHER SECTIONS IN THE LDRS, AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS" SUBSECTION (D), "REVIEW AND APPROVAL PROCEDURES", (E), "DEVELOPMENT STANDARDS", (F), "RESTRICTIONS ON DEMOLITIONS", (H), "UNDUE ECONOMIC HARDSHIP" AND (I), "HISTORIC PRESERVATION BOARD TO ACT ON SITE PLANS, LANDSCAPE PLANS, AND ARCHITECTURAL ELEVATIONS", TO REQUIRE THAT RELOCATION OF A STRUCTURE NOT OCCUR UNTIL THE BUILDING PERMIT FOR THE REDEVELOPMENT PLANS HAS BEEN ISSUED. 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 Sections 2.2.6(D), 4.5.1(E), 4.5.1(F), 4.5.1(H), and 4.5.1(I) as detailed in the above caption. The primary purpose of these amendments is to require that the relocation of a structure not occur until the redevelopment plans have been issued. However, there are additional amendments which clarify the aforementioned Sections as explained below. Pursuant to LDR Section 2.2.6(D)(5), the Historic Preservation Board makes recommendations to the Planning and Zoning Board concerning amendments to the Land Development Regulations, as they apply to historic structures and districts. DESCRIPTION The proposed amendments are outlined and explained as follows: LDR Section 2.2.6(D)(4), The Historic Preservation Board, Duties, Powers, and Responsibilities • Removes language referring to lot coverage and square footage which is not applicable, and was not deleted in the adoption of Ordinance 38-07; • Deletes "historic sites" and replaces with "all properties which are Individually Designated and/or located within historic districts"; • Removes reference of the Site Plan Review and Appearance Board regarding review of the guidelines applicable to the properties reviewed by the HPB. LDR Section 4.5.1(D), Review and Approval Procedures • Removes the reference of the COA acronym; • Corrects a reference to LDR Section 2.4.6(J), Drainage Plans. LDR Section 4.5.1(E)(6), Development Standards: Relocation • Requires that the relocation of a historic structure not take place until the permit for the redevelopment plans is issued; { LDR Amendments re: Relocations: Ordinance 30-08 I-IPB Meeting of August 6, 2008 Page 2 of 5 • Provides for the maintenance of the structure while awaiting issuance of the aforementioned permit. LDR Section 4.5.1(E)(8), Development Standards: Visual Compatibility Standards • Removes language referring to lot coverage and square footage which is not applicable, and was not deleted in the adoption of Ordinance 38-07. LDR Section 4.5.1(F)(2), Restrictions on Demolition • Removes "have authority to" since this was deemed unnecessary wording within sentence. LDR Section 4.5.1(F)(4), Restrictions on Demolition • Removes language referencing delay of demolitions approved by the Board, which is provided for in the requirement to hold the demolition until the building permit is issued for the redevelopment plans. LDR Section 4.5.1(F)(5), Restrictions on Demolition • Clarifies existing language in accordance with amendments made in Ordinance 09-08 regarding the demolition of structures. LDR Section 4.5.1(H), Undue Economic Hardship • Clarifies existing language with minor edits to provide that in all instances claiming economic hardship, the property shall submit specified documentation. LDR Section 4.5.1(I), Historic Preservation Board to Act on Site Plan, Landscape Plans, and Architectural Elevations • Clarifies existing language regarding the ability of the HPB to act on applications other than Certificates of Appropriateness. The attached ordinance (30-08) is now before the Board for recommendation to the Planning and Zoning Board. LDR TEXT AMENDMENT ANALYSIS The primary purpose of the subject amendments is to provide criteria for instances when any structure within a historic district is approved for relocation that the relocation, not occur until the building permit is issued for redevelopment of the originating site. The requirements are similar to those for buildings approved for demolition. While this has not been an issue, there are no regulations providing this type of protection for the original property and its streetscape, as the creation of an empty lot affects the historic streetscape. Further, an applicant could relocate a structure, not redevelop the lot, all the while the integrity of the structure, with respect to its historic context, may have been compromised due to the relocation, regardless of its new setting. The amendments also require that the building be maintained in a manner similar to that which existed at the time of application. This will provide for further protection from demolition by neglect. The other amendments intend to either "clean up" the existing language as it may be incorrect, or clarify the existing language. 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. LDR Amendments re: Relocations; Ordinance 30-08 HPB Meeting of August 6, 2008 Page 3 of 5 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 Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met through continued adherence to the City's Historic Preservation Ordinance and the following policies: Future Land Use Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations 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. STAFF ANALYSIS The Future Land Use Element of the City's Comprehensive Plan calls for the enhancement of the existing quality of life and mandates that redevelopment shall provide for the preservation of historic resources. These requirements are evident in the proposed amendments to protect the city's designated historic areas from the relocation of historic properties without providing for the redevelopment plans to be issued a building permit. 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. 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. LDR Amendments re: Relocations: Ordinance 30-08 HPB Meeting of August 6, 2008 Page 4 of 5 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. STAFF 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 prevention of the relocation of viable historic structures without a commitment to redevelop the property. The historic structures are the identifying characteristics of the five (5) designated areas. It is evident that the protection of such areas has assisted in their revitalization which is continuous and ongoing. 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. STAFF 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. Overall, the protection of the historical resources located in the aforementioned historic districts will continue to be enforced by providing that relocations of historic structures will require redevelopment to be issued prior to their removal. Upon consideration of the above, 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. LDR Amendments re: Relocations; Ordinance 30-08 HPB Meeting of August 6,2008 Page 5 of 5 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. Therefore, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive Plan. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the Planning and Zoning Board of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 30-08 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 30-08 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.) RECOMMENDATION Move a recommendation of approval to the Planning and Zoning Board of the amendments to the Land Development Regulations (LDRs) associated with Ordinance 30-08 by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: • Proposed LDR Amendment Ordinance 30-08. ORDINANCE NO. -08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTION (D), "DUTIES, POWERS, AND RESPONSIBILITIES", TO PROVIDE CONSISTENCY WITH THE REQUIREMENTS LISTED IN OTHER SECTIONS IN THE LDRS, AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SI1'bS AND DISTRICTS" SUBSECTION (D), "REVIEW AND APPROVAL PROCEDURES", (E), "DEVELOPMENT STANDARDS", (F), "RESTRICTIONS ON DEMOLITIONS", (H), "UNDUE ECONOMIC HARDSHIP" AND (I), "HISTORIC PRESERVATION BOARD TO ACT ON SIFE PLANS, LANDSCAPE PLANS, AND ARCHITECTURAL ELEVATIONS", TO REQUIRE THAT RELOCATION OF A STRUCTURE NOT OCCUR UNTIL THE BUILDING PERMIT FOR THE REDEVELOPMENT PLANS HAVE BEEN ISSUED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,AND AN EFFECTIVE DA 1'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 the recitations set forth above are incorporated herein. Section 2. That Section 2.2.6, "The Historic Preservation Board" Subsection (D), "Duties,Powers, and Responsibilities" of the Land Development Regulations of the City of Delray Beach, Florida, be and 1— same is hereby amended to read as follows: Section 2.2.6 The Historic Preservation Board (D) Duties, Powers, and Responsibilities (1) Develop, maintain, and update a survey of archaeological sites, properties, buildings, structures, and districts of special historic, aesthetic, architectural, cultural, or social value or interest. The Board will endeavor to improve, expand, and make more accurate the survey as additional documents, information, oral histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board will work with the City Historical Society, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining this survey. (2) Nominate properties for designation, and regulate such properties, structures, buildings, sites, districts,and the like so designated as historic sites and/or historic districts. (3) Participate in the National Register program to the greatest possible extent, as defined by the 1981 and subsequent amendments to the Historic Preservation Act of 1966 and regulations and rules drafted pursuant hereto by the National Park Service and the State Bureau of Historic Preservation (4) Act as a regulatory body to approve, deny, or modify Certificates of Appropriateness as specified in Section 2.4.6(H). In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in Section 4.5.1(E)(8) with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction,lot coverage, and square footage, and other criteria set forth in Section 4.5.1. (5) Make recommendations concerning land development code amendments to the Planning and Zoning Board, and concerning building code amendments to the Chief Building Official, as they apply to Historic structures and districts. (6) Act in lieu of Board of Adjustment. The Historic Preservation Board shall act in lieu of the Board of Adjustment and is empowered to grant variances from existing ordinances for properties designated as historic sites, within designated historic districts or listed on the Local Register of Historic Places. In addition, the Board is empowered to grant variances from the sign code for those nonconforming signs which existed at the time of enactment of the sign code and relief to Section 4.6.16 through the waiver process [Section 2.4.7(B)]. (7) Develop, establish, and regulate guidelines concerning contemporaneous architectural styles, colors, building materials, and so forth for es all properties which are Individually Designated and/or located within historic districts. Such guidelines will be subject to review by the Site Plan Review and Appearance Board and the Planning and Zoning Board, and will be subject to approval by the Commission. The Board's consideration and approval of Certificates of Appropriateness under these guidelines shall be in lieu of consideration and approval by the Site Plan Review Board. 2 ORD. NO. -08 (8) Make recommendations to the Commission about facade easements, the imposition of other restrictions, and the negotiation of contracts for the purposes of historic preservation. (9) Increase public awareness of the value of historic preservation by developing, conducting, and participating in public education programs. (10) Make recommendations to the Commission concerning the use of grants from federal and state agencies, and the use of City funds to promote the preservation and conservation of historically and aesthetically significant archaeological sites,historic sites, and historic districts. (11) Evaluate, comment upon, and make recommendations to the Commission concerning the deliberations and decisions of other public agencies affecting the physical development and appearance of historically and aesthetically significant archaeological sites, historic sites, and historic districts. (12) Contact public and private organizations, businesses, and individuals and endeavor to arrange agreements to help insure the conservation and preservation of historically and aesthetically significant sites, buildings, structures, and districts for which demolition or destruction— proposed. (13) In the name of the City, and only with the express approval of the Commission, seek, apply for, solicit, receive, and expend any federal, state, or private grant, gift, or bequest of any funding, property, or interest in property to further the purposes of historic and heritage conservation and preservation. (14) Make recommendations to the Commission, and by referral to the Planning and Zoning Board, to make historic preservation concepts an integral and ongoing part of all City planning and zoning codes, the City land use plan,and any comprehensive use planning required by this state. (15) Create and approve standardized historic markers and plaques and issue recognition to designated historic sites and historic districts within the City. (16) Advise the Commission on all matters related to the use, administration, and maintenance of city-owned designated historic sites and historic districts. (17) Execute any other functions which may be approved by ordinance or resolution of the Commission. (18) Demonstrate a spirit of cooperation with and provide administrative assistance to property owners in the conservation and preservation of historic sites and properties within historic districts. 3 ORD. NO. -08 (19) Develop and maintain a Historic Preservation Manual for the City to help property owners fulfill the regulations and requirements of this section and the regulations for historic preservation developed by the Historic Preservation Board and approval by the Commission. Section 2. That Section 4.5.1, "Historic Preservation Sites and Districts", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 4.5.1 Historic Preservation Sites and Districts: (D) Review and Approval Procedures: Once property is placed within a Historic District or designated as a Historic Site no development order shall be issued without first obtaining a Certificate of Appropriateness (C.O.A.) pursuant to Section 2.4.6(}(H) from the Historic Preservation Board. Obtaining a Certificate of Appropriateness E.O.A. is required in addition to any other process which is required for the development application. (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. (1) Exterior Architectural Features. For the purpose of this Section, exterior architectural features shall include,but not be limited to the following: (a) The architectural style, scale, general design, and general arrangement of the structure's exterior; (b) The type and texture of building material;and (c) The type and style of all roofs,windows, doors,and signs. (2) Major and Minor development: For purposes of this section, major and minor development standards shall be applied as noted in the following table: 4 ORD. NO. -O8 1. All new construction in all historic districts on property zoned CBD and CF as well as all properties in the OSSHAD zoned district subject to the CBD design guidelines; or, 2. All modifications to existing contributing and noncontributing structures in all historic districts on property zoned CBD and CF as well as all properties in the OSSHAD zoning district subject to the CBD Design Guidelines;or, 3. The construction, reconstruction, or alteration of any part of the front façade of an existing noncontributing residential or non- residential structures and all appurtenances; or, 4. The construction, reconstruction, or alteration of less than twenty-five percent (25%) of the existing floor area of the building and all appurtenances. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008. 5. Any changes to Individually Historically Designated properties whether already on site or newly designated, to help facilitate the move of a historic structure into a historic district. (3) Buildings, Structures, Appurtenances and Parking. Buildings, structures, appurtenances and parking shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner that will preserve the historical and architectural character of the building, structure, site, or district: (a) Appurtenances: Appurtenances include, but are not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures. 1. Fences and Walls: a. Chain-link fences shall be clad in a green or black vinyl and shall only be used in rear yards, or where they are not visible from the street. b. Swimming pool fences shall be designed in a manner that integrates the layout with the lot and structures without exhibiting a utilitarian or stand-alone appearance. 6 ORD. NO. -08 Zoning Modification of Contributing Modification of Non-Contributing District Use Structures _ _ Structures Under25% Over25% Under25% Over25% CBD&CF Multi-Family Minor Minor Minor Minor Minor Non-Residential Minor Minor Minor Minor Minor R-1-A,R-1-AA, Single Family/Duplex Major Minor Major Minor Major RO,OSSHAD, Multi-Family Major Minor Major Minor Major RL,&RM, Non-Residential Major Minor Major Minor Major Notes: 1. All development on individually designated properties in all zoning districts is Minor 2. All development on properties in the OSSHAD district which are subject to CBD regulations pursuant to Section 4.4.24(B)(12)is Minor. (a) For the purposes of this section, "residential" includes single family, duplexes and multifamily in all historic districts and all development, regardless of use,in the Residential Office (RO) zoning district. (b) Major development shall be considered: 1. New construction in all historic districts except CBD and CF zoned properties and properties zoned OSSHAD subject to CBD design guidelines;or, 2. The construction, reconstruction, or alteration of in excess of twenty-five percent (25%) of the existing floor area of the building, and all appurtenances, except for properties zoned CBD or CF and properties zoned OSSHAD subject to CBD design guidelines. For purposes of this section,all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008; or, 3. The construction, reconstruction, or alteration of any part of the front facade of an existing contributing residential or non- residential structure and all appurtenances, except for properties zoned CBD or CF and properties zoned OSSHAD subject to CBD design guidelines. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008. (c) Minor development shall be considered: 5 ORD. NO. -08 c. Fences and walls over four feet (4') shall not be allowed in front or side street setbacks. d. All other provisions in Section 4.6.5 shall apply. 2. Garages and Carports: a. The following compatibility standards shall apply for major development,where applicable: i. Garages and carports are encouraged to be oriented and entered from the side or rear and out of view from the public right of way. However, if this is not possible, the orientation of garages and carports shall be consistent with the majority of such structures within the district. ii. Garage doors should be designed to be compatible with the architectural style of IIII principal structure and include individ— openings for vehicles rather than two car expanses of doors. Metal two car garage doors are discouraged. (b) Parking: 1. Where feasible, alternative methods of meeting minimum parking standards contained in Sections 4.6.9(C)(8) and/or 4.6.9(E), as applicable, shall be explored to avoid excessive use of historic properties and/or properties located in historic districts for parking. Parking lots shall strive to contribute to the historic nature of the properties/districts in which they are located by use of creative design and landscape elements to buffer parking areas from historic structures. At a minimum, the following options shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the public right- of-way with fencing, landscaping, or a combination of the two pursuant to Section 4.6.5. 7 ORD. NO. -08 c. Utili?e existing alleys to provide vehicular access to sites.] d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically. e. Use appropriate materials for driveways, such as concrete poured in ribbons. f. Avoid wide driveways and circular drives. 2. Waivers may be granted by the Historic Preservation Board for relief from the number of parking spaces required in Section 4.6.9 upon presentation of confirmation that adequate parking for a proposed use may be achieved by alternate means which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation Design Guidelines. (4) Alterations. In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered,among other factors. (5) Standards and Guidelines. A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation,and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. -(6) Relocation. Relocation of historic buildings and structures to other sites shall consistent with the purposes of thin Section or would cause undue economic hardship to the property owner. (a) Relocation of historic buildings and structures, whether contributing, non-contributing, or individually designated, to other sites shall not take place unless it is shown that their preservation on the existing or original sites is not consistent with the following: 1. the purposes of this Section; 2. would cause undue economic hardship to the property owner in accordance with the definition of undue economic hardship found in Section 4.5.1 (H); or, 8 ORD. NO. -08 3. a building permit has been issued for the Historic Preservation Board approved redevelopment. (b) All structures approved for relocation and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at time of application. (7) Demolition. Demolition of historic or archaeological sites, or buildings, structures, improvements and appurtenances within historic districts shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition of any structure, whether contributing or non-contributing, shall not occur until a building permit has been issued for the HPB approved redevelopment. All structures approved for demolition and awaiting issuance of a building permit for the redevelopment shall be maintained in a manner similar to that in which it existed at time of application unless the Chief Building Official determines that an unsafe building condition exists in accordance with Section 4.5.1(G). (8) Visual Compatibility Standards. New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visu compatible. In addition to the Zoning District Regulations, the Historic Preservation Bo shall apply the visual compatibility standards provided for in this Section with regard to heig t, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, let coverage, and square footage, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)-(m) below. Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site. (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with respect to the height of residential structures, as defined by 4.5.1(E)(2)(a), shall also be determined through application of the following: 1. Building Height Plane (BHP): The building height plane technique sets back the overall height of a building from the front property line. a. The building height plane line is extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street alo. 9 ORD. NO. -08 the lot frontage. The inclined angle shall be established at a two to one (2:1) ratio. See illustration below. ":O BUILD/MAX 35' HT, ZONE wl GrG I -- oI 22.52 HISTORIC 2 STORY HT. zI REAR t5 /SETBACK 4 0 1. ' ! -. �25.0' I 30.0'--{ 35.0' I 150.0' 1 BUILDING HEIGHT PLANE AT 2:1 RATIO b. A structure relocated to a historic district or to an individually designated historic site shall be exempt from this requirement. 2. First Floor Maximum Height: a. Single-story or first floor limits shall be established by: i. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). ii. Mean Roof Height shall not exceed eighteen feet (18'). iii. Any portion exceeding the dimensions described in i. and ii above shall be considered multi-story structures. iv. See illustration below: 10 ORD.NO. -08 12 ROOF PITCH MAY VARY b , r' '- MEAN ROOF HT. q � x"'TOP OF BEAM 2 Q io 2 'v F.F.E. v. Sections i. and ii., above may be waived by the Historic Preservation Board when appropriate, based on the architectural style of the building. 3. Upper Story Height: a. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet(12'). (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. (c) Proportion of Openings (Windows and Doors): The openings 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. 11 ORD. NO. -08 (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. (i) Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. (j) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. To determine whether the scale of a building is appropriate, the following shall apply for major development only: 1. For buildings wider than sixty percent (60%) of the lot width, a portion of the front facade must be setback a minimum of seven (7) additional feet from the front setback line: a. Lots sixty-five (65) feet or less in width are exempt from this requirement. b. To calculate how much of the building width must comply with this provision, multiply the lot width by 40% and subtract the required minimum side setbacks (example: 100' lot width x 40% = 40' - 15' side yard setbacks = 25').] c. Any part or parts of the front facade may be used to meet this requirement. d. See illustration below: 12 • ORD. NO. -08 75'LOT 75'LOT 7.5' 7.5 80'BUILDING 60'BUILDING 45' _I_ 15' _ 22.5 J 15'J 225' J n in N J e. If the entire building is set back an additional seven (7) feet,no offset is required. 2. For buildings deeper than fifty percent (50%) of the lot depti— portion of each side façade,which is greater than one story hiL must be setback a minimum of five (5) additional feet from the side setback line: a. To calculate how much of the building depth must comply with this provision, multiply the lot depth by fifty percent (50%) and subtract the required minimum front and rear setbacks (example: 120' lot depth x 50% = 60'-25' front yard setback- 10'rear setback = 25'). b. Any part or parts of the side façades may be used to meet this requirement. c. See illustration below: 13 ORD. NO. -08 75'LOT 1 P., I 75 LOT _ b 1.3 in to' it, n8 _ 1 a 1 1 7.5'5 50' 67.5' `V _7..5'5' S0' 5'7.5 gt d. If the entire building is set back an additional five (5) feet from the side,no offsets are required on that side. 3. Porches may be placed in the offset portion of the front or side facades, provided they are completely open except for supporting columns and/or railings. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character,whether vertical or horizontal. (1) Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. (m) Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished as follows: 1. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. 14 ORD. NO. -08 3. Characteristic features of the original building shall not be destroyed or obscured. 4. Additions shall be designed and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed. 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building nor replicate the original design, but shall be coherent in design with the existing building. 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building. (9) Visual Compatibility Incentives. In order to provide design flexibility for residential structures, as defined by LDR Section 4.5.1(E)(2)(a), that otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1(E)(8), incentives for development s lllll include the following: III (a) Open Air Spaces: The ratio of the Building Height Plane (BHP) can increase from two to one (2:1) to two to one and a half(2:1.5) for open air spaces limited to: first or second floor front porches (separation must be provided between floors), first or second floor side porches (separation must be provided between floors), balconies, and overlooks with open railings (see illustration below); and 15 ORD. NO. -08 ?y I 111ll111 1u.11111 ''°h; :us �f11111111111t ! _l:1.1. _,, '4'°4,). � � d ( l•0 It 13.I 1 V.IL:p` N21.`.4 4 .-.._ l• l ile..l l�kl fR.y.'i�13E•+°�'W� �^'-{�Iri C�wLli ems -. 1 BUILDING HEIGHT PLANE NORTH (SIDE) ELEVATION (b) Front Elevation: Up to twenty five percent (25%) of the front elevation(s) can extend above the Building Height Plane (BHP) to a maximum height of thirty five feet (35'), provided twenty five percent (25%) or more of the front elevation(s) remains one (1) story as defined by LDR Section 4.5.1 (E)(8)(a)(2). The total width of extension shall not exceed eighteen feet (18') along the front elevation(s). See illustration below. a. y - 35' MAX. a.., 14 t I i I ,I r v.,.a w •H4t .,- - I(iJ II El a ►ppew .antt r�• it Ela LLf, - k�2I[I.�1ksitj eliitT!taint* a1KP W�n ��` �I«� elf 1 SIDE VIEW IF CAN BE ABOVE BUILDING HEIGHT PLANE WITHIN BUILDING HEIGHT PLANE 35' MAX.— " (-I=ALLOWED ABOVE BHP, NOT TO EXCEED 35' MAX 'e`- " •- 7„;;;.,,,,,..L.„ 2S%OR MORE OF 7� rT • FRONTFAGADE(S) = MUST BE UNDER BHP il!:t�lj�' i ��jj RFMAINO 4 ETORY 2 iii I -y (� (. s t �_ 25%OR MORE OF FRONT Ala*, `_a $'' FACADE(S) MUST REMAIN mai-t,c •, di ' 1 STORY riitt fflt. r I FRONT VIEW 16 ORD. NO. -08 (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. (d) Whether retaining the structure would promote the general welfare 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. (2) No decision of the Board shall result in undue economic hardship for the property owner. The Board shall have authority to determine the existence of such hardship in accordance with the definition of undue economic hardship found in Subsection (H). (3) The Board's refusal to grant a Certificate of Appropriateness requested by a property owner for the purpose of demolition will be supported by a written statement describing the public interest that the Board seeks to preserve. (4) The Board may grant a Certificate of Appropriateness as requested by a property owner, for demolition which may provide for a delayed effective date. The effective date of the certificate will be determined by the Board based on the relative significance of the structure and the probable time required to arrange a possible alternative to demolition. The Board may delay the demolition of designated historic sites and eentributing buildings within historic districts for up to six months while demolition of non contributing buikding3 within the historic district may be delayed for up to three months. 17 ORD. NO. -08 (5) During the demolition delay period, As a condition of the Certificate of Appropriateness approval for demolition, the Board may require that the applicant take such steps as it deems necessary to preserve the structure concerned requested for demolition,- Such steps may includeing, but arc not limited to, consultation with community groups, public agencies, and interested citizens, , . , and exploration of the possibility of moving one or more structures or other features. The Board may also make recommendations for acquisition of property by public or private bodies,or agencies. (G) Unsafe Buildings: In the event the Chief Building Official determines that any structure within a designated historic site or designated historic district is unsafe pursuant to the applicable Code of Ordinances, the Chief Building Official will immediately notify the Board of his findings. Where appropriate and in accordance with applicable ordinances, the Chief Building Official will attempt to have the structure repaired rather than demolished, and will take into consideration any comments and recommendations by the Board. However, the provisions contained within division (A) of this section shall not apply to the Chief Building Official's declaration that a building is unsafe, nor will the Chief Building Official be precluded from taking whatever steps, as may be required by applicable ordinances to protect the public health and safety of the community. The Board may also endeavor to negotiate with the owner and interested parties, provided such actions do no interfere with procedures in the applicable ordinances. (H) Undue Economic Hardship: In any all instances where there is a claim of undue economic hardship, the property owner may shall submit,within a reasonable period of time, prior to a meeting with the Board,the following documentation: (1) For All Property: (a) The amount paid for the property, the date of purchase, and the party from whom purchased; (b) The assessed value of the land and improvements thereon, according to the two most recent assessments; (c) Real estate taxes for the previous two years; (d) Annual debt service or mortgage payments,if any, for the previous two years; (e) All appraisals, if any, obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property; (f) Any listing of the property for sale or rent, price asked, and offers received,if any; and 18 ORD. NO.—08 (g) Any consideration by the owner as to profitable adaptive uses for the property, including but not limited to possible fair market rents for the property if it were rented or leased in its current condition. (2) For Income Property (Actual or Potential): (a) The annual gross income from the property for the previous two years, if any; (b) The annual cash flow,if any, for the previous two years; and (c) The status of leases,rentals, or sales for the previous two years. (3) An applicant may submit and the Board may require that an applicant furnish additional information relevant to the Board's determination of any alleged undue economic hardship. The Board may also require, in appropriate circumstances, that information be furnished under oath. (I) Historic Preservation Board to Act on Applications Other than Certificates. Appropriateness Si ns, Landscape Plans, na Architectural Elevations: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all development applications for properties located within a Historic District or on a Historic Site for Individually Designated Sites as listed on the Local Register of Historic Places, subject to processing under Sections 2.4.5(F),(G),(H), and (1) which otherwise would be acted upon by the Site Plan Review and Appearance Board or the Planning and Zoning Board. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. 19 ORD. NO. -08 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. A 1"1'EST MAYOR City Clerk First Reading Second Reading 20 ORD. NO. -08 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Property Owner: Walter Waksmacki Project Location: 338 NE 15t Avenue, Old School Square Historic District HPB Meeting Date: August 6, 2008 File No.: 2006-170-SPF ITEM BEFORE THE BOARD The item before the Board is consideration of a twenty-four month time extension for a Certificate of Appropriateness, Class V site plan, and associated waivers for the property located at 338 NE 1st Avenue, Old School Square Historic District pursuant to LDR Section 2.4.6(H). BACKGROUND The subject property consists of Lot 19, Block 65, Town of Delray and contains approximately 0.15 acres, all of which is vacant land. The property is zoned OSSHAD (Old School Square Historic Arts District), and is located in the Old School Square Historic District. The subject application was reviewed and approved with conditions at the HPB meeting of August 23, 2006 meeting. The development proposal consisted of the construction of a 4,646 total square foot, three story, mixed-use structure in addition to two waivers: one waiver for the location of parking within the front yard and required front setback, and one waiver for the reduction of the required landscape strip from five feet (5') to two feet nine inches (2'9") and three feet, three inches (3'3"). These waivers were approved by the City Commission at its September 19, 2006 meeting. The aforementioned conditions of approval consisted of the following: Site Plan 1. That the details of any proposed signage are to be submitted; 2. That spun concrete lighting is provided on NE 1st Avenue and the details are noted on the plans if required by the Pineapple Grove Main Street Association and/or the Planning and Zoning Department; 3. That, where feasible, all overhead utility lines (including the alley) are placed under ground; 4. That the City Commission accept a 2' (two foot) dedication from the alley and a 5' (five foot) dedication from NE 1st Avenue from the subject property prior to site plan certification; 5. That all Site Plan Technical Items are addressed and three (3) copies of the revised plans are submitted (See Attached); 6. That a bicycle rack is provided, and; 7. That notification is received from the Palm Beach County Traffic Division that the proposed development meets traffic concurrency. Landscape Plan 1. Subject to the City Commission approval of the waiver request to reduce the required five foot (5') wide landscape barrier provided between the off-street parking area or other vehicular use area and abutting properties. Design Elements 1. That the third-floor porch on the rear elevation is revised to contain a post at the southern corner similar to that of the front elevation. 338 NE 1 Avenue, Site Plan Extension Request:2006-170 HPB Meeting August 6,2008 Page 2 of 11 The noted conditions of approval were met and the plans were certified by the Planning and Zoning Director on December 12, 2006. EXTENSION REQUEST & ANALYSIS Pursuant to LDR Section 2.4.4(F)(1-3), extensions may be granted to the previously approved application, pursuant to the following: (1) General: (a) A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; (b) The letter must set forth the basis and reason for the extension; (c) The extension shall be considered by the same body which granted the original approval; (d) The extension, if granted, shall be for eighteen months unless otherwise stated; STAFF COMMENT A written request was submitted on June 25, 2008, which was more than forty-five (45) days prior to the site plan expiration date. The extension request letter (see attached) states that the project has been delayed due to the following: "...market conditions have adversely affected the appraisal value of my project and forced me to postpone construction." As no construction has occurred, this extension request is to be considered pursuant to LDR Section 2.4.4(F)(3) "No Construction" as follows: (3) No Construction: When the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submitted material may be required; (c) The granting body must make findings pursuant to 2.4.4(B); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. STAFF COMMENT The criteria noted above are considered as follows: (a) At the time of review, the Board felt that the proposal complied with the LDRs and made positive findings upon approving the site plan with conditions. However, LDR Section 4.5.1, Historic Preservation Districts and Sites, has undergone significant revisions. As illustrated in the analysis provided in "Appendix A", and upon approval of the waiver requests to those sections with which the proposal does not comply, positive findings can be made. (b) Previously submitted materials were deemed complete and included elevations which were revised to meet HPB conditions of approval; (c) LDR Section 2.4.4(B) requires positive findings of Article 3.1. The Board made these positive findings upon approval of the development proposal; • 338 NE 1' Avenue, Site Plan Extension Request:2006-170 HPB Meeting August 6,2008 Page 3 al 11 (d) At the time of approval, the Board incorporated conditions of approval to provide for a proposal which complied with the required review criteria. Staff has no further recommendations for additional revisions to the plans. Pursuant to LDR Section 2.4.4(F)(1)(d), eighteen month extensions are allowed by code unless otherwise stated. The applicant has requested an extension of 24 months. Therefore, the site plan approval would be valid through August 23, 2010. ASSESSMENT & CONCLUSION The request is not unreasonable as market conditions have drastically declined since the development proposal was approved in 2006. This is evident in the statement provided by the property owner which notes that the appraisal value of the project has been adversely affected. The Board approved the application with conditions based upon positive findings with respect to the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. While there have been significant LDR changes since the approval, the development extension request should not be affected as an appropriate and compatible development is being provided. Based on the analysis given and the justification request statement, positive findings can be made with respect to LDR Sections 2.4.4(D) and (F)(1) & (3), subject to the approval of the two waiver requests. ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of the request for an extension of the Certificate of Appropriateness and Class V site plan (2006-170) for the property located at 338 NE 1st Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Sections 2.4.4(D) and (F)(1) & (3) of the Land Development Regulations. C. Move denial of the request for an extension of the Certificate of Appropriateness and Class V site plan (2006-170) for the property located at 338 NE 1st Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, does not meet criteria set forth in Sections 2.4.4(D) and (F)(1) & (3) of the Land Development Regulations. (Motion to be phrased in the affirmative. See above) RECOMMENDATION Site Plan Extension Approve the request for an extension of the Certificate of Appropriateness and Class V site plan (2006-170)for the property located at 338 NE 1st Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Sections 2.4.4(D) and (F)(1) & (3) of the Land Development Regulations. Waiver Request— LDR Section 4.5.1(E)(8)(a)(1.)(a), Height— Building Height Plane Recommend approval of the waiver request to LDR Section 4.5.1(E)(8)(a)(1.)(a), which requires compliance with the Building Height Plane, based on positive findings. 338 NE 1'`Avenue, Site Plan Extension Request:2006-170 HPB Meeting August 6,2008 Page 4 of 11 Waiver Request— LDR Section 4.5.1(E)(8)(j)(2.), Scale of a Building Recommend approval to the City Commission of the waiver request to LDR Section 4.5.1(E)(8)(j)(2.), which requires that buildings deeper than fifty percent (50%) of the lot depth, a portion of each side façade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line: Report Prepared By: Amy E Alvarez, Historic Preservation Planner Attachments: •Appendix A—LDR Section 4.5.1 Analysis •Appendix B—Waiver Analysis • Extension Request Letter dated June 18 2007. • Historic Preservation Board Staff Report Dated August 23, 2006. 338 NE 1" Avenue, Site Plan Extension Request; 2006-170 HPB Meeting August 6,2008 Page 5 el 11 APPENDIX A LDR Section;4.5.1 Analysis LDR Section 4.5.1(E) is provided and analyzed below as applicable. (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. (2) Major and Minor development: For purposes of this section, major and minor development standards shall be applied as noted in the following table: Review Type by Use and Zoning District Modification of Modification of Non - Zoning Use New Contributing Structures Contributing Structures District Construction Under 25% Over 25% Under 25% Over 25% CBD &CF Multi-Family Minor Minor Minor Minor Minor Non-Residential Minor Minor Minor Minor Minor R-1-A, R- Single Major Minor Major Minor Major 1-AA, Family/Duplex RO, Multi-Family Major Minor Major Minor Major OSSHAD, Non-Residential Major Minor Major Minor Major RL, & RM, STAFF COMMENT: Pursuant to the chart above, the subject development proposal is considered "Major Development" as it is new construction within the OSSHAD zoning district. (3) Buildings, Structures, Appurtenances and Parking. Buildings, structures, appurtenances and parking shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner that will preserve the historical and architectural character of the building, structure, site, or district: (a) Appurtenances: Appurtenances include, but are not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures. 1. Fences and Walls: c. Fences and walls over four feet (4') shall not be allowed in front or side street setbacks. STAFF COMMENT: The landscape plan notes the removal of the existing picket fence from the north property line. Therefore, there will not be any fences located on the property or associated with the proposed development, and positive findings can be made. 2. Garages and Carports: a. The following compatibility standards shall apply for major development, where applicable: i. Garages and carports are encouraged to be oriented and entered from the side or rear and out of view from the public right of way. However, if this is not 1 338 NE 1'Avenue, Site Plan Extension Request:2006-170 HPB Meeting August 6,2008 Pag��6 of 11 possible, the orientation of garages and carports shall be consistent with the majority of such structures within the district. ii.Garage doors should be designed to be compatible with the architectural style of the principal structure and include individual openings for vehicles rather than two car expanses of doors. Metal two car garage doors are discouraged. STAFF COMMENT: A single garage door is located on the west (rear) elevation which faces the alley. However, this space is to be utilized for storage, not parking. Nevertheless, the proposal complies with the subject requirement and positive findings can be made. (b) Parking: 1. Where feasible, alternative methods of meeting minimum parking standards contained in Sections 4.6.9(C)(8) and/or 4.6.9(E), as applicable, shall be explored to avoid excessive use of historic properties and/or properties located in historic districts for parking. Parking lots shall strive to contribute to the historic nature of the properties/districts in which they are located by use of creative design and landscape elements to buffer parking areas from historic structures. At a minimum, the following options shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the public right-of-way with fencing, landscaping, or a combination of the two pursuant to Section 4.6.5. c. Utilize existing alleys to provide vehicular access to sites. d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically. e. Use appropriate materials for driveways, such as concrete poured in ribbons. f. Avoid wide driveways and circular drives. 2. Waivers may be granted by the Historic Preservation Board for relief from the number of parking spaces required in Section 4.6.9 upon presentation of confirmation that adequate parking for a proposed use may be achieved by alternate means which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation Design Guidelines. STAFF COMMENT: The required parking is located along the rear of the property and backs out onto the alley, while a circular driveway is proposed at the front of the property and would accommodate two (2) of the required parking spaces. Due to the parking located in front of the structure, a waiver request was made to LDR Section 4.4.24(G)(3), which states that"all parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure." Further analysis may be found in the attached HPB Staff Report. Nevertheless, the parking is in compliance with the subject regulations and positive findings can be made. (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. STAFF COMMENT: The subject Standards and Guidelines applied to the subject application in 2006 have not been revised. Therefore, positive findings can be made with the respect to the subject regulation. • 338 NE 1 Avenue, Site Plan Extension Request:2006-170 HPB Meeting August 6,2008 Page 7 of 11 (8) Visual Compatibility Standards. New construction and all improvements 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, 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. STAFF COMMENT: Those applicable Visual Compatibility Standards which were not significantly revised and/or added since the HPB approved the subject Class V Site Plan Application are noted and analyzed below. (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. a. The building height plane line is extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established at a two to one (2:1) ratio. See illustration below. ZI 'O L5J LD /MAX 35'HT, �� ZONE OI 22.5'1 HISTORIC azl 2 STORY HT, of -" 'N,N 5' ?EARBAOK a. .?.� 15` jSET STAFF COMMENT: Upon application of the subject regulation, the proposed structure is not in compliance, as a portion up to thirty two feet (32') in length is located within this area. Therefore, a waiver request is necessary. See Appendix B for the waiver analysis. 2. First Floor Maximum Height: a. Single-story or first floor limits shall be established by: i. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). ii. Mean Roof Height shall not exceed eighteen feet (18'). f HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Property Owner: Walter Waksmacki Project Location: 338 NE 1st Avenue, Old School Square Historic District HPB Meeting Date: August 6, 2008 File No.: 2006-170-SPF ITEM BEFORE THE BOARD The item before the Board is consideration of a twenty-four month time extension for a Certificate of Appropriateness, Class V site plan, and associated waivers for the property located at 338 NE 1st Avenue, Old School Square Historic District pursuant to LDR Section 2.4.6(H). BACKGROUND The subject property consists of Lot 19, Block 65, Town of Delray and contains approximately 0.15 acres, all of which is vacant land. The property is zoned OSSHAD (Old School Square Historic Arts District), and is located in the Old School Square Historic District. The subject application was reviewed and approved with conditions at the HPB meeting of August 23, 2006 meeting. The development proposal consisted of the construction of a 4,646 total square foot, three story, mixed-use structure in addition to two waivers: one waiver for the location of parking within the front yard and required front setback, and one waiver for the reduction of the required landscape strip from five feet (5') to two feet nine inches (2'9") and three feet, three inches (3'3"). These waivers were approved by the City Commission at its September 19, 2006 meeting. The aforementioned conditions of approval consisted of the following: Site Plan 1. That the details of any proposed signage are to be submitted; 2. That spun concrete lighting is provided on NE 1st Avenue and the details are noted on the plans if required by the Pineapple Grove Main Street Association and/or the Planning and Zoning Department; 3. That, where feasible, all overhead utility lines (including the alley) are placed under ground; 4. That the City Commission accept a 2' (two foot) dedication from the alley and a 5' (five foot) dedication from NE 1st Avenue from the subject property prior to site plan certification; 5. That all Site Plan Technical Items are addressed and three (3) copies of the revised plans are submitted (See Attached); 6. That a bicycle rack is provided, and; 7. That notification is received from the Palm Beach County Traffic Division that the proposed development meets traffic concurrency. Landscape Plan 1. Subject to the City Commission approval of the waiver request to reduce the required five foot (5') wide landscape barrier provided between the off-street parking area or other vehicular use area and abutting properties. Design Elements 1. That the third-floor porch on the rear elevation is revised to contain a post at the southern corner similar to that of the front elevation. 338 NE 1s'Avenue, Site Plan Extension Request,2006-170 HPB Meeting August 6,2008 Page 2 of 11 The noted conditions of approval were met and the plans were certified by the Planning and Zoning Director on December 12, 2006. EXTENSION REQUEST & ANALYSIS Pursuant to LDR Section 2.4.4(F)(1-3), extensions may be granted to the previously approved application, pursuant to the following: (1) General: (a) A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; (b) The letter must set forth the basis and reason for the extension; (c) The extension shall be considered by the same body which granted the original approval; (d) The extension, if granted, shall be for eighteen months unless otherwise stated; STAFF COMMENT A written request was submitted on June 25, 2008, which was more than forty-five (45) days prior to the site plan expiration date. The extension request letter (see attached) states that the project has been delayed due to the following: "...market conditions have adversely affected the appraisal value of my project and forced me to postpone construction." As no construction has occurred, this extension request is to be considered pursuant to LDR Section 2.4.4(F)(3) "No Construction" as follows: (3) No Construction: When the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submitted material may be required; (c) The granting body must make findings pursuant to 2.4.4(B); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. STAFF COMMENT The criteria noted above are considered as follows: (a) At the time of review, the Board felt that the proposal complied with the LDRs and made positive findings upon approving the site plan with conditions. However, LDR Section 4.5.1, Historic Preservation Districts and Sites, has undergone significant revisions. As illustrated in the analysis provided in "Appendix A", and upon approval of the waiver requests to those sections with which the proposal does not comply, positive findings can be made. (b) Previously submitted materials were deemed complete and included elevations which were revised to meet HPB conditions of approval; (c) LDR Section 2.4.4(B) requires positive findings of Article 3.1. The Board made these positive findings upon approval of the development proposal; 338 NE 1`.Avenue, Site Pian Extension Request:2006-170 HPB Meeting August 6,2008 Page 3 of 11 (d) At the time of approval, the Board incorporated conditions of approval to provide for a proposal which complied with the required review criteria. Staff has no further recommendations for additional revisions to the plans. Pursuant to LDR Section 2.4.4(F)(1)(d), eighteen month extensions are allowed by code unless otherwise stated. The applicant has requested an extension of 24 months. Therefore, the site plan approval would be valid through August 23, 2010. ASSESSMENT & CONCLUSION The request is not unreasonable as market conditions have drastically declined since the development proposal was approved in 2006. This is evident in the statement provided by the property owner which notes that the appraisal value of the project has been adversely affected. The Board approved the application with conditions based upon positive findings with respect to the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. While there have been significant LDR changes since the approval, the development extension request should not be affected as an appropriate and compatible development is being provided. Based on the analysis given and the justification request statement, positive findings can be made with respect to LDR Sections 2.4.4(D) and (F)(1) & (3), subject to the approval of the two waiver requests. ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of the request for an extension of the Certificate of Appropriateness and Class V site plan (2006-170) for the property located at 338 NE 1st Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Sections 2.4.4(D) and (F)(1) & (3) of the Land Development Regulations. C. Move denial of the request for an extension of the Certificate of Appropriateness and Class V site plan (2006-170) for the property located at 338 NE 1st Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, does not meet criteria set forth in Sections 2.4.4(D) and (F)(1) & (3) of the Land Development Regulations. (Motion to be phrased in the affirmative. See above) RECOMMENDATION Site Plan Extension Approve the request for an extension of the Certificate of Appropriateness and Class V site plan (2006-170) for the property located at 338 NE 1st Avenue, Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Sections 2.4.4(D) and (F)(1) & (3) of the Land Development Regulations. Waiver Request— LDR Section 4.5.1(E)(8)(a)(1.)(a), Height— Building Height Plane Recommend approval of the waiver request to LDR Section 4.5.1(E)(8)(a)(1.)(a), which requires compliance with the Building Height Plane, based on positive findings. 338 NE 1 Avenue. Site Plan Extension Request: 2006-170 HPB Meeting August 6,2008 Page 4 of 11 Waiver Request— LDR Section 4.5.1(E)(8)(j)(2.), Scale of a Building Recommend approval to the City Commission of the waiver request to LDR Section 4.5.1(E)(8)(j)(2.), which requires that buildings deeper than fifty percent (50%) of the lot depth, a portion of each side facade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line: Report Prepared By: Amy E Alvarez, Historic Preservation Planner Attachments: •Appendix A—LDR Section 4.5.1 Analysis •Appendix B—Waiver Analysis • Extension Request Letter dated June 18 2007. • Historic Preservation Board Staff Report Dated August 23,2006. 338 NE 1``Avenue, Site Plan Extension Request; 2006-170 HPB Meeting August 6,2008 Page 5 of 11 APPENDIX A LDR Section 4.5.1 Analysis LDR Section 4.5.1(E) is provided and analyzed below as applicable. (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. (2) Major and Minor development: For purposes of this section, major and minor development standards shall be applied as noted in the following table: Review Type by Use and Zoning District Modification of Modification of Non- Zoning Use New Contributing Structures Contributing Structures District Construction Under 25% Over 25% Under 25% Over 25% CBD &CF Multi-Family Minor Minor Minor Minor Minor Non-Residential Minor Minor Minor Minor Minor R-1-A, R- Single Major Minor Major Minor Major 1-AA, Family/Duplex RO, Multi-Family Major Minor Major Minor Major OSSHAD, Non-Residential Major Minor Major Minor Major RL, &RM, STAFF COMMENT: Pursuant to the chart above, the subject development proposal is considered "Major Development" as it is new construction within the OSSHAD zoning district. (3) Buildings, Structures, Appurtenances and Parking. Buildings, structures, appurtenances and parking shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner that will preserve the historical and architectural character of the building, structure, site, or district: (a) Appurtenances: Appurtenances include, but are not limited to, stone walls, fences, light fixtures, steps, paving, sidewalks, signs, and accessory structures. 1. Fences and Walls: c. Fences and walls over four feet (4') shall not be allowed in front or side street setbacks. STAFF COMMENT: The landscape plan notes the removal of the existing picket fence from the north property line. Therefore, there will not be any fences located on the property or associated with the proposed development, and positive findings can be made. 2. Garages and Carports: a. The following compatibility standards shall apply for major development, where applicable: i. Garages and carports are encouraged to be oriented and entered from the side or rear and out of view from the public right of way. However, if this is not 338 NE 1'"Avenue, Site Plan Extension Request:2006-170 HPB Meeting August 6,2008 Page 6 of 11 possible, the orientation of garages and carports shall be consistent with the majority of such structures within the district. ii.Garage doors should be designed to be compatible with the architectural style of the principal structure and include individual openings for vehicles rather than two car expanses of doors. Metal two car garage doors are discouraged. STAFF COMMENT: A single garage door is located on the west (rear) elevation which faces the alley. However, this space is to be utilized for storage, not parking. Nevertheless, the proposal complies with the subject requirement and positive findings can be made. (b) Parking: 1. Where feasible, alternative methods of meeting minimum parking standards contained in Sections 4.6.9(C)(8) and/or 4.6.9(E), as applicable, shall be explored to avoid excessive use of historic properties and/or properties located in historic districts for parking. Parking lots shall strive to contribute to the historic nature of the properties/districts in which they are located by use of creative design and landscape elements to buffer parking areas from historic structures. At a minimum, the following options shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the public right-of-way with fencing, landscaping, or a combination of the two pursuant to Section 4.6.5. c. Utilize existing alleys to provide vehicular access to sites. d. Construct new curb cuts and street side driveways only in areas where they are appropriate or existed historically. e. Use appropriate materials for driveways, such as concrete poured in ribbons. f. Avoid wide driveways and circular drives. 2. Waivers may be granted by the Historic Preservation Board for relief from the number of parking spaces required in Section 4.6.9 upon presentation of confirmation that adequate parking for a proposed use may be achieved by alternate means which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation Design Guidelines. STAFF COMMENT: The required parking is located along the rear of the property and backs out onto the alley, while a circular driveway is proposed at the front of the property and would accommodate two (2) of the required parking spaces. Due to the parking located in front of the structure, a waiver request was made to LDR Section 4.4.24(G)(3), which states that"all parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure." Further analysis may be found in the attached HPB Staff Report. Nevertheless, the parking is in compliance with the subject regulations and positive findings can be made. (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. STAFF COMMENT: The subject Standards and Guidelines applied to the subject application in 2006 have not been revised. Therefore, positive findings can be made with the respect to the subject regulation. 338 NE 1`71 Avenue, Site Plan Extension Request:2006-170 HPB Meeting August 6,2008 Page 7 of 11 (8) Visual Compatibility Standards. New construction and all improvements 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, 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. STAFF COMMENT: Those applicable Visual Compatibility Standards which were not significantly revised and/or added since the HPB approved the subject Class V Site Plan Application are noted and analyzed below. (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. a. The building height plane line is extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established at a two to one (2:1) ratio. See illustration below. zi rNO BUILD MAX 35' HI / ! ZONE ?I I wl 7 i 22.5',HISTORIC a.I 2 STORY Ia. zl 1 17.5' REAR i,�i 15' SETBACK ® 12 5' /-25.0' l / 30.0'-1 ,'-35.0'—/ XI 150.0' BUILDING HEIGHT PLANE AT 2:1 RATIO STAFF COMMENT: Upon application of the subject regulation, the proposed structure is not in compliance, as a portion up to thirty two feet (32') in length is located within this area. Therefore, a waiver request is necessary. See Appendix B for the waiver analysis. 2. First Floor Maximum Height: a. .Single-story or first floor limits shall be established by: i. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). ii. Mean Roof Height shall not exceed eighteen feet (18'). 338 NE 1''Avenue, Site Plan Extension Request,2006-'1 l0 HPB Meeting August 6,2008 Page 8ot 11 iii. Any portion exceeding the dimensions described in i. and ii above shall be considered multi-story structures. iv. See illustration below: 12 ROOF PITCH MAY VARY ,,r MEAN ROOF HT_ "`TOP OF BEAM c bo 2 r 'v 1 1 F.F.E. v. Sections i. and ii., above may be waived by the Historic Preservation Board when appropriate, based on the architectural style of the building. 3. Upper Story Height: a. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12'). STAFF COMMENT: The first floor height is twelve feet, four inches (12'4") to the top of the concrete slab for the second story, while the second story measures twenty-three feet (23') to the top of the beam, and the third story portion measures thirty feet (30') to the top of the beam. Therefore, the proposed structure complies with the height requirements noted above. (j) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. To determine whether the scale of a building is appropriate, the following shall apply for major development only: 2. For buildings deeper than fifty percent (50%) of the lot depth, a portion of each side façade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line: a. To calculate how much of the building depth must comply with this provision, multiply the lot depth by fifty percent (50%) and subtract the required minimum front and rear setbacks (example: 120' lot depth x 50% = 60' - 25' front yard setback - 10' rear setback = 25'). b. Any part or parts of the side façades may be used to meet this requirement. c. See illustration below: 333 NE 1" Avenue, Site Plan Extension Request:2006-170 HPB Meeting August 6.2008 . Page 9of11 75 LOT c t 75'LOT 1 1 b jj 8 7.5.5 50' 5.7.5 n 7.55' 50' 57.5 • d. If the entire building is set back an additional five (5)feet from the side, no offsets are required on that side. 3. Porches may be placed in the offset portion of the front or side façades, provided they are completely open except for supporting columns and/or railings. STAFF COMMENT: Pursuant to the above, at least thirty feet, six inches (30'6") is required to be set back an additional five feet (5') on each side elevation. The entire south elevation complies with this requirement as there is at least an additional five foot (5') setback along this side. However, the north elevation is flush with respect to the first and second stories which measures sixty five feet, four inches (65'4") in length. To the contrary, the third floor measures only thirty feet (30') in length and is set back an additional three feet, six inches (3'6"). As a result of the second story not complying with the new regulation, a waiver to this regulation is required and analyzed in Appendix B. (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. STAFF COMMENT: As identified in the attached HPB Staff Report, the overall architectural style is Vernacular, consisting of Hardiplank siding and a 5-V crimp, mill finish metal roof. Aluminum, single hung windows of a 2/2 configuration are proposed throughout with paneled, aluminum shutters and shutter-dog hardware. The main entry consists of a pair of divided light, French doors. Therefore, positive findings can be made with respect to the subject regulation. 338 NE 1' Avenue, Site Plan Extension Request:2006-170 HPB Meeting August 6,2008 Page 10 of 11 APPENDIX B Waiver Analysis As noted in Appendix A, two additional requests are required in order to comply with the current LDRs. LDR Section 4.5.1(E)(8)(a)(1.)(a) A waiver is required to LDR Section 4.5.1(E)(8)(a)(1.)(a), Height, Building Height Plane (BHP), which requires compliance with the building height plane technique. The BHP sets back the overall height of a building from the front property line. As indicated in Appendix A, a portion up to thirty two feet (32') in length is located within this area. LDR Section 4.5.1(E)(8)(a)(2.)(a)(v.) notes that this requirement may be waived by the Historic Preservation Board when appropriate based on the architectural style of the building. In support of the waiver request, the applicant has submitted the following: "This section did not exist when the project was originally approved; therefore, such requirement was not taken into account when designing the project." Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. ANALYSIS Approval of the subject request can be supported in that (a)" it will not adversely affect the neighboring area as the Board was previously able to make positive findings with respect to appropriateness and compatibility, (b) the provision of public facilities will not be diminished as they would not be affected by the request, (c) an unsafe situation will not be created as this would have been addressed in the original Board review and approval, and (d), a special privilege is not being granted as the additional building portion which extends into the BHP is appropriate to the style of the building and will not appear to be incompatible as it will assist in balancing the streetscape with the development located on the opposite side of NE 1st Avenue. Therefore, positive findings can be made with respect to the subject waiver request. LDR Section 4.5.1(E)(8)(j)(2.) A waiver is required to LDR Section 4.5.1(E)(8)(j)(2.), Scale of a Building, which requires an additional setback of five feet (5') on each side elevation. Therefore, the subject development proposal will require that at least thirty feet, six inches (30'6") is setback an additional five feet (5') on each side elevation. The north elevation is flush with respect to the first and second stories which measures sixty five feet, four inches (65'4") in length. To the contrary, the third floor measures only thirty feet (30') in length and is set back an additional three feet, six inches (3'6"). In support of the waiver request, the applicant has submitted the following: "This section did not exist when the project was originally approved; therefore, such requirement was not taken into account when designing the project." Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: 338 NE 1"Avenue, Site Plan Extension Request:2006-170 HPB Meeting August 6,2008 Page 11 of 11 (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. ANALYSIS Approval of the subject request can be supported in that (a) it will not adversely affect the neighboring area as the Board was previously able to make positive findings with respect to appropriateness and compatibility, (b) the provision of public facilities will not be diminished as they would not be affected by the request, (c) an unsafe situation will not be created as this would have been addressed in the original Board review and approval, and (d), a special privilege is not being granted as the lack of change in the wall plane between the first and second floors . Therefore, positive findings can be made with respect to the subject waiver request. r)11 Perez Design Architecture Planning&Design Incorporated AA-002886 July 29,2008 Amy Alvarez Historic Preservation Planner Planning and Zoning Department City of Delray Beach • Defray Beach,Florida Reference: Waksmacki Building Site Plan Extension Dear Amy: A pursuant to LDR section 2.4.7(8), we hereby request a waiver to the following sections of the Land Development Regulations: Waiver#1: A waiver to LDR Section 4.5.1(E)(8)(a)(1.)(a), which requires compliance with the Building Height Plane.This section did not exist when the project was originally approved;therefore,such requirement was not taken into account when designing the project. The granting of the waiver will not adversely affect the neighboring area, the granting of the waiver will not create and unsafe situation, and the granting of the waiver will not result in the grant of a special privilege. Waiver#2: A waiver to LDR Section 4.5.1(E)(8)(j)(2.),which requires that buildings deeper than fifty percent of the lot depth have special side setback requirements. This section did not exist when the project was originally approved; therefore, such requirement was not taken into account when designing the project The granting of the waiver will not adversely affect the neighboring area, the granting of the waiver will not create and unsafe situation,and the granting of the waiver will not result in the grant of a special privilege. Respectfully, Francisco Perez-Azua, President Perez Design Inc. 4205 West Atlantic Avenue,Suite 304 Delray Beach,FL 33445 Phone.561.279.2006 Fax.561.279.2801 HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 23, 2006 AGENDA ITEM: II. A. ITEM: Waksmaci Building (338 NE 1st Avenue)— Consider a Certificate of Appropriateness Associated with a Class V Site Plan, Landscape Plan, Design Elements and Waiver Requests for the Construction of a Mixed Use Structure. GENERAL DATA: Owner/Applicant Elegant Kitchens & Baths, Inc. Agent Perez Design, Inc. Location West side of Northeast 1st c' ' Avenue, approximately 220' south of Northeast 4th Street. N.E. 5TH Property Size 0.15 Acres Future Land Use Map OMU (Other Mixed Use) Current Zoning OSSHAD (Old School Square Historic Arts District) N.E. 4TH ST. Adjacent Zoning North: OSSHAD (Old School Square Historic Arts District) POST East: CBD (Central Business z _ _ OFFICE District) South: OSSHAD (Old School Square Historic Arts District) West: OSSHAD (Old School _ Square Historic Arts District) n Q b.; Existing Land Use Vacant _ Proposed Land Use Construction of a mixed use structure. f,Z N.E. 3RD ST. -� _U) ( -N Z AI Z l� nI • II. A. ITEM BEFORE THE BOARD The action before the Board is approval of the following development proposal aspects for the Waksmacki Building located at 338 NE 1st Avenue, Old School Square Historic Arts District, pursuant to LDR Section 2.4.5(F): • Class V Site Plan; • Landscape Plan; • Design Elements, and; • Waiver Requests The subject property is located on the west side of NE 1st Avenue, between NE 3rd and 4th Streets. BACKGROUND The subject property consists of Lot 19, Block 65, Town of Delray and contains approximately 0.15 acres, all of which is vacant land. The property is zoned OSSHAD (Old School Square Historic Arts District), and is located in the historic district of the same name. Records do not show a structure ever having been located on the lot. The action now before the Board is approval of the site plan, landscape plan, architectural elevations, and two waivers. PROJECT;DESCRIPTION • The development proposal incorporates the following: • Construction of a 4,646 total square foot, two and three story, mixed-use structure, and; ■ Installation of associated landscape plan. New Construction The subject property measures fifty feet (50') in width and one-hundred, thirty-one feet (131') in depth. The proposed development consists of the construction of a 4,646 square foot, mixed- use structure measuring approximately thirty-four feet (34') to the mean roof height and consisting of two-stories with a partial third story situated to the rear of the structure. The first floor contains approximately 1,591 square feet of office space, 272 square feet of storage and 80 square feet of residential space, while the second and third floors contain a combined total of 2,296 square feet to be used as a single-family residence. The overall architectural style is Vernacular, consisting of Hardiplank siding and a 5-V crimp, mill finish metal roof. Aluminum, single hung windows of a 2/2 configuration are proposed throughout with paneled, aluminum shutters and shutter-dog hardware. The main entry consists of a pair of divided light, French doors. The exterior color scheme consists of 'Summer Tree Peach' for the siding, White for the windows, fascia, columns, railings, and doors, and 'Cornstalk' (light green)for the shutters. Landscape Plan The landscaping consists of 2 Magnolias and a Gumbo Limbo to the front of the building and 2 Silver Buttonwoods adjacent to the rear car parking area. Other plant species include Redtip 338 NE 1 st Avenue, 2006-17C 'F HPB Meeting August 2, 2006 Cocoplum, Double Alexander Palms, Crown of Thorn, Green Island Fiscus, and Confederate Jasmine. Waivers The development proposal also includes waivers to the following sections of the Land Development Regulations: 1. LDR Section 4.4.24(G)(3), which states that all parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. The applicant proposes a circular driveway allowing for two (2) parking spaces located within the front yard and required front setback. 2. LDR Section 4.6.16(H)(3)(d), which requires a five foot (5') landscape strip between off- street parking areas or other vehicular use areas and abutting properties. The parking at the rear of the property, along the alley, is situated between two landscape strips measuring two feet nine inches (2'9") and three feet, three inches (3'3"). SITE PLAN ANALYSIS The subject property is zoned OSSHAD. Pursuant to LDR Section 4.4.24(A), the OSSHAD is a mixed use district which is intended to: (1) Provide for mixed uses of residential, office, and commercial activities, with an emphasis on the arts, that will encourage the restoration or preservation of historic structures and, yet, maintain and enhance the historic and pedestrian scale of the area; (2) Stimulate greater awareness and pride in the City's architectural heritage, and create an atmosphere and feeling of"Old Delray Beach"; (3) Improve the environmental quality and overall livability of this Historic District and stabilize and improve property value therein, and; (4) Allow uses which promote preservation and adaptive reuse of all structures within the District. 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 4.3.4(K) Development Standards Matrix The following table indicates that the proposal complies with LDR Section 4.3.4(K) as it pertains to that portion of the development located in the OSSHAD zone district: Required Provided Building Height (maximum) 35' 34' Open Space 25% 31% Maximum Lot Coverage 40% 33% Setbacks • Front 25' 25' • Side Interior (North & South) 7'6"' 7'6" • Rear 10' 33' Development Standards Pursuant to LDR Section 4.4.24(F)(5), the floor area for the third floor shall be limited to 50% of the second floor area and the building setbacks or planes of the façade are offset and varied to 2/18 338 NE 1st Avenue; 2006-17C 'F HPB Meeting August 2, 2006 provide visual relief. The proposed third floor contains approximately 565 total square feet, while the second floor contains approximately 1,898 total square feet. Therefore, the proposal is in compliance with this requirement at 29.7%. Special District Regulations Pursuant to LDR Section 4.4.24(H)(1), residential units within a structure containing permitted non-residential use(s) shall not use more than 50% of the gross floor area of the structure within which they are located. The proposal has a total area of 4,646 square feet and contains 2,296 square feet of residential use which is 49.4%. The proposal is therefore in compliance with this requirement. Parking The following LDRs apply: Pursuant to LDR Section 4.4.24(G)(3), all parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the character of the area will be maintained. If approved, such parking shall be substantially screened from off-premises view by a hedge or decorative fencing. The proposal includes 6 parking spaces, 4 of which are accessed from the rear alley and 2 of which are located between the street and the building. The 2 front spaces will be screened by Crown of Thorn, Trinette and a Gumbo Limbo. A semi-circular drive will allow vehicles to exit in a forward manner to NE 1st Avenue. Pursuant to LDR Section 4.4.24(G)(4)(a), all non-residential uses, with the exception of restaurants, shall provide one parking space per 300 sq.ft. of total new or existing floor area being converted to non-residential use. This requirement may be reduced to one parking space per 400 sq.ft. of total floor area, or by at least one space, where there is a mix of residential and non-residential use in the same structure. Pursuant to LDR Section 4.6.9(C)(2)(a), single-family detached residences require two spaces per dwelling unit. As per the applicant's letter of June 27, 2006, the first floor storage area will be used as part of the office area. The total office area therefore is 1,863 square feet which requires 5 parking spaces. The dwelling unit requires 2 parking spaces. A total of 7 spaces are required and the proposal includes 6. LDR Section 4.6.9(F)(1) allows a reduction in the number of parking spaces when, upon receipt and acceptance of special documentation, it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use. The body which acts on the attendant site plan may reduce the parking requirements accordingly. The applicant is requesting a reduced number of parking spaces with regard to this section of the LDRs and has submitted a letter of request and the building floor plans as special documentation. The letter states: 'The building floor plans clearly indicate that the reduced number of parking spaces (six instead of seven) will accommodate the commercial use within the building because of the following reasons: 3/18 338 NE 1st Avenue; 2006-17C 'F HPB Meeting August 2; 2006 • The actual square footage of the commercial space without the storage area, which is 1,591 SF, requires four parking spaces'. As this proposal has an inordinately large storage area associated with the commercial use (272 square feet), this request can be supported. Per LDR Section 4.6.9(D)(2)(a-b), each required parking space shall be accessible at all times. Access which conforms with minimal aisle standards and which includes maneuvering area so that a vehicle must be able to enter and exit the parking area onto a street or alley in a forward manner shall be provided, except in the following situations: (a) When the land use is a single family detached dwelling, a townhouse (fee simple ownership), or a duplex; (b) When the parking is adjacent to an alley and the parking space and alley have a combined minimum depth of 42' and a minimum width of ten feet (10') and the location of parked vehicles does not impair sight distance of pedestrians or vehicles utilizing the alley; The combined depth of the alley and the parking space is 42 feet therefore the proposal is in compliance with this requirement. Waiver Requests As previously noted, the following waivers have been requested: 1. LDR Section 4.4.24(G)(3), which states that all parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the character of the area will be maintained. If approved, such parking shall be substantially screened from off-premises view by a hedge or decorative fencing. The proposal includes 6 parking spaces, 4 of which are accessed from the rear alley and 2 of which are located between the street and the building within the front setback. The 2 front spaces will be screened by Crown of Thorn, Trinette and a Gumbo Limbo. A semi- circular drive will allow vehicles to exit in a forward manner to NE 1st Avenue. 2. LDR Section 4.6.16(H)(3)(d), which requires a five foot (5') landscape strip between off- street parking area or other vehicular use areas and abutting properties. The parking at the rear of the property, along the alley, is situated between two landscape strips measuring two feet nine inches (2'9") and three feet, three inches (3'3"). Signs: As the first-floor is to be used for office/commercial space, the details of any proposed signage must be submitted. This is attached as a condition of approval. Site Lighting: Pursuant to LDR Section 4.6.8, site lighting is required to be provided. The proposal includes the installation of Cyclone CN5502 wall mounted lighting fixtures. The black aluminum fixtures will be installed on the structure approximately 8' 8" above ground level. In accordance with 4/18 338 NE 1st Avenue, 2006-17C 'F HPB Meeting August 2; 2006 LDR Section 4.6.8, a photometric plan has been provided which complies with the requirements of this section. Sidewalks: A paver brick sidewalk and spun concrete lighting are to be provided on NE 1st Avenue. This requirement has been added as a condition of approval and must be shown on the plans. Pineapple Grove Main Street Redevelopment Plan: The Pineapple Grove Main Street Neighborhood Plan (The Plan) contains several design guidelines that address redevelopment efforts within this area. The following is an analysis of the applicable design guidelines: Overhead Power Lines: Overhead cables (electric, telephone, CATV) are required to be placed under ground whenever feasible. A condition of approval is attached that, where feasible, all overhead utility lines (including the alley) are placed under ground. The Pineapple Grove Design Committee submitted a letter of support for the proposal dated March 30, 2006 subject to the condition that the decorative shutters are in direct proportion to the size of the windows. Right-of-Way Dedication: Pursuant to LDR Sections 5.3.1 (A) and (D) and Table T-1 of the Comprehensive Plan Transportation Element, the following table describes the required rights-of-way and the existing rights-of-way adjacent to the subject property: Right-of-Way Required Existing Proposed Required Dedication Pineapple Grove Way 60' 50' 50' 0' _ NE 1st Street 55' 50' 50' 5' NE 1st Avenue 60' 50' 50' 5' Alley 20'or dominant width 16' 20' 4' The City Engineer has stated that a 2' right-of-way dedication along the alley is required and a 5' right-of-way dedication along NE 1st Avenue is required. Copies of recorded right-of-way dedications must be submitted and the dedications must be accepted by the City Commission. Site Plan and Engineering Technical Items: While the revised site plan has accommodated some staff concerns; the following items remain outstanding, and will need to be addressed prior to building permit submittal (unless stated otherwise): 1. No building permit will be issued until all dedications are recorded. 2. Remove all civil details from the architectural plans. 3. Health Department permits are required for this project. Provide copies of the water permit. 4. Verify limits of 6"water main along NE 1st Ave and show on plans. 5. Provide copy of certified topographic survey. 6. A 2' right-of-way dedication along the alley is required. Provide copy of recorded right- of-way dedication. 5/18 338 NE 1st Avenue, 2006-17C 'F HPB Meeting August 2, 2006 7. A 5' right-of-way dedication along NE 1st Ave is required. Provide copy of recorded right- of-way dedication. 8. Provide certified exfiltration trench test results. 9. Existing 2"water main along NE 1st Ave may need to be upgraded. 10. Provide asphalt paving cross section. 11. The sidewalk along NE 1st Avenue is required to be pavers. Match existing design for Pineapple Grove area. The Site Plan shows the sidewalk as being concrete. 12. Engineer is to field verify location, size and depth of existing City of Delray Beach utilities prior to submitting Final Engineering Plans. 13. Provide on the plans current City of Delray Beach standard construction details as applicable. 14. All connections to existing water mains shall be made while the water main is under normal working pressure. If this cannot be accommodated, the design shall incorporate special provisions such as line-stops to minimize the impact on existing customers. 15. Show limits of trench repair for installation of new water main. 16. Indicate on the plans the location pigging wyes. 17. Provide on the detail sheet the City's standard Fill and Flush detail. 18. Material size of water main in the City of Delray Beach is 8 inches. Material of proposed water main is to be Ductile Iron Pipe or C-900. 19. Provide copy of approved Landscape plan. 20. A certified engineer's estimate will be required for all City maintained improvements. A 110% surety and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement for Completion of Required Improvements is required. This agreement can be obtained at www.mydelraybeach.com. For additional information see Section II of the City of Delray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will be required. 21. Provide a detailed description of how each of these comments has been addressed with next submittal, along with two sets of revised plans to the Engineering Department, 434 S. Swinton Avenue. 22. Additional comments may follow upon provision of requested information. WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; or, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Parking Pursuant to LDR Section 4.4.24(G)(3), all parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. The applicant proposes a circular driveway allowing for two (2) parking spaces located within the front yard and required front setback. The applicant has submitted the following narrative in support of the waiver: "The intent of the project is to create a single occupant, mixed-use building that looks and feels like a single-family home. Mr. Wally and Susan Waksmacki would like to live 6/18 338 NE 1st Avenue. 2006-17C 'F HPB Meeting August 2; 2006 and work in the historic district...they want to build, attached to their residence, a small (1500st) show room where they are going to see customers by appointment only...Because they see their customers on a 'by appointment only' basis, Wally and Susan do not need the traffic and exposure of a commercial street." Analysis While the proposed development is not solely a single-family home, it does contain a single- family residence component. The parking spaces at the front meet the required residential parking component. Additionally, the addition of a circular driveway would add to the residential feel of the property within the mixed-use historic district. Therefore, positive findings can be made to the waiver request for parking located in the front yard. Landscaping Pursuant to LDR Section 4.6.16(H)(3)(d), a landscaped barrier shall be provided between the off-street parking area or other vehicular use area and abutting properties. This landscape barrier shall be located between the common lot line and the off-street parking area or other vehicular use area in a planting strip of not less than five (5)feet in width. "The project provides...landscape islands around the parking lots on the west side of the property. These widths have been reduced in order to accommodate parking on this very small property. In addition, we are unable to provide tree with the island, as such tree will conflict with the existing power lines. As we have experienced during the previous hurricanes, FPL is very weary of trees being planted in close proximity to power lines." Analysis The parking at the rear of the property (along the alley) is situated between two proposed landscape strips measuring two feet nine inches (2'9") and three feet three inches (3'3") in width. While the landscape strips measure less than the required width, the buffer area is still provided at more than half of the required width. Therefore, positive findings can be made to the waiver request to reduce the landscape strips to two feet nine inches (2' 9") and three feet three inches (3' 3"). LANDSCAPE ANALYSIS The following Landscape Technical Review item remains outstanding, but is addressed in the form of a waiver: • Per 4.6.16(H) (3) (d) a landscaped barrier shall be provided between the off-street parking area or other vehicular use area and abutting properties. This landscape barrier shall be located between the common lot line and the off-street parking area or other vehicular use area in a planting strip of not less than five (5) feet in width. This space has not been provided on both sides of the parking row adjacent to the alley or the circular driveway in front. DESIGN ELEMENTS Comprehensive Plan Objective A-12.1 of the Comprehensive Plan, offers that to assist the 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. 7/18 338 NE 1st Avenue, 2006-17C 'F HPB Meeting August 2, 2006 . 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 size and scale of new homes to be consistent with the 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. Design Elements LDR Section 4.5.1(E)(4) and 4.5.1(E)(8)(a-k), "Development Standards"provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features. The Board shall consider the following: (E)(4) A historic site, or building, structure, site improvement, or appurtenance within a historic district shall be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of Interior's Standards for Rehabilitation, as amended from time to time. (E)(7) The construction of new buildings or structures, or the relocation, alteration, reconstruction, or major repair or maintenance of a non-contributing building or structure within a designated historic district shall meet the same compatibility • standards as any material change in the exterior appearance of an existing non- contributing building. Any material change in the exterior appearance if any existing non-contributing building, structure, or appurtenance in a designated historic district shall be generally compatible with the form, proportion, mass, configuration, building material, texture, color, and location of historic buildings, structures, or sites adjoining or reasonably approximate to the non-contributing building, structure, or site. (E)(8) All improvements to buildings, structures, and appurtenances shall be visually compatible. Visual compatibility shall be determined in terms of height, front facade proportion, proportion of openings (windows and doors), rhythm of solids to voids on front facades, rhythm of buildings on streets, rhythm of entrance and/or porch projections, relationship of materials, texture and color, roof shapes, walls of continuity, scale of building, directional expression of front elevation. The following criteria have not been met: (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. (j) Scale of a Building: The size of a building, the building mass in relation to open spaces, windows, door openings, balconies, and porches shall be visually compatible with the building size and building mass of historic sites, buildings, and structures within a historic district.. The Secretary of the Interior's Standards for Rehabilitation recommend that: Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. (Standard #3) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and 8/18 338 NE 1st Avenue, 2006-17C 'F HPB Meeting August 2, 2006 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) Delray Beach Historic Preservation Design Guidelines o For buildings where additional height is allowed, stepping back the upper stories may help to minimize the difference as viewed from the street. oAll infill must be compatible with the surrounding buildings and yet must be differentiated from the historic building stock. oThe height of any new building should be similar to those of other buildings along the streetscape. oThe 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. oRoof forms and pitch should be compatible with the surrounding buildings. The proposed mean height of the roof is 34' and the height to the ridge is approximately 37' 6". The property to the south is 2-story, to the north is a 1-story cottage and to the rear (west) are mainly 1-story properties. The lots across NE 1st Avenue are currently empty but will be developed as 3-story townhomes. The third story has been set back approximately 35' 6" from the first and second story façade and this should limit the impact from NE 1st Avenue. However, there is concern that the third story will be overbearing to the adjacent properties, particularly the one-story structures to the north and rear (west). The roof pitch of the third floor should be reduced, the overall roof height should be lowered and roof lights should be installed. The covered balcony area on the west elevation should be removed which would then step back the third floor from the west elevation. This is noted as a condition of approval. The scale and mass of the building appear to be suitable on the front elevation as the third story is stepped back and there is a 2-story structure to the south. There is concern, however, over the increased massing of the third floor on the north, south and west elevations. This massing could be reduced by the above condition of approval. The structure will be constructed from Hardiplank siding and will have a 5-V crimp metal roof. Hardiplank siding is an appropriate material for this style of house as it has a similar appearance to wood siding but also identifies the structure as being of new construction. Metal roofs have been approved for similar style buildings in historic areas. The windows and balcony rails will be aluminum which will also identify this building as being of new construction. REQUIRED FINDINGS Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. 9/18 338 NE 1st Avenue, 2006-17C 'F HPB Meeting August 2, 2006 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 the Future Land Use Map and Comprehensive Plan Consistency, Concurrency, and Compliance with the Land Development Regulations. At its meeting of May 7, 2002, the City Commission made positive findings with respect to the Future Land Use Map, Comprehensive Plan Consistency, and Concurrency provided conditions of approval are addressed. However, the following is provided: Section 3.1.1 (A) - Future Land Use Map: The subject property has a FLUM (Future Land Use Map) designation of OMU (Other Mixed Use) and zoning designation of OSSHAD. The zoning districts are consistent with the Future Land Use Map designations. Pursuant to LDR Section 4.4.24(A)(1), mixed use of residential, office and commercial activities is to provided with in the OSSHAD. Thus, positive findings can be made with respect to Future Land Use Map consistency. Section 3.1.1 (B) -Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste, provided that all outstanding items attached as conditions of approval are addressed. 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 provided, that all outstanding items attached as conditions of approval are addressed. 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 LDRs can be made, provided that all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: 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. The property is a vacant lot and therefore, there are no special physical, historic, or environmental characteristics of the land that would be negatively impacted by the proposed mixed-use development. The development will be complimentary with the surrounding mixed- use developments and residential properties while providing a customer base for area businesses on a year-round basis instead of seasonal, which provides economic stability for the area. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states as follows: 10/18 338 NE 1st Avenue, 2006-17C `F • HPB Meeting August 2; 2006 One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area. The proposed development will help to fulfill this stated land use need, and is therefore consistent with this policy. Future Land Use Element Policy C-4.4. — The City supports the efforts to revitalize the Pineapple Grove Main Street (PGMS) area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. While the CRA is the lead support agency for the PGMS organization, the City will provide technical support and assistance through the Planning &Zoning and Community Improvement Departments. The Pineapple Grove Main Street Neighborhood Plan contains several design guidelines that address redevelopment efforts within this area. These items were previously discussed under the "Compliance with LDRs" Section of this report. Transportation Element Policy D-2.2 — Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. Bicycle parking has not been provided and has been added as a condition of approval. Housing 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 Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The applicants are in the kitchen cabinet business and they stock their products in a warehouse outside the historic district. The commercial element of this proposal is for use as a small showroom where they will meet customers by appointment only, therefore, the traffic volume should be low. The project is located within an area that consists of the traditional road grid system. This system is conducive to traffic distribution, wherein, automobiles have a diverse choice of options to navigating the downtown area. Motorists are able to navigate the local grid street system to avoid congestion in order to reach collector and arterial roads such as Pineapple Grove Way, NE 1st Street, NE 1st Avenue, NE 2"d Street, Swinton Avenue, NE 4th Street/Lake Ida Road, Atlantic Avenue, and Federal Highway. Given the diffusion of vehicle trips, it is unlikely that adjacent neighborhoods will be negatively impacted by the additional traffic. 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 11/18 338 NE 1st Avenue, 2006-17( 1F HPB Meeting August 2. 2006 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 is bordered to the north, south and west by the Old School Square Historic Arts District zoning district and to east by the CBD zoning district. The adjacent land uses include: to the north, south, and west single family residential and commercial uses. The lots to the east are currently vacant but will be developed as residential properties. The mixed-use development proposal will enhance the aesthetics of the subject property together with the neighborhood. The traffic volume will be low as customers will be seen by appointment only. The applicants will also live on the property, which is to be encouraged as the Old School Square Historic District needs residents due to the number of small houses that have been converted to business uses. REVIEW BY OTHERS Pineapple Grove Design Review Committee With reference to their letter of March 30, 2006, the Design Review Committee reviewed the proposal and recommended approval of the development proposal, subject to the condition that the decorative shutters be in direct proportion to the size of the windows. Community Redevelopment Agency (CRA) At its meeting of April 13, the CRA reviewed the proposal and recommended approval. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: ■ Neighborhood Advisory Council ■ Progressive Residents of Delray (PROD) ■ President's Council ASSESSMENT AND CONCLUSION The proposed mixed-use portion of the development will further enhance this section of NE 1st Avenue and bring more residents to the Old School Square Historic District. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(F)(5) regarding compatibility of the proposed development with surrounding properties. Positive findings can be made with respect to compliance with the Land Development Regulations provided the conditions of approval are addressed. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Certificate of Appropriateness and associated Class V site plan (2006- 17-SPF), landscape plan, design elements, and waivers for the Waksmacki Building located at 338 NE 1st Avenue, Old School Square Historic Arts District, by adopting the findings of fact and law contained in the staff report, and finding that the request, and 12/18 338 NE 1St Avenue, 2006-17C 'F HPB Meeting August 2, 2006 approval thereof, meets criteria set forth in Chapter 3, Section 2.4.5(F)(5) of the Land Development Regulations and Comprehensive Plan, subject to conditions of approval. C. Move denial of the Certificate of Appropriateness and associated Class V site plan (2006- 17-SPF), landscape plan, design elements, and waivers for the Waksmacki Building located at 338 NE 1st Avenue, Old School Square Historic Arts District, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, does not meet criteria set forth in Chapter 3, Section 2.4.5(F)(5) of the Land Development Regulations and Comprehensive Plan. STAFF RECOMMENDATION By Separate Motions: Waivers 1. Recommend approval to the City Commission the waiver request to LDR Section 4.4.24(G)(3), which requires that all parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley, based on positive findings. 2. Recommend approval to the City Commission the waiver request to LDR Section 4.6.16(H)(3)(d), which requires that a 5' landscaped barrier be provided between the off- street parking area or other vehicular use area and abutting properties, based on positive findings. Site Plan Move approval of the Certificate of Appropriateness and associated Class V site plan (2006- 170-SPF) for the Waksmacki Building located at 338 NE 1st Avenue, Old School Square Historic Arts District, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Chapter 3, Section 2.4.5(F)(5) of the Land Development Regulations and Comprehensive Plan, subject to the following conditions: 1. That the Board reduce the number of required parking spaces from 7 to 6. 2. That the details of any proposed signage are be submitted. 3. That a paver brick sidewalk and spun concrete lighting are provided on NE 1st Avenue and the details are noted on the plans. 4. That, where feasible, all overhead utility lines (including the alley) are placed under ground. 5. That the City Commission accept a 2' (two foot) dedication from the alley and a 5' (five foot) dedication from NE 1st Avenue from the subject property prior to site plan certification. 6. That all Site Plan Technical Items are addressed and three (3) copies of the revised plans are submitted. 7. That a bicycle rack is provided. 13/18 338 NE 1st Avenue, 2006-17C 'F HPB Meeting August 2. 2006 • 8. That notification is received from the Palm Beach County Traffic Division that the proposed development meets traffic concurrency. Landscape Plan Approve the Certificate of Appropriateness and associated Landscape Plan (2006-170-SPF) for the Waksmacki Building located at 338 NE 1st Avenue, Old School Square Historic Arts District, based on positive findings with respect to LDR Section 4.6.16, subject to the following Landscape Technical Items: 1. That a landscaped barrier 5' in width is provided between the off-street parking area or other vehicular use area and abutting properties. This space has not been provided on both sides of the parking row adjacent to the alley or the circular driveway in front but is subject to a waiver request. Design Elements Approve the Certificate of Appropriateness and associated design elements (2006-170-SPF) for the Waksmacki Building located at 338 NE 1st Avenue, Old School Square Historic Arts District, based on positive findings with respect to LDR Section 4.6.18, subject to the following conditions: 1. That the roof pitch on the third floor is reduced, the overall roof height is lowered and roof lights are installed. 2. That the covered balcony area on the west elevation is removed to provide a step back to the third floor from the west elevation. Report prepared by: Warren Adams Attachments:Appendix A, Appendix B, Survey, Site Plan, Architectural Elevations, Landscape Plan 14/18 338 NE 1st Avenue, 2006-170-SPF Appendix A, Page 1 APPENDIX A CONCURRENCY FINDINGS Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the 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: With respect to water and sewer service, the following is noted: ➢ Water service will be available to the site via lateral connection to a proposed main along the interior of the property from an existing main along NE 1st Avenue when all outstanding items attached as conditions of approval are addressed. ➢ Sewer service exists to the site via an 8" sewer main located within the alley. ➢ The location of existing fire hydrants are noted on the engineering plans. 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 these levels of service standards. Streets and Traffic: The applicant submitted a traffic statement that indicates that the mixed use development will generate a net of 43 average total daily (AM and PM) trips onto the surrounding streets. Notification has not yet been received from the Palm Beach County Traffic Division that the proposed development meets traffic concurrency. A condition of approval is that this notification is received. The subject property is located within the Coastal Exception Areas of Palm Beach County and therefore meets the Traffic Performance Standards of Palm Beach County with respect to the residential units. The subject property is also located within the City's TCEA (Traffic Concurrency Exception Area), which encompasses the CBD, CBD-RC, and OSSHAD zoning districts, as well as the West Atlantic Avenue corridor. The TCEA was established in December, 1995 to aid in the revitalization of downtown, with a purpose of reducing the adverse impacts of transportation concurrency requirements on urban infill development and redevelopment. These revitalization efforts are achieved by exempting development within the TCEA from the requirements of traffic concurrency. A positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards" A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit; the fee will be $500.00, as only one dwelling unit is proposed. 338 NE 1st Avenue,2006-170-SPF Appendix A, Page 2 Solid Waste: Trash generated each year by the single family residence and the 2,350 square feet of commercial space is 8.10 tons. Per the Solid Waste Authority, the trash generated by this proposal can be accommodated by existing facilities. Therefore, a positive finding with respect to this level of service standard can be made. Drainage: Preliminary drainage plans were submitted which indicate that drainage will be accommodated provided that all outstanding items attached as conditions of approval are addressed. School Concurrency: The School District of Palm Beach County has approved the Concurrency Application. Therefore, a positive finding with respect to this level of service standard can be made. 16/18 • 338 NE 1st Avenue,2006-170-SPF Appendix B, Page 1 APPENDIX 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 Does not meet intent Will be met once a bicycle rack is provided in the plans. 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 Meets intent of standard X 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 Meets intent of standard X 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 338 NE 1st Avenue, 2006-170-SPF Appendix B, Page 2 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 shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X 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. 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BOCA RA TON, FLORIDA 33432 PARTY CHIEF: LUC NAn mum raMr 70 d. r 4opi' Profess/ono/S yvr&hopper No. 4879 ' 8 NETst AVENUE,,DELRAYBEACH,FLORIDA JJ444 SURVEY DATE; 2/2g nor^�w:YN07LD, "T'""w"ararorIULar.Voiv.rpeulmv/4enfp EB-6510 (56!) 417-0700 LB-6439 I MO 6*BY YN4 NOS Ra'wft Al Luw NY tW M. '.•.': /O6 &MD MX erA Rau cmr�sesrsor Nor< ,ACID NO.:08-01-068 I SHEFT No.. 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II����1�•CG Irsorxnu IRIS rnry A STRUCTURE ealAsepC Purnirr NON-REsr�wnAL ust(s) 1'I SI..NOT su NM WAN SOX a TEE CROSS nOO AREA a WE STRUCTURE MDa I cm COI NET IRE MO TDrAI aD_s•._Y.,__._........._.___._.__ Aw r Mr, YAl AILORD K9MxD4 Y An19(f0I a Imul •,„,„, IOTA;EMMA:3 PROMMD .._....._____ 1.M7 (A) CON".eA.T tWPwn 1'4pua1 rp sr Nrt / SITE PLAN n s�PLAN NOTEs /'- - Q„( ra-IA-ALL SITE PLAN 1\'S ii.'Ty ' SCALE•IT•1.o RAnvng n:-,t. 7 n.r n:Ie__ VW lwe rAaT>va.Aue mnn.uR A+ i AAA,^n:icnnnms'w RrtriM dun,C'nn0:1rA A w rmwMAV RT, ,,.n ry Rr�c11'o 11r+eAT.�`'or 1'L.v. 'h9Y...E- n rn Rt r".v m u PAP.ne pm. In-licl r.AR'VY.�ArNAo- Y jJf 6S�;dIgL. 140.1 vmooRo Na.or S;.r• w An3a'4=--- p>ro le.lm el...I ee�Pi.P..n<. u M wa t k 11, • ,e.m.ec1`` nA,�u.•ti veal n.I, j �I�Ah1y L9�t 1"'11tI P I A Non br P 1.. 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HIB (4 LANDSCAPEARCHITECTURE —� LAND PLANNING ENVIRONMENTAL DESIGN O —--1 M I --"'r 17 , I ao eo00-0000 0000 creol oo Aooeovocrol oe:®MiNmes Wcro-vo• •'eJ '•-/ �' h Y ►\\`\ `�\\\� y. 'tea «.'". «"" • f ; 'S��rr��r,QaAP 1 IA r I (DFLR))77�Y Bf%.CW ROn A J].R] U I I Marty MI RP vli0), \ I F E`st)V9]-0l6) r. y I / F0 EO &� ,!I{IQ ' \ � I 6, vnoD`62 i i / , , -- 2 D m I co,k ;; _ `• ...i 6 � I ® T � F WAKSMACKI I wy. �..._.m Nn 41 A I �r ;` I ,I I m m h`'� ,z6r H a BUILDING y [l 1 — 3 i• 51r. t6 , .'?, m o IN A,N.n �-I E. 5SI kp,T'W& l£ At IIIIIIIIsp".I , vi�r�, r �a lD >,I t I x FIU i •.4'2' --L 3 I\4 b / •O .1•..., _________...3' itp 416,„ / — I z VL i 1—J a I -- E --�I �. oo � o&o - - ooTA-e ` • 4 0. I e 'udi.ae00000 oiooco►cxoio oO ao0700o0.0..0000AOA000A. . :• c 334 N.E.tsl Ave nuo .07.•O.O.a•., L _ _ Delray peach,FL i t _ wg 'D3/17/06 5 =I� ® 311A6 _13 1 3 0 GB1 2 F�31R '0 - O - AEA22 4J1W9 G pro Stancommenh D C io 5 5 LANDSCAPE DATA PLANT LIST eF i IN,EROR LANDSCAPE DATA KEY SOlentilc Nome Common Name OTY HT SP REMARKS .y TOTAL SITE AREA(R.p.r dl.Pion) 6,205 Sr F f Wody,tia bllurcata Footoil Palm 3 12'-16' TOTAL PAVED AREA(n. I.pion) 1,6222 Sr OP Strelitoia reginoe Bird of Paradise 25 30" 24" Pu TOTAL INTERIOR 100001ty[rl ]Sr CHY Chr iobolanus Ica.O'Redli' Redti Coco plum 121 24- 18" d u REWIRED y p n p Thorn TOTAL INTERIOR LANDSCAPE AREA PROMOEo 2033 Sr CT Evpn OrblO milli'American Beauty' Crown 01 Thom 62 B• B' TOTAL 1016010R 1TREES0669 RF.OUIRCD 2 TREES CIF Ficus microcarpo'Green Island' Green Island Ficus 62 I' 1e TOTAL INTERIOR TREES FRONDED 1 TREES HIS Hibiscus sp. Seminole Pink' Hibiscus Slondard 4 6I 4' PERIMETER LANDSCAPE 0A1A JAS Tr ochelsapormum joemInoldes Confederate Jasmine 2 36" 46LF PAKUCNI AREA ADJACENT MAC Magnolia virginiana Or anoiia 2 12' 6' ADJACENT TO ROw/OTHER PROPERTY 0J Murro paniculola Or ge Jasmine10 24" 10' TOTAL PERIMETER LANDSCAPE AREA REOINREO 230 Sr PED Ptychasperrno slogans ericeus Double Alexander Patn, s 16' .o•• air o�� VF TOTAL PERIMETER LANDSCAPE AREA PRDN1Co . r ROB Phoenix robellenli Robellenii Palm 2 6' 4 Triple Trunk I EC/l0 or REWIRED SB GIOn Oearpue nreclus'6 Silver Buttonwood 2 12' 6' h TOTAL TREES REQUIRED 3 TAUS 60 V 6 S[he(IIcrO Orboricola'Vlnette' Trine lle 6S 24' 18• DT wv DT b i01At.TREES FRONDED 5 TREES OF Micraserium scolopendrlum Wort Fern 112 8- e- •slut o.rz y M.N.30%0r REWIRED PERVE71R h NTERIM LANDSCAPEAREA TO OE PLANTED IN SNTILIES ANO 000 20mi0 IIOrldono Coon lie 6 18' 20• •^J0'•1R 02116NG Rq REWIRED PERIMETER L INTERIOR LANDSCAPE AREEA OUNOCOVERS 393 sr Y PLANTED ARCH RECAPRED 1 S Sr PLANTED AREA FRONDED 2.1EO Sr Landscape NATIVE PLANT DATA 50 s Or ALL REQUIRED TREES TO RC NATIVE Plan 25%OF ALL OlNER PLANT MATERIAL TO SE NATIVE y. TOTAL RLOviRCD TR[CS 4 TREES F ;OLAL NATIVE TREES RCOJIREO 2 TREES OLAL NATIVE THCCS PRONOEp 2 TREES Y TOTAL eooul0ED SHRUD AND ORWND COVER AREA ,IS SF • N NATIVE AREA REWIRED ]0 SF •,52 Ro�+»N k' NATIVE.AREA PROVIDED 330 Sr 2-10-0GLe1 SW • L-1 Wears Turns? of 2 LA Mt gPLANTING NOTES: ,re n plal;n°I.,l n°r<pnlam Ip Uw. w°r I rlwwe xp.I nr p. `:� H Yn B.X Henn .o.on '.TO.n.Pwt L(.Draw aw«Uii^a P i:...:: fl,l.of lwea orpatm.nt o:ykwlw TO.... w • AN rod N °ey N.• and p..t.w JERRY TURNER e NOT R.,..AROUND / !r M d.<p.or.o.�1<o ,.d:In <.a Tra nd<n .roX>. & ASSOCIATES BASE Or I. '0 B[TRMx.}0" I r/(NC(�Jai(.. - \77 eodd.d wln St 0ercnr Tnpla�n'un rrr oln.rn..nalM of FLORIDA,INC. q w A CRC.. BE 'pu[0 1y( NN�` NONE: .4°na.<ap.orw.anal e.mu N.d X CO c"�Oiw4 rE MONOS DU NO PdANSP.TINC 1°preAna n minimum of 3'CI .A y SET TREE PLBMO. E [ I. D PROTECT CROWING 0o Eu<olpwX mw<n. LANDSCAPE ARCHITECTURE NOT TO:u ENOS,LEAK FRONDS TIED LAND PLANNING ,. I /�i-- RUNE CAC.TO SHAPE - ON TA04S h+ASIINGiON OAI.uT. Nmvo Iln I.•..omud.Iw proud uINII..p.�w 1° LL/{�` '�jn V (AS DALCI[D 9v LA) 00 NOT FIE ROYAL PALMS. .uIn ion°p'°n p olrld.to o•dd.v,z°;. ENVIRONMENTAL DESIGN 0 f\3 — plvu0 3 SET P40S'RUC i0 GRACE. Nr1oX t• p 9 kol.d Na d.<C.:I puind to 3�)\:y (5)3"Y<'%I a'BATTENS AI Mer or.p.mnn IN mR::'2,a.aukm<nl,1Nw ona - 2-PLY REINFORCED Ra OYAR OR PLASTIC NOSE. Ip be rlolyd and/w Cu Nd°.ndkelcd on N.plmtw,0 Jeni�a a .3/ 0 n EO ABOVE FIRST BRANCH. —. SI LAYERS 0 BURLAP S.C.eln...LC ]%A•BIACK xYICN S:PM Wont mole.. II. .1 a m�.tw.el^/.<pwo..d no3aa REACH A.13<03 MSC 3 WR/cRR'PAttO AT in C(LRC[S Ho. AR)W MPM STEEL LAIR.RANDS .0l/3 opry,+d oro.rroma I/3 d^m a, ie I mi.w.add 5 ownd. (( )) ----—}n(qY g1.LE rULs TO EACH GUY l:N[ 1 xU'BPI1Exi of plant ala ttl.N p.r tusk yaa wou2Ny ml.a0 pal.p.�or 1e WRcl+p RN ii to ulndn.LO' g L. ---- ry ((.)}• CSSUR[rRCATED wOW BRACES Y t L I (S/:0.(E} Ell 1[SAL 2ii IINAtt:i0 OAl2N3. '� LC00010/ I- I\ i P NR NUNS. Tn.Contr..h`NW,toy wt N.Iocol!on.of N.Want o.d.and cont.Ne .r.o<ci a (0*0 4.5.._L_.-.) londYNo.A.<I<a m.ocw°.a beam 0 nameh,n el tn.Wont N.3"LAVER ELCALIPIUS MULCH.!ENTIRE MO. -- REMOVE oURLM AT TOP t/3 OF PUNT BALL n,olakl. 1N.LonaNcop. T.M eo may adjust 1n X •w I --- ---I (K 01AIM AT i1%t/ Cl RANI BAIL \ ('F CONTAINERIZED Remo.ENTIRE CONTAINER) ponllna, .1ocoHw II .plants.lore C (d'Cql iuH[NZCS RCMOK CN:uIE CCNTAw[R) q N. LATER EUC4TPNS MULCH:N ENTIRE DED. A(a.anRB..m In.plan.w.•.n On01 n.n'.IdNonE Nod O....:r..d by In. WAKSMACKI d•RUPG11ARy w n.0.BASIN Ilk d TEMPORARY WAIERNG RASH ANFar'BxIln.lc.nt Won. pw d I �,�I''�-+ 2 T^ .MSHLD GRADE �� / �-. FINISHED GRADE L spa NU ed.I 1 ' BUILDING 71C '1 \ I • TIITITER TABLETS(SEC SPECS ru OM) <:. jA� ERmtZCR TABLETS a q. 3 i-{j1.3/ -Y.•Y}.•PRESSURE iRC.iCO SiANCS. I wer T-' Z Y.•Y21"PRESSURE TREATED STANES ,� ]•B �'. ANON.J•MIN.BELOW[ACHE. i d I malyd Io INma e a p } R., .11t --0ACKFM1L 005r00C RCw CA4C I . �� ...ILL wK N. N yard a.loppo.ednd oNo wey Ina Lon o:°p.f tr.odincent le Ar aul on.<u H.R. ln �'31- J1.ID�II r IN2:r ! CNPACRD BACKELL MY curb...10 co..l.nnon 2F0 et 3 -.II0TO" \ 000000RD nAENnu uRY ry1_Y w0000TIn...ADC •a.l raIns pw wn•acn`.e 3 CCMPACRO...AOC y Ndl e.to R.0.M..a.N,.od and Ir, ell In.and la ln. uol road.a TREE PLANTING DETAIL PALM PLANTING DETAIL AR Ir °p.w<Pao p.C..paled to pond.a..nun...nun..l I3Gx comas. 0r oNo Scale No Scale e 1 334 N.E.1st Avenue g Delray Beach,FL i S BASE Cr REE TO OEA10 APO., 32p00 d SCE TREE n.UW,TRUE TO CA.:IE. 2 'D ---PR.wE.0.TO:Fort -}- O __}NPLT PGnFIXKLJRUBBER CR PLASTIC ROSE. yy2 Th Ir .3/.•CM...PRO ABDK[.TEST BRANCH. • -- f-i FIB GAR.TvwR(. 10""R `• L-1/�. ( �1 �Y s arcs[ aunE(3�E[) ( -I- V 1\ y / _ All LINEAR SHRUBS AND HEDGE ROWS M N.Y USER EUC4TPIUS MULCH..ENTIRE BED. SHALL RC PUNTED PARALLEL TO { ��tt EWK BURLM AT 1 0.a C!PUNT a4L -I- J C41 t1T,1`S HAARSCAPC 7 1 r -- Qr CONrANIRIIlU R(u0K CnrAC CM4mCR) - rSNOWN.IR OR CORE LI s00 LILAC AS d aMPORARv O..BC AucNMExu wAI(mN0 BAS:x SH LL BC REJECTED. l' 'S �ll4��cn- ITI'lUOOIADE �' �j� .y;[._,F. CRIUI[A iABLLIi '' ,�,L' J1 C. —BA«FELL OYmRE PLANTING SPACE DETAIL . '—' COMPACTED DACKIaL,,x i L. ter; }-Y.Yr 0RET0RE RCA,.STAKE/ No Scale /TREES CWPACTED SL.ALc I �L p� s DT 0T MULTITRUNK PLANTING DETAIL ALC INo Scale NTS ovLsoe '7 0.C.SPACING AS R PLAN. Landscape 3 MIN.3"LATER EUCALYPTUS MULCH IN ENTIRE BED. i .•11UP011ARY wARRINO BASIN FIN SHED EUCALYPTUS MULCH IN ENTIRE BED. Details g {�-I�rM� Ir,ED GRAM ^ �I-'R( — 'SH[ .ACC (r • ,=L•}=--((RI:LIIIR TABLETS l �t J Lr-I l'-YY"�P STAGGERED uAn SMALL BC LAID IN A MR 500 .E ID—LI- r F_ -_ l 6CMCK Win CMiANEA BEFORE RANTING STRIPS i (rtr COOK BURUP AT TOP I/3 OF IRANI BALL A SqL-Ono SPECS) i CHRo AGAINST CNN Or.E[0 J. I (Ir CONTAINERIZED RLuOLE ENTIRE CONTAINER) ANOTHER.MAST MEASURING _ -1[ DA(:rliL PLANTING pl�Ntt a BEYOND 1,Ic Haoe N )_I ' V., BAWILL MI%TU'RE tLi�:nf-tirLnTititI=T'LAS.'rl— EDGE or ROOT MASS WIN PRVARED CALMER'RAN 1/2".A0.Co . IHI _ _ - =g °A.m.IMMUNE REACTED. 2-t0-0eL.i 53BFo l-3L�If-I r_ H -1�I' II�I.r�J"III" "HRH°SUBSOIL SHRUB PLANTING DETAIL GROUNDCOVER / ANNUALS.PLANTING DETAIL SOD PLANTING DETAIL o- :E;G L-2 1 No Scale No Scale No Scale o.1I T(w of 2 f2 fn EEJ ' h �r ,' { P 1, c 3-. I` _..-_ l __-.____-_...-....-_ _ �_ ` WONT(Ilia rRAUL 1e.�- _it-__ .t^^hY� r oo,.0 a r h��♦1iO:a .f°a Ar Icy,\ i 1,N '-+ l.H.P.r w r .r, 1• - r 'E oo•.� noo, 1 P'." •••• 1 ( A 1 0 __� ' ' ,'lob.>,rrz,:cµ r� 9 ti` i?=r fiMJ• OO9n bee <,�• e�'e / __ wi`YrI y { s „e nn 1 i!i0i i'•`♦i i 1 1 yk. sFEp ^o a sp \ono I ❑. ' :i11:::* -,, \ - .,_ .-.. ...- .. ....._._ __ L �r .,.,. .9 "1 ^ 6 2 wAILRPOIT 4, •.qMf `� ( L Anu_rtBsffR.. '05..' • _I, '� s :rt; y S.,:‘, ., \\K-------''fr--- / SSIN-555LA[a rN. M,P,itiO } -� � �6 ;:.I SP kkp hh h rr 5 �.,1. _ _-0 .._.1.=-1. Tr-_ 4---_-4 x.° ni xSTO CIT°µa20 So-crs.. _ ) _-.0 ...... ..._ _ RAIN BASIN N.rS. ...-S h � f t( . n C e __ n CONE. \"c-- Imo. of Kp 18" D i J s .\.5. / ---._-__.-. I .j .:. ... '-�% � I S]ENOLR.Q ` w rs� PEDESTAIAq r. J. : ,,,, [ .1 s0 w. i I x, ':i 1 ':'57 x f. i "„µvitta.°L;.1• •"wa .."ous ""°' "" m.°o"I: .uL"..„,„ 5APP.1,law 5500oLDS DRAINAGE,CALCULATIONS _ NriOPLAST le,x 'rA°rrr::: j, A70,ir°wun �"" °'�1' REQUIRED RETENTION :8 t'31 uSOs" As 26 En w I- e a n Tun,aW _5 YQLUkE_ :S IR VnRAr RE"IRK 5ENT•1 x•6,3 0TOR%.x.r LOCA7IOlV MAP n Play,IIT Palle ppA p x[wrv[AOw -_.__.__ ARfEL RE, SO x Ixr•E 6 REQUIRED ET."P 015 ACRES :.Rn7ds cows:�im '•a,x5 mu.RILL R AND <BATS 16 vso- Tr¢acroaC STORAGE vauuc Rroumm-o.ls.s x.D R AC-w N.7{S. "`8 wo 18" DROP IN GRATE COVER REIENTION KXUUE PROHDEo. Y 4/El.IN.Rtlu wxP%ma .w AT n.a pal 18 STANDARD GRATE COVER 0.19 AC-INCHES IN EXELTRADON'TRENCH. " v.w,:u6na AP6 rwwwm IaX.c pEwY.Xwuo,[I,Pn w9.,[ PPR wnlp[6 rPAx[.P.rt/Cm6x 6(:I��,,,' ,.. (Srf CxrIl1RAT10N TRENCH CALCULATIONS-SHEET 2) \ 10 0 �q PROPOSED Ror D E LF GENE. p .. 8, 1 C.0 -W��qL.I��03� ETER N n.`,1 IC --..-. PROPERTY LINE ri rj '* �ls IRRD nON EIER • 1 Y �Tt1 l �h �r� OENOIES AREA Of LA scow.ocwnrrw ;;E\ k4. �•,1'... .. a rAKUC I REMOVAL LON Nip PLAN PACE DETAIL PACE f_..J - PROPOSfD 6 3 x.X •% 1 y] ,(/ y RSENNCECINSIALLATON iER LUu i5C CE;;I -�.t0 \ _ tl '' I I..I '. i- 1 l � 4.1/T 16.5 PROPOSED ELEVATION r N F" h } XL PE cI ^^- DIRECTION Or row 0 N 1 "y6.1 NOPf ..5 s x - e ooz °y ''...';.:1 I:It, +A 7 EXISnuc ELEVATION f'• �\� j�ye1. 1 I IOgO I.a �.• 'l+f,A'�"I \ ♦ PROPOSED fIRC HYDRANT Z' i.. BlIoc r .\-\l\ +ti: oa `:� ° i. E 7 PROPOSED WATER%KEEPS a CJ' d {, 1gPE 0 x \\ 6•DEEP u ( wA1TR u[iER WM RPS Vl Z A ' i'� ooz FF EL.. sonnfp T eArxrLow PRCKNTOR F�1 0-J I =23.25 s P - � swan ® p Ex snNc%ANNar EZ,x Q CTQ O I.QP r•i 10J 7. ' 1--l�-lf.a - ' ---- 'I `t ,1,�'v• °,. '..�I •a 'tea DEDICATION / \,, ueu, Co. NITARY SEWER tteANOUT W r-I '7..Ex, I.1 I � l �-. -59 FF EL 0--� :/ s.aE sAv r•Rr SEANCE rnn. >W7 - A_.. � L` f� ' auuar CG W Q x C? '; l' i 1,�'''; }2 VVVVVV { Dfeores AREA or PrIS"'r y U I 1. P KR fl 'T�T. ➢R 0.X f E 1- REMOVAL ANO ADO i10v5 F.Q "f I•'I.Ti f� NA KWAY 1.) ND r i. \\1\\\v.� \ D° - = DENOTES ARCA K PROPOSED eRC• �+ f ";'� -- PAVERS-SEE SHEET x rox DETAILS Q r - - - --€S- 11\\1►\\\1\\ ■1 _ hA per.•.-.6 _. � , '-, I-"'"1 pfumEs ARu or ra0rosru J, z�. I' Pi EE l I A'SZLr'a fn E p`1 ee•• 4 no 0% HOPE NRD I x) B DPC.- ._..... ... 'HRLr tl o.at'-rrrLOo j-. r a PROPOSED la-TI LOPLAST BASIN `x f v......•..... 1' " e 0nz ...,',rn„. _i.L6i I h. N • VAN R C N OP STD RATE > C)W sr AIX '. I �D WM2 3 HOPE HIGH-DENv,r POLnnrnENC PPE Ur A �- 6 C u DENOTES e•PER-HOPE PIPE IN '- I� I I I �" vox i DEEP ROCN PTRCNCH f- pp r E. 1^� 1. I I. I .... I IA (COTT.(L.. aD) .R i t , j „ O. 0 _.L_� NIEVAnOu J ._ I f',[NS �. Y ( 1 I' 7 -580- nor CIa VA1eN N I I CL.2,Sx' . .. I .. x am u kS I I NOTE: ALL WATER METER < i I NWER r, ._-..._.__.......__....._......... .- SIZES TO DE DETERMINED "z '; I I i'I I "'-- 1 +' i _ DV CITY OF DELRAY ❑F.ACII E oI. y .___._... ) II UTILITY DEPARTMENT S Il �I .... -' . .,.. . . K e .I ,L.`' y r c` NOTE: CONTRACTOR TO FIELD • ;i y§ .._ � '. _; h .•,'s • VERIFY EXACT LOCATION, SIZE, AND ".z K"' Aucr ./,' r l„ L © _. - DEPTH OF ALL EXISTING UTILITIES I C Dfmcenw ^- ,.. AT TIME OF CONSTRUCTION ANDN �� NOTE: SIDE YARD I REPORT ANY DISCREPANCIES TO II" SWALES COLLECT ROOF ., ` ENVIRODESIGN ASSOCIATES, INC. n� I___.__EnsT.IS ALLEY- -I•�x RUNOFF AND DIRECT g ,: lo'Ensi. 'A TO INLETS a"/W 1 J a -vAKu[uT-- DEDICATION S.0'CAKR „ 3g STANDARD RD ,. �A NEW e1 -20'-- SICCwALx �.., W FI I^ �--x.5- VOI. '^ }-.29' -'-I'A EVEN I- • C.,6 HOURS REroxt YOU DIG. �__ t65.- 6- ExISE 1 n SLp„ - I`x' qI II I I DRAWN: VA�Ir� Tx/ ,� PF EL Ix SI f%I51.CL CxISi.CI Z>_l a IT'S TIME LAW J B.A.D. 1� �_ _ .-� E%ISi.EL 2a.x3 EXIST EL z a �S 2xt.5 "ixITS� �mr�L...N\,xr .L7'�.,rp 1-6DD-432-4%7D CHECKED: •.xll �� - // �`-�ELL VAR ES / r=, _ SUNtrI,.0 STATE M.0 CAIt Or fLOR OA.INC. NprE,UNPAVED PORTION 11 I_2l.J j� '�I • PAKR PRICK DRIVEWAY- J.A.P.- 00 ALLEY la VC PAVED 1 0 u", SCE DCTAII SHEEI x ffMt SCALE: I" = 10' DATE Imo.' ' Or AL EXIST. C PAVEIS G-'- EXIST.T'C.C. RONOf 6'SODOrO I�I MATERIAL.SPECIrICARVws D4/0_/04 A 1HICKNE5513. WAIN 0 BC REUDNED SWALE IN R/W -[TI--�� -" •---- Y PLACED M NEW JOD N0. Q Ns SIDE: YARD SF.C11ON s'PAVER La TN 6, DRIVEWAY SECTION - vD w I' lV��.NnNIS 041110-ENO o rs,wn r:P.C r.w,m6an CCT1..nc SHEET NO. norr+A""x"n.nwnwao,.ncn„¢.". `i or 4 ...,A.00.I\JJOA,,0,019-ro'Ir2\Wn..00lk,\0.I9-f11C.r:.t'.6.31/TISl0 1.I..nc PM,r*,,w,y1 CS0X,/',09r IUD ' 1' I • T r;\ nit - .b .:�/ ..°„ / A ION,A zn [rrt�( bL - n K,',,_I- I-_1�[�w,..rzr I i 3 a aLL b �.` � Au s u --L11,g-._./_ .n'' .»x„r,wa �U . - w°w.rc^aU/J�.�U .e°u4wi 5'"` c is u>r g [ /`/ �� �s[vc r iw H ETE sJ:o�ibr.xµ*� �y�. •( tx Y 5Y _-- lro,.,,.,.. _-..---.ltaAC 4 � 'a uin[Fy_ w -Y -t- nTr »R RI AN __1 1 - I I J_,_.____ •Ao • ' ° ":R L. !1.•- v L1-'� - ri`r. ; .r .,,r.a -^ e.n<o.t x, a ----- eY iYr�-r r r M -L /:.nw.urr u , t e, K•' s E a • =sL'L.0 wr.a rYPE- - uws 'u TYPE• -B•- �•, liAcE � •zt n` .4i[tn .0. , -- .- xwocw 'i.'(R.i Au✓u'[A w - 9i SDEw['.Ks.IMN15 -_1 weu.c[ �43 p�Y•ar+! i y�tl - c wK.u,cwe A..✓ - n.a.PAL nA AD rtC0.1.1 nuns•w[xzcroxc �111: Y0 ' crf�ll�s(ti zR .J ----n •_-e_ar.wlxwn._ .___`"xa rn___ - IndLf.N(N'- JI EYrif W,u -.._..__- znar tro[b• om[n e''''W'''' __-_- 0.,i,i T. TABLE OF SIDEWALK JOINTS w s�Aiisu,•uw. 1 � �` ,�1. "K:nu+ tiu -_-_ SO�rFoluSiaR rnaf r.r:r :F' ,..r[ L.JL•j-;:-I e}� 1lI _.. •aMii"a'A co,,RETE H77= . CI I� -r iAOIE fF-SIUEwA K __ 0rt wu oe W u NP 0A jy w i.uz nuu o u,.a uw[m nu s.Wnxrc r X Y :. vnnn.S-•W' x r Y� �\Qe• 1� _ r. A.K,,,A n rx.'o+s�nY.`nxi"wa n xwt.'w x.'wmf cx ua O TYPICAL PARKING SPACES DETAIL RT 4.2 r_.t SIDEWALK CONSTRUCTION RT 5.1- CURB AND GUTTER SECTIONS RT 6.1 SWALE REPLACEMENT DETAIL GU 4.1 k. .i,`i''ii m a- n Gxtx.wf ,,,[ - _ WI- ^L.1-i''i.•a''''I-1 p hi 4.itv::.4-;::-...j/I''''''..a.:igiefg f-,..7.__ • Fillig -'/r �• k:C �l�E:7it"7 L ln7 n Fa' PINJ SECTION _ E.d n,A.....3 'N - iiC� 1Itf ijc' ..;Ji nn M 1u,n 1 r I• -f".. 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SILT FENCE INSTALLATION DETAIL D 9.1a SILT FENCE INSTALLATION DETAIL D 9.1b Sheol 1 al 2 Shoal 2 of 2 SCALE: I" = 10' DATE: _ 1 04/02/04 M 100 NO. 04019-ENG O.Mor.. :n now ru°'r.=.7..°.. SIIEET N0. m•+.s..a..w C...stu+..roo.n.+c , \ 4OF 4 , r,.\Ca wACS\:aJ•\0•Cr1-r'AC\Mn..CC.L\0.a,a-ln..r,.n/;,i:r_SA.l1,a.]° ru....t r r.,:r.AT...41/J r x HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Applicant/ Authorized Agent: Peter Dwyer Property Owner: Joseph Romano Property Address: 118 Dixie Boulevard, Del-Ida Park Historic District HPB Meeting Date: August 6, 2008 File No: 2008-173 ITEM BEFORE THE BOARD The item before the Board is consideration of a Certificate of Appropriateness for exterior alterations on a contributing structure located at 118 Dixie Boulevard, Del-Ida Park Historic District, pursuant to LDR Section 2.4.6(H). BACKGROUND/PROJECT DESCRIPTION The subject property consists of Dixie Del Ida Plat, Lot 2 and is located within an R-1-AA (Single-Family Residential) zoning district. Located within the Del-Ida Park Historic District, the existing one-story structure built in 1930 contributes to the district's historic building stock. The demolition of a detached circa 1948 garage was approved by the HPB at its June 2, 2004 meeting. At its meeting of October 6, 2004, the HPB recommended approval to the City Commission for an application to subdivide the non-conforming Lots 2-5, Block 5, Del-Ida Park into three (3) conforming lots while still retaining the extant historic dwelling. The City Commission approved the subdivision at its meeting of November 2, 2004. Regarding the retention of the subject structure, the Staff Report for the "Dixie Del-Ida Plat" noted the following: "The Mediterranean-Revival dwelling reflects the traditional historic architecture found in the Del-Ida Park Historic District. However the associated garage does not reflect the true architectural materials or design of the Mediterranean-Revival style of architecture. Therefore, granting the demolition of the non-contributing garage, the variance, and the waivers would encourage the rehabilitation of the existing one-story, contributing dwelling and would support the retention of the building in situ as well as retain its original orientation as affiliated with the neighborhood. Granting the variance and waivers would not be contrary to the public interest, safety, or welfare by negatively impacting the surrounding properties. Special conditions and circumstances exist because of the historic setting..." The applicant is now requesting approval for as-built alterations to the subject contributing structure consisting of removal of original wood windows and doors painted dark green, and installation of PGT brand white aluminum, single-hung, impact-rated windows and doors, all containing dimensional muntins except the two smaller arched windows to the left of the chimney on the side elevation, which contain flat muntins. Three window openings located within the carport have been removed. For the most part, the original opening sizes have been maintained, with the exception of the rear elevation, where two separate window openings were expanded to accommodate a single French door in each. The remaining wood door to the side of the front entry is proposed to be replaced with a wood door of the same 15-light configuration. The hurricane protection for this door is unknown. x "13 Dixie 3cui vard. 2068-173-COA HPB Meeting of August 6, 2003 Page 2 of 5 As previously noted, the application request is for as-built alterations. On December 13, 2007 a stop work order was issued by Code Enforcement as the permit for new windows and doors which was submitted on December 4, 2007 was not approved. The case was closed on December 17, 2007 as the work had stopped, yet it was reopened on February 13, 2008 and scheduled for a Code Board Hearing on March 11, 2008. However, prior to the meeting, a thirty day extension was granted. On May 27, 2008 the case was rescheduled for a Code Enforcement Board hearing due to non-compliance with the extension of time. The property owner was found guilty of the violation and was given thirty days to comply or receive a $50/day fine. Subsequently, the subject COA was submitted on May 29, 2008, and Staff notified Code Enforcement of the submittal. The Code Enforcement Board meeting of June 27, 2008 resulted in a reinspection of the case and, as there had been no changes, the case was rescheduled for August 12, 2008 as a non-compliant case. While not part of the permit application, interior demolition and alterations have also begun. The Board reviewed the subject application at its July 16, 2008 meeting and tabled the application until the following were provided and/or addressed: A Clarification of the original configuration of the entry on the front elevation and the arched windows on the side elevation; o Revise the flat muntins on the side elevation to dimensional; O Replace the wood trim that originally existed with the same details including width and profile; A Provide photographic documentation of the original windows and doors; o A statement of attendance to the next meeting where the subject application will be scheduled; e Clarification between the existing windows and doors and the provided specifications, as there are differences between the two. The above noted information has been submitted (see attached) and the applicant has confirmed in writing that he will be in attendance at the subject Board meeting. ANALYSIS Pursuant to LDR Section 2.4.6(H)(5), Prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. LDR Sections 4.5.1(E)(4), 4.5.1(E)(5), and 4.5.1(E)(8) provide guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features as follows: (E)(4) Alterations. In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documented, original design of the building may be considered, among other factors. (E)(5) Standards and Guidelines. A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. Those applicable Standards and Guidelines are noted below: The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (Standard#2) i 18 Dixie 3ouievare. 2008--1; -COA HPB .i:eting of August 6, 2008 Page 3 of 5 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) Window Guidelines o Window placement, design, and materials serve to articulate and give definition to the design- specific styles and periods of time. o When windows cannot be repaired, any replacement design should take into consideration the features of the original. o When new windows are required, their replacement with the original material is always most desirable. o Changing the historic appearance through inappropriate design materials is not recommended. (E)(8) Visual Compatibility Standards. All improvements to contributing buildings, structures and appurtenances thereto within a designated historic district shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this and other criteria set forth elsewhere in Section 4.5.1. The following criteria apply: (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. (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. LDR Section 4.5.1(F)(6) states that the Board may, with the consent of the property owner, request that the owner, at the owner's expense, salvage and preserve specified classes of building materials, architectural details and ornaments, fixtures, and the like for reuse in the restoration of the other historic properties. At the Board's option, and with the property owner's consent, the Board or the Delray Beach Historical Society may salvage and preserve building materials, architectural details, and ornaments, textures, and the like at their expense, respectively. STAFF COMMENT: While the character of the structure has been altered with the removal of the original wood windows, doors, framing and screens, the proposed replacement for each opening is to be considered based on its appropriateness regardless of the existing as-built conditions. It appears that the changes are appropriate to the structure and therefore comply with the above noted regulations, guidelines, and standards with the exception of a few details as follows: I 18 Dixie 3ou'evard. 2008-1 3-COA HPB Meeting of August 6; 2008 Page 4 of 5 STAFF COMMENT CONTINUED: e All new muntins on both the windows and doors should be dimensional as the original muntins were likely dimensional with a distinct profile similar to that of the muntins located on the remaining wood door. Therefore, the two (2) arched windows to the left of the chimney on the side elevation should be revised to contain dimensional muntins, rather than flat, as exists. Photos of this door, and the original windows, although covered by the original screen frames, are attached. The submitted letter notes that the muntin type will be changed to dimensional. o The front entry should contain the same light configuration as what previously (originally) existed, as indicated by the submitted letter dated July 29, 2008. The aforementioned letter states,"The entry on the front elevation was originally comprised of a pair of 10 light French doors centered, with one single 10 light French door on each side." The new configuration differs from the original configuration in both door and muntin configuration. While the sizes, or widths, of the original French doors may have been smaller that what is currently proposed, the muntin configuration should match the original as this is the appropriate solution. Therefore, the door and the side lights should contain 10 lights each, rather than the 3/1 configuration as currently exists. • All of the removed wood framing should be replaced with frames of a similar profile and width as to that which previously existed, as indicated by the remaining side front entry door and in the attached photographs. m The large arched window was originally a 6/1 or 3/1, single hung window, whereas it is currently configured as a three light window, with vertical muntins. The new configuration mimic that of the original window. Therefore, revisions are recommended for the subject window. e The doors and windows within the carport have been removed in anticipation of an addition at a later date. The Board should make recommendations to the applicant as to how the property owner should proceed with these openings since the application for the addition has not been submitted. Options could consist of maintaining the original openings as there is not an assurance that an addition will be constructed, or to proceed and fill in those openings, which have the potential to be filled in forever. Therefore, positive findings can be made with respect to the LDRs, Delray Beach Historic Preservation Design Guidelines and the Secretary of the Interiors Standards for Rehabilitation upon compliance with the noted conditions of approval. Pursuant to LDR Section 4.5.1(F)(6), the Delray Beach Historical Society should have the opportunity to salvage the remaining side front entry door and any other original details, located within the interior and on the exterior. This is added as a condition of approval. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Certificate of Appropriateness (2008-173) for the property located at 118 Dixie Boulevard, Del-Ida Park Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof 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 Standards for Rehabilitation. C. Move denial of the Certificate of Appropriateness (2008-173) for the property located at 118 Dixie Boulevard, Del-Ida Park Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in the Land Development Regulations, the Delray Beach Historic '118 Dixie BouievaF c. 2008-173-COA HPB Meeung of August 6,2008 Page 5 of 5 Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (Motion to be phrased in the affirmative. See above) RECOMMENDATION Approve the Certificate of Appropriateness (2008-173) for the property located at 118 Dixie Boulevard, Del-Ida Park Historic District by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof 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 Standards for Rehabilitation, subject to the following: 1. That all window and door openings be framed with wood and contain the same profile and width as originally existed; 2. That the mullions of each paired window and each paired door, whether new or original, contain the same width and profile as originally existed; 3. That the large arched window be reconfigured to contain a 3/1 or 6/1 muntin configuration; 4. That all windows contain dimensional muntins; 5. That the French door at the front entry and its sidelights each be revised to contain 10 lights; 6. That any stucco work on the original structure match that of the original stucco pattern; 7. That, upon replacement, the remaining side front entry door contain 15-lights and dimensional muntins; 8. That the openings within the carport be maintained until commencement of construction for an HPB approved addition; and, 9. That the Delray Beach Historic Society be given the opportunity to salvage any original details to be removed both on the interior and exterior. Report Prepared by: Amy E. Alvarez Attachments: • Letter Dated July 29, 2008 and attachments • Photographs • Window Specifications D 1111111111111"11 afluIIIIIIIII 11 CONSTRUCTION & DEVELOPMENT, INC. CGC061917 July 29,2008 City of Delray Beach Historic Preservation Planner 100 NW 15`Avenue Delray Beach, Florida 33444 Attn: Amy Alvarez Re: 118 Dixie Blvd.COA for window replacement. Dear Amy: The following additional information is provided to address your questions as outlined in your email of July 23,2008. O The entry on the front elevation was originally comprised of a pair of 10 light French doors centered,with one single 10 light French door on each side. Screen doors mounted over each door obscured much of the detail.The new as-built condition includes a single French door flanked by one fixed door on each side.The muntin configuration is three over one to match the windows on the front elevation. o The arched windows on the side elevation included two 6 light arched top,(photo attached)and one arched top single hung six over one.The same muntin configuration was used in the as built windows using flat stock molding.The muntins will be reapplied using dimensional material as requested. a We will complete the wood molding around the front window.Please keep in mind that the original windows were covered by heavy wood framed screens.It is not our intention to recreate the wood screens. o Photographs of some of the original windows are attached. O I will plan on attending the HPB meeting on August 6th 2008. o The front entry elevation differs from what was submitted,the submittal included a pair of French doors with sidelights,while the as-built opening contains a single French door and fixed sidelights.The muntin configuration is three over one on the as-built vs. 10 light shown on the submittal. o The owner would like to eliminate the windows facing the carport,a photo is attached. Thank you for your consideration. Please call me should you have any questions. Sincerely Peter H. Dwyer 112 Dixie Boulevard 0 Delray Beach,FL 33444 (561) 870-6484 0 Fax (561)274-8987 0 dwverbuilds@msn.com ° www.dwverbuilders.com r f Inbox (151) New Reply Reply all Forward Delete Junk -Move-to POP Options *:). Junk Traits (1) 118 Dixie Blvd - HPB Review ent From: Alvarez, Amy (Alvarez@ci.delray-beach.fl.us) Sent: 'Ned 7/23/08 1:15 PM Deleted (38) To: dwyerbuilds@msn.com Menace i0!ewrs Add a,: -rnaii Pete, ac`.o:in, Today Mail The HPB reviewed the COA submitted for the subject property at its meeting of July 16, 2008. The application was held for the following: Contacts • Clarify the original configuration of the entry on the front elevation and the for the arched windows on the side elevation; Calendar • All muntins should be dimensional: • Replace the wood trim that originally existed with the same details such as width,profile,etc.; • Provide photographic documentation of the original windows and doors; • Provide a written statement with respect to attendance at a scheduled HPB meeting, and specify the date: • Clarify the differences between the existing windows and doors and the provided specifications. Please provide this information no later than Tuesday,July 29. 2008 in order to be included on the agenda of August 6, 2008. Otherwise,we can look at a submittal deadline for the following meeting to be held on August 20, 2008.Please note that I will be sending out a formal letter in the mail.If you have any questions,please let me know. Amy Amy E. Alvarez A, Historic Preservation Planner N City of Delray Beach 100 NW 1st Avenue, Delray Beach, Florida 33444 N 561.243.7284 2008 Microsoft j Privacy I Leazl Help Central I Account I Feedback r f:y# l� g �� -- ' ;:—.... j i I3�° i t 14 s r !' { '{F ^' it n X' A- ' rrt 11A. s A. ' IP 's.0 ' ''i ''. 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' ''''' ''''''' ".' ...":I\ ' 'kAli t''' :. '..:L,''•2-1:.-4.4 .., .... . . Fae- • J 1r �� 7 j >. V I" it �{ • i II • • 1 • �y�. / ,, `. '$ tom` rt �br \ • r , . .. _ .... ... .. _.._.- . -..._.__,._..._.....,......__......_.... _ fir• . !- ..... Nn. ,. . HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 6, 2008 AGENDA ITEM: Consideration of a Certificate of Appropriateness and Class Ill Site Plan Modification for the property located at 139 NW 5th Avenue, Hammad Shoppes, West Settlers Historic District. GENERAL DATA: t , , „ I i i i i i i i Owner/Applicant Amjad Hammad 9 Agent RJS Architects, Inc. ROAD -- - Location 139 NW 5th Avenue I.N. . .F mimi a.� Property Size 0.33 acres -- = p p _Lim g C -_ Future Land Use Map Commercial Core (CC) _— li_ I 77 si •urrent Zoning Central Business District (CBD) C _ C 11111■nI II Ilia — Adjacent Zoning North: Single Family Residential (R-1-A) w r� ,,,,„ER — KING.. DRVE East: Single Family Residential (R-1-A) � t � I Community Facility (CF) lilll � l ,,_ South: Central Business District (CBD) — MI Ell 1 Um" West: Central Business District (CBD) —_ ;=!= Y=. E sum Existing Land Use Commercial ATLANTIC AVENUE Proposed Land Use Commercial (Retail) I J um Water Service Existing Sewer Service Existing SI -- In - I I ST. _ T Sr oi1 ,- 1 II ' F- II TT14 SM. 9i0 . - 1111 1111 $#.M I • ITEM BEFORE THE BOARD The item before the Board is the approval of a Certificate of Appropriateness and Class III Site Plan Modification for the property located at 139 NW 5th Avenue, Hammad Shoppes, West Settlers Historic District, pursuant to LDR Section 2.4.5(G) The subject property is located on the southeast corner of NW 5th Avenue and Martin Luther King Jr. Boulevard (NW 2nd Street). BACKGROUND AND PROJECT DESCRIPTION The subject property consists of Lot 2, Resubdivision of Block 27, is zoned Central Business District (CBD) and is located within the West Settlers Historic District. A simple, unadorned, 3,557 square foot, concrete block rectangular building, constructed in 1951 is located on the site. The structure is currently undergoing significant renovations in accordance with a Class III Site Plan Modification approved by the Board in December 2007. The approval included a rear addition, exterior alterations, and additional height to the structure. The subject structure is considered non-contributing to the historic district. The subject application further modifies the previous approval by adding additional square footage to the interior of the building within a newly constructed second floor. The additional 1,152 square feet are unequally divided between each of the three (3) retail bays within the structure. It is noted and emphasized that the previous approvals for the subject structure provided for the additional exterior height while the interior remained one-story. Therefore, this review applies solely to the interior. As a result of the additional square footage, additional parking spaces are required. However, the site cannot accommodate more parking spaces and the applicant has requested the approval of four (4) in-lieu parking spaces to be decided upon by the City Commission at their meeting of August 5, 2008. The City Commission's decision will be available at the subject HPB meeting, as the project is dependent upon approval of the in-lieu parking request. It is noted that as part of the NW/SW 5th Avenue improvements, the Community Redevelopment Agency constructed the parallel parking spaces on along NW 5th Avenue which are not credited toward the amount of parking required for the subject property and its improvements. SITE PLAN MODIFICATION 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. Pursuant to LDR Section 2.4.5(G)(5), Modifications to Site Plans and Development Plans, the approving body must make a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class III modification. The subject property and its uses currently exist. The proposed changes do not incorporate a change of use that would intensify the subject property and impact its surroundings as the plans note "retail"for each bay. Further discussion and analysis regarding the uses is provided below. Therefore, a positive finding can be made with respect to LDR Section 2.4.5(G)(5). The subject property is located within the West Atlantic Avenue Neighborhood area of the CBD Zoning District. The goal for this area is to provide for development that is consistent with the adopted West Atlantic Avenue Redevelopment Plan and the Downtown Delray Beach IF139 NW 5th Avenue.Hanmimzi{Shoppes,2008-024-SPM HPB Meeting August 6,2005 Page 2 of 3 Master Plan. The emphasis is on the preservation and enhancement of existing neighborhoods, while promoting a pedestrian friendly commercial area along Atlantic Avenue that contains a mix of residential, commercial and civic functions. Businesses that are oriented toward serving the local neighborhood, as opposed to a regional area, are encouraged. Therefore, the subject property is subject to compliance with those additional regulations noted in the LDRs and required for this area. Pursuant to LDR Section 4.4.13(G)(2)(c), one (1) parking space per 300 square feet of gross floor area is required for all non-residential uses, except restaurants, and hotels and motels. The subject property originally consisted of four (4) spaces that backed onto NW 2nd Street, and six (6) spaces that backed onto NW 5th Avenue, providing a total of ten (10). The addition of approximately 1,072 square feet, which is currently under construction, required an additional four (4) parking spaces, for a total of fourteen (14), which were provided on site. The additional square footage contained within the currently proposed "mezzanine" area (also referred to as the second floor) measures approximately 1,152 square feet, which requires an additional four (4) parking spaces. As previously noted, a request for approval to pay $4,000 per required space has been submitted. Therefore, positive findings can be made with respect to parking subject to approval by the City Commission. It is noted that the owner of the property will have an option of paying in full upon Board approval of the subject application or via an in-lieu of parking fee agreement. REQUIRED FINDINGS Pursuant to LDR Section 2.4.5(G)(1)(c)(Class III Site Plan Modification), a Class III site plan modification is a modification to a site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requires partial review of Performance Standards found in LDR Sections 3.1.1 and 3.2.3, as well as required findings of LDR Section 2.4.5(G)(5). Pursuant to LDR Section 2.4.5(G)(5) (Findings), with a Class III site plan modification formal findings under Section 3.1.1 are not required. However, a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class Ill modification. ac The development proposal involves the creation of a 1,152 square ee mezzanine within an existing 4,485 square foot commercial property. Pursuant to LDR Section 2.4.5(G)(5), this minor modification does not significantly impact the findings as they relate to consistency with the Future Land Use Map, Concurrency or the Comprehensive Plan. Compliance with the Land Development Regulations parking requirements is the primary goal with the proposal. The development proposal has a minor impact on Concurrency items as discussed below. 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. While a traffic statement is typically required as a means to keep a record of trips approved in the TCEA and for calculation of traffic impact fees, Palm Beach County has determined that the use of the additional square footage will not generate more trips. Therefore, this requirement has been waived. 39 NW 5th Avenue, Hammad Shoppcs, 2008-0241-SPM HPB Meeting Augus.6,2006 Huge 3 of 3 Solid Waste Requirements The proposed 1,152 square foot addition will generate an added 5.88 tons of solid waste per year [(1,152 sq.ft. x 10.2Ibs./sq.ft./year = 11,750.4 lbs/2,000 lb. = 5.8752 tons)]. The Solid Waste Authority indicates in its annual report that the established level of service standards for \, solid waste will be met for all developments until 2021. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) considered the subject development proposal at its meeting of July 24, 2008, and recommended approval. The Downtown Development Authority (DDA) will receive notification as to the decisions made with respect to the subject application and the in-lieu parking request at its August 11, 2008 meeting. The West Atlantic Redevelopment Coalition (WARC) will receive notification as to the decisions made with respect to the subject application and the in-lieu parking request at its August 13, 2008 meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Certificate of Appropriateness and Class III site plan modification for the property located at 139 NW 5th Avenue, Hammad Shoppes, 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. C. Move denial of the Certificate of Appropriateness and Class III site plan modification for the property located at 139 NW 5th Avenue, Hammad Shoppes, West Settlers Historic District, based upon a finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in the Land Development Regulations. STAFF RECOMMENDATION Move approval of the Certificate of Appropriateness and Class III site plan modification for the property located at 139 NW 5th Avenue, Hammad Shoppes, 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, subject to approval of the four (4) in-lieu parking spaces by the City Commission. Report prepared by:Amy E. Alvarez, Historic Preservation Planner Attachments: • Location Map • Site Plan, Floor Plans, Elevations * • ... ri1 STOP BAR SHALL BE THERMOPLASTIC CZ BOTH CONNECTION TO ROW STOP SIGN SHALL BE DIAMOND GRADE 17.'',...;t3.!Y.,s,.•., • , A'' 1.,',1'-''•1" I•; ..__'.. RUS Arc'r it c:ct s, Inc. 0 • AA.nrt,253 . Role Jordon Soper:lo AR.POIR157 KM ''.1 ALLEY 11019 Northwest:9111 Skeet T4'7,"'`,11."•=1.1;°,=,, ,Z ir) RR,' _PME.'llaR Corn!Sprin9s,Florida 33071 ND'i 2,0'DEDICATED RI&NT OF WAY 03.1072 CM- POLE ,,. 0 754 7530018 ,'95175511277 "iZFr..1.4;,Foti-N-.-- . A Renovation Ion EX UTILITY 4.1,rt 01.,..01300r0 „,..--11.901.30310,01. PRO=ERIT' NO 8,0' 0,0" Hammad Shops IN ea.r0.0.3.0 N , R..0' SEA 7 6AL 61CA5 TRAP 1 ow re_ 1 SOIVIAULCH AT CURD AREA DY CITY TYR t• ----,..,r,...„.' ...... eat,. ''' axalz pEARX;, 'TIC l•Z.PA 139 NW 5th Avenue Delray Beach,Florida 11 --4 sual03, ... N. ,,,..,-., ...5—"7-5.7 '-5-.1,..':.,. CONC POLK/NAY .•. ALAJZOSCA urVAPary.:0 ,eL.,., I ...:.•:..'....'...:-..':.........?..........,_, .'. r..:.:../..:.:•:.:•:.:::.0:::::•:::::::::::::::::::.:.::: r ......:::. ,t. .. . 1 1 1--- 2.1141,50: 1 .3.3.3,.............../.....4!b....11/ -. tO . it. IF ISA,1119-0100,010.10 GREEN AREA---- .•••••••••••••:•:•:-... ,ig'''...• lb' MR MO.FAMED / . ...- ! , !1 ,.,1/ IIG131.101111.141-0. ii 12.-0200 Et l--”,,Ntavot .. ..............' '-$.•-• PRPOSED ':e N ITION_. • 1 .I 1 ,..„„.. I .-:•:•:• J.--:•:-:•c.•...•...::•'.'.',.....1.,,,.,..,..• 4 I . r , . * :- i •N _ , ..i •••-,•,-----------", —,-— 4:74=mx oic t•::•:::: i I I, 1 I I i , 1 y-.501.111,617 1 ar',2„-3,, ui770141 7743 N , LLI •'.'....:•'•:.:•:•:•••'. '', .', :•..... . 4 Liji 1,4 0.11 CC .. FRONT ELEV SECTION I— 1:•:,44..„.2.,',"•:•.'• (/) YIVEEL STOP II 1...•'",••••RrAL.•..•• 'V '••itti:•..... C EX ASP' IC Cyleht•PAVED-_T:•:,..,..„,,.•.•.• . CV PARKING• - ••,....V•• lo: ..,.., ,„.,,......- • Z isl'1:a\•.'.•. 200' 5,0 20-0' 1,........ . :•;• /-— at Ste Data / ZOTING Anr van serrorCAJKOWNAN. 'UI 9. LAND USE C0100,21, ::: ..,,,f14z,..,',,,,,I.v,„4. ••••••••••••• , ,c09,93.1.•..3.,•,3,srrE APIA CA 030150.., 11.3011 SO II 0.002).......... CALCULATIONS — 6 gezep-- . eAlgoyii-,,,/,,r‘ ra-W,y -4.;,,, ..-a-zr'q-.%0-1 BUILDING ...'"...___—_MELF____________ CALCULADONS -!--i'9'.. ........'....'.'.'.'.*.;.: A( - ,,, a r_( ,,..,...„ ,:,.., 111, s.sn SO 0 :3:5.3:3.3.3...3.1.3.3.'N5i.5..5 MZ'., j ,90...A, <f•'').'s01 5.''''''s 1 F:' 774 PERVOLIS AREA 207111 SC 11(IS 3/ 1.,,,x-rvAnD ----- -- •••••••:.:•:.:•:•:•:•:•:r.:::;-• .,,— 4.,„„,,„„ AREA DY CITY ..''.•:".•.'...•.'.'.'.'.`l' At,• • >,....s-', ..z,e'''' s,'Ll'L. -•.: Tri.,r'i,, ,",:› 7•7.••'"'4,,,,-7." 7 7 77777 77 77 AREA PAIIIMC 3.239 SO 0.01 v) 9 0031000/000111[0 Fos tes:Llo.apelt_ // .'.r.' %....s,,....,g4r";ife,..of.: JA , ..,, __,....,_. . 101.4 1,101 SO 0.01 X) • BOLDING ''"`" sew rr I! OFF SITE PARK1 SEIRICKS 1-.? PROPERTY LIPereL'.1 ..•-•-•- w. _ SID:YOLK TO DO DO:ORATORED DRJCK PAVER —PLANTER DO% to V 0 ••AT;ww. — 36 IT COLOR TO DE ou EX CONIC UTILITY J COODINATIOD YU- KEY NA I IV 001CASIL roil UN GRA -\- ......._._. ------ NOTES: 0.009 WU WO tS KM 01 rem OF SDI 131t0III.VSIIS 00.3 0 00.10 --......._ ... NW 5th AVENUE . .-.-- .3., Parking Calculations Ste Plan DESCRIPTION REQUIRED PROVIDED 1.1 oN_siTE S1201)123 PAM(.0100 II LIAM 12 PAC:, PARKING I M E F=.LA NJ 00.41001 VASS 0700.0 I .,N.SO 13) ,,,,..---,,,,,,,,,,,---3 ArcNteclure -Wass.sr.crs---- -;;",;•Z-—1110.1 PACES OFF-srrE '•"!'"' ...-- ••• PARKING ;Elc''?V'go le —---...-. --- e;/•.;1 ' 1001- IA KEY: A. j 03./MOM. .. . • . ._ . _ •,, i k,IS R„,53 ArC-IItcCt.fi, inc. _ iu•1001293 •' gotta it.rill S0;0.14 .:-.. ..i. ,L.- -r-r-r-,-- --1,1----) N .'31 Nwthwcs1 19Ih Sircti r--4jr---"L--.. ,-- Cocci Spr:r9s,Florid,:33071 ', --'-- '76. : 71 - . . I I I !, A Renovation be . ,.. ,,, .. . ' . ._ . ' -l Hammad Shops :. --1 2:11:...j -„ ; If— a 1 r___ ._.------- - Ij2' \ -P—- 139 NW 5th Avenue 1 ir. I I Defray Beach,Florida I . i r-_—_, • II i... / i i i ' -•• . ......__. 1 .i ii lo rei. 1 si, i A'''''.4'.---1-'!'—1—--9---h---Pr--R.--11---,-'-0" ""'"'•. j ..../.1.--,- , t,,_ 1 i i ' i ! 1._.: - _,..................1 I . r.-....._.....- ,r--..,- ... I • i ....-. I I I i I I I I I I I . I I . I I . I 1 i . I j , i I ‘7. ' A I i I I l• I I I i I I I I I I I I I I I I I I RINSIONSI po."Nor.1 c Dovv.on ii .—....... .. . .... s4 i i .... ._ .. ..—................... ( .1 ----•-•1—77=1 -I-—•-,,....--==.---- — r . T. , / GROUND FLOOR PLAN .. ,,.--•%,i1;,--draw„1, Architecture -7•74 ::.:::::::-AL5;.;.,'F,ia -;t7'r2.------•.-'''',A lal,,, I Ground Floor Flan cil e .-- 1.1.1,14 1 0.- ~ ' � -------' ------��-----�- - ---�� w� ��� —/ ------- '— �_—_ ��m�����m� —_—_— --�� Cw�� 1� ,,""°" —,151.°"" ^Renovation for' Hammad Shops 139 NW 5th Avenue � Delray Boach,Florida ' � ! | | | / . � / ! | / ! , / ! ' ----- _| -=—'-- �-----� i Mczz^wwc rumn pmw Architecture —l---- . ---��---� ---�� ' .......... — _' ezz Nn 'loorPlan = �— Vr � i.,....(,4 .. a. ro,i1 cox(4... IA_ • , - di I 4k xis 1, _ i-27 I.J.S Arch'tec;3, lit:. , •.44+..1.1 F-- /-, / _ , M-)3001293 Rohr;Jorton Sa300,1,,, AR-0017051 • L-,...:-_,,,,ii„;:„ --,. .,. 11019 Aortuest 19th St eel Carat Spr.00),1-10r;,50 15071 . % t 4.MO)PC. ..... C:151)51 00,3 3:351 15,3117 :; A Renovation top * Sii0t! 1.--] : 1 ! I, 1 1 1 t Hammad Shops r 11 N 139 NW 5th Avenue L. I I , _........ .... ,..[E- i____] 4 Ih.. Delray Reach,Florida ..,,...-..•c. 4.0,1555 gm WU,WIN /.....I.:1111“.10 .L11111 onMalt North Elevation ko•Ur•f P /InV L.On 7.1.011.K.IL i 1.P.V.3. , ?'' ra,Ca XV\ ,____r__- I I (1 . ...• 'U=114'44'.7 ,e Fri r•-.. _ c . - ::.., ,i LI ,.. ,-1 , ii----- !•1 fs.o., 1 1 —1 .,.. i Ni ,t0.uo eta rea Kw* IO tea If shap we,,34/4 Tn. irAlt SOL. . i East Elevation .,-.i.ril ell) .3------3-- _LI 1 :.: TT1TITT / .. ..., /,•(1.0.0 jjEV.SIONS• i ET •'s i ho.....r 0.c Ors.:oxcx ----_:.--, . _______ ..__ . % /-I.3.,....0 P'.;:a lo.d.t., DTI ,r ant N— \ EXTERIOR ELEVATIONS \-h•nen 1,3,co.runK South Elevation - 4.• •,,, i.„..L.4....r cj Lt lecture .......•,-0 IIR 4.-.4."74 U • m _ ...... _. �..._... 4 ,._. I fl. /I mart —T TT— __ __1 brII. - RdIli .. i ra ra ra ur.[e.c n+�- r kj s I-k � 4 — -..t _ . NPeJCA Si- n III rs onosr tzi L § L 11019 Nadh e 9H treet `.---_. — _ _ y Lora $Dr'ng flciAo 33 071 - — Jr s,..r. c 9.175 70M 1 95 7 5S 8277 armoort m A Renovation NV I ,I Hamad Shops L 1 I / III 1 I ---- 1 .._ _.............—'-- ------ ._` -_.__...------ I 139 NW 5th Avenue I _ Defray Beach,Florida 03•S P1 115 North Elevation Wm two/:ID.. IV/:MS/ain a ® xo-7a Ili �I I UM er YWCID FmMM MOr, i �.7: .aun,— 1 I eW P.vein. I srmar I u°Mn i I .oaan �,I nA.n I I I I ill,'-rrurr s s��,M (K`mvMM areranVur�i wMlm..1 it li r714-0,55405 am ni I nioo wM�a [�•rn omv 4,^LAY M 0.11 I r..M.a I,I no�aa.n n." T111. rn ct I I BRsa,Lim.1 I,L H.ptl vMq ASS III Lg1'olt A9.4 t,'� ID NP k i1 Vv.mx,04M.,,Ao. t PMcm. REVISIONS:__wx '------- iirrt, IN. ,SPFtrW(rsR4 M.".111 M. I wcswui5trt Iaroxyl IN II 100n0. q 113 =- EXTERIOR ELEVATIONS ,•`,—-- ;,;y;,.y,,M r Architecture Q b:ms .A (nrt ,/,// A dllN d Wall rvliect'an 2 /1Xt _______ YQ HISTORIC PRESERVATION BOARD MEMORADUM STAFF REPORT Property Owner: David Rosenbom Authorized Agent: TI Architecture, Inc. Property Address: 711 North Swinton Avenue, Del-Ida Park Historic District HPB Meeting Date: August 6, 2008 COA: 2008-198 ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness (COA) associated with revisions to a previously approved COA (2007-020) at 711 North Swinton Avenue, Del-Ida Park Historic District, pursuant to LDR Section 2.4.6(H). BACKGROUND & PROJECT DESCRIPTION The subject property consists of Del-Ida Park, South 35 Feet of Lot 2 & North 45 Feet of Lot 3, Block 1 and is located on the east side of North Swinton Avenue between NE 7th Street and NE 8th Street (George Bush Blvd.). The property, zoned R-1-AA (Single Family Residential), originally contained a non-contributing, one-story, ranch-style single family dwelling constructed in 1962. At its January 18, 2006 meeting, the HPB reviewed a Certificate of Appropriateness for a partial demolition and major additions and alterations to the existing structure on the subject property. The request for the partial demolition was approved, while the major additions and alterations portion of the COA was continued, with the direction that the overall design be modified to keep the scale and massing to a minimum, that the rear-ell be broken up in wall plane and roofline, with additional minor details to be revised as well. Revised plans were approved by the Board at its meeting of March 1, 2006. The approval was subject to multiple conditions which related to the details of the elevations and site plan, but not the scale and massing. However, the approval was appealed by a private party to the City Commission at its meeting of April 4, 2006. The City Commission upheld the appeal which overturned the Board's approval, resulting in a denial of the COA. This decision was based on the failure to meet the overall objectives of the LDRs with respect to Section 4.5.1, as well as a failure to meet the overall objectives of the Delray Beach Historic Preservation Design Guidelines and the Secretary of the Interiors Standards for Rehabilitation. At its meeting of November 15, 2006, the Board considered a new application and recommended approval with conditions. However, at its meeting of December 5, 2006, the City Commission appealed the approval and remanded it to the Board with the direction that the applicant follow the direction listed in the November 15, 2006 Staff Report. The City Commission also discussed that the second-story should be reduced by at least 25% following Staff's recommendation during the appeal hearing. The applicant submitted those revisions and the Board reconsidered the application at two separate occasions, with a decision to approve subject to conditions made at its meeting of February 7, 2007. For an understanding of the issues noted above, Appendix A is provided to illustrate the square footage comparison between the original application of 2006 and the most recent approval from 2007. 71" No t°>i ::Oil Ave-Je C OR 2003-195 1-PE fAceting (Angus' 2003 Pape 2 of o As previously noted, the subject property is under construction for the previously approved improvements associated with additions and alterations to the existing structure as well as the installation of a swimming pool and landscaping. The approved plans included a one-story garage at the rear of the property. The property owner is now proposing a 336 square foot second story addition to accommodate an additional bedroom closer to the master suite and on the same level. The height (mean) of the proposed addition measures approximately eighteen feet (18'), with an overall height of twenty feet (20') to the ridge. The height (mean) of the previously approved second story measures approximately twenty-two feet (22'), with an overall height to the highest peak measuring twenty-four feet (24'). To further break up the mass the applicant has inset the wallplanes on the second story. ANALYSIS Pursuant to LDR Section 2.4.6(H)(5), Prior to approval, a finding must be made that any Certificate of Appropriateness which is to be approved is consistent with Historic Preservation purposes pursuant to Objective A-4 of the Land Use Element of the Comprehensive Plan and specifically with provisions of Section 4.5.1, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. LDR Section 4.5.1(E) provides guidelines in evaluating Certificates of Appropriateness for the alteration or addition of exterior architectural features as follows: (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. Pursuant to LDR Section 4.5.1(E)(2)(c)(4), Major and Minor Development, the subject application is considered "Minor Development" as it is "the construction, reconstruction, or alteration of less than twenty-five percent (25%) of the existing floor area of the building and all appurtenances."The subject Section also notes that "all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance in 2008." • STAFF COMMENT: The proposed 336 square feet calculates to approximately thirteen percent (13%) of the existing floor area according to the square footage calculations provided on the plans, and is therefore considered "minor development." (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. STAFF ANALYSIS: Upon review of the above noted Standards and Guidelines it appears that the subject alteration is in compliance. Therefore, positive findings can be made with respect to the subject LDR. It is noted that the guidelines applied to the previous applications with respect to additions have since been adopted within the LDRs and are applicable only to contributing and individually designated structures. Therefore, they are no longer applicable to the subject application. 711 Norm Sy:^on Avenue COA 2008-1 g8 HPB Meeting of Augus:'G 2008 Pane 3of5 (8) Visual Compatibility Standards. New construction and all improvements to noncontributing buildings, structures and appurtenances thereto within a designated historic district shall be visually compatible. In addition to the Zoning District Regulations, the Historic Presentation 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, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor development shall be determined by utilizing criteria contained in (a)-(m). Those applicable Standards are noted below. (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. (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. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. (j) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. (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. STAFF ANALYSIS: Overall, the subject application complies with the above noted Standards. First, the proposed height of the addition steps down from the primary second story mass. Second, the proposal is minimally visible from the streetscape. While the addition increases the amount of square footage to a number comparable with that which was previously proposed and required to be reduced, the scale and massing is less impacting as the insets and lower height assist in mitigating its impact. The other components of the addition are all similar to those on the existing/previously approved additions and alterations and are compatible and appropriate. Further, the style of the addition is also in keeping with the approved alterations. For the reasons noted, positive findings can be made with respect to the LDR Section 4.5.1(E)(8). 711 No-tl Svi,r:on Avenue COA 20:;:A-1cla HPB Meeting of August 6 2008 Page L o 5 ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Certificate of Appropriateness (2008-198) for 711 North Swinton Avenue, Del-Ida Park Historic District, based on positive findings with respect to the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation subject to conditions. C. Deny the Certificate of Appropriateness (2008-198) for 711 North Swinton Avenue, Del-Ida Park Historic District, based upon a failure to make positive findings with respect to the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. RECOMMENDATION Approve the Certificate of Appropriateness (2008-198) for 711 North Swinton Avenue, Del-Ida Park Historic District, based on positive findings with respect to the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Report Prepared by:Amy E. Alvarez, Historic Preservation Planner Attachments: • Appendix A—Square Footage Chart of Previous Approvals • Proposed Site Plan, Elevations &Floor Plans. 71 N o-tii SY;...0!i;ive^Je COA 2008 108 PB Meeting of fit..gust Pace 5 of APPENDIX A Comparison chart of square footage for the 2006 and 2007 plans associated with the additions and alterations to the existing structure on the subject property. 2006 2007 Approval Approval Total Square Footage 3,596 3,246 First Floor Total Square Footage (All Spaces) 2,741 2,695 First Floor New (Under Air) 1,514* 1,105* First Floor Porches (Covered) 170 110 First Floor Total Square Footage Under Air 2,148 2,224 Garage Total Square Footage 423 361 Second Floor Total Square Footage (All Spaces) 855 639 Second Floor Porches 92 63 Second Floor Total Square Footage Under Air 763 576 *According to submitted Site and Demolition Plans •CALCULATED MEASUREMENT i� I s+'4 L I`ll I:1.1 f-f.l.n.I.I-I.I.I11Ln/ f '�, '.. ..:° , I, ,.,, O.E. - DENOTES[RANAGE EASEMENT t - � l• U.E. - DENOTES UTILITY EASEMENT ___ —`—� 1'a- � -GED IGE-" - %- DENOTES CENTERLINE LOT 4 �@ �IA�� p I! S ��� �eG NpE Jt��A BLOCK 1 ■' ■� , '' ���; 01 !C. „ C i - - - - Pf-Z/./4.- - - - - - '41IIiII Q �. 4 dlOW ; lewd , I 21/077/.vQERpFLOT3 —�cJnJn ,�li�z � _ I' ,I• 4. C/T/oT/NLGUOt� I a ! J zr 71 "+ 1 \�,' �{ I WI ]4.IaFf i°J�E ,'.d����en am 1,'—�._ • IB�UA/O 5/g., 6 w� ,15:seh'� ,e) �eftvo g,"6.1.7)N I . TER, �E R,I��-1 ���� ....... C'1:, , MEM• � � .JclV1Fi CZ I'J L�7�T C21.8� /RONRODCiFP IO�� �N ���� '�1 '2 .�T ( ) +/-ow e/N8 7 /Z.5.OO, -41353 LOT 22 7.I.M ;ADO 5-3)..., T u I J J zY S, /1+.7 I y 1 ./ / •% ,Y ,J' I ® �� °,®^�,a uc 14An fSIa g55,o' , r4•j ( J m n.$) "7 LOT 3�zJ.�1 BLOCK 1 a �`�O E�S,n�IERR I . i BLOCK 1 Q �I' ".�zie is •p I \ SO.2). 44.2' Iitt `' �'`'; s:i-`L .,°t® j v ,�O as,ltiivt V r O _ O 3 Z,zim NM iirI'+ Y ®� k. - OBE ®, J 11 _...... y.. ,.-.- /J.5 m II ',o• 1 it IiJ J - r e- -• Q 1 5 1 J Ij/z-1 -:a L3.1 6 0 N• E!E✓A7Y0 50,4go o }.as " LOCATION MAP- - Wfl I A. m•:D •35.0 ' ISo 13.3 FOQw/-fi 2L7!•. ..-..-... - ti ....._ (NOT TO SCALE) - p .: q • Ex137' z LW —y s/de _ o (o FOR THE BENEFIT OF: n (a (� �I n�T [.� META �i �7vo/ I 1 Elegy ZZ.7/ Ih V\ Ir Ii, CO r SEWER LOT' 2 1 DAVID ROSENBOM {i iE �, •• NodFij:l JUN 2 „NH Ili i N s7• BLOCK 1 U Li— ----.J�� • ;� Z.o" 35;o f.- 41 z .3- !_..--'_-•-.-__--• LOT 5 PLANNING&ZONING h /5- ] r3,54 p 'o! - BLOCK 1 • J v (2r.3) (7-J.S)O L FAR (51.7� �2r1�� • I \ 5Ers76." p sJg�• BOUNDARY SURVEY FIELD SURVEY DATE: 8/1/07 MOM R0.1C4P /z5 /2C+v.,rS. I HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE UNDER MY ;,, I A��Gs-Zo2 (2•5) (2J•) (,Tro C4P) (Z4,9� DIRECTION, AND THAT SAID SURVEY IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.THERE ARE NO U //7� r / 47//VQER OA-Gar Z t APPARENT GROUND ENCROACHMENTS, UNLESS OTHERWISE SHOWN AND THAT THE SURVEY MEETS THE MINIMUM TECHNICAL — — — — CNOr/NLG!/OED — — — \ STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYO AND MAPPERS, PURSUANT TO SECTION 472.027, '----'`,.._J',' - . FLORIDA STATUTES AND CHAPTER 61G17-6 OF THE FLORIDA ADMINISTRATIV CODE. DATE: e5/03A.7 ,.. . /2� '� RRJOSTERED SURYE OR SEPA Pl. 0 • 3ZS5 C PROPERTY SHOWN HEREON HAS NOT BEEN ABSTRACTED BY SURV R FOR RIGHTS-OF-WAY,AND/OR EASEMENTS OF RECORD; ELEVA- (� LOT 4 TIONS SHOWN HEREON ARE BASED ON N.C.V.DATUM UNLESS OTHERWISE NOTED;ALL PROPERTY CORNERS ARE IRON ROD WITH CAPS, OII/9 UNLESS OTHERWISE NOTED; FOUNDATION OF EXISTING BUILDINGS LYING BELOW SURFACE NOT LOCATED. BEARINGS AND/OR ANGLES BLOCK 1 SHOWN HEREON ARE BASED ON RECORD PLAT OR DEED CALLS UNLESS OTHERWISE NOTED. MEASUREMENTS MADE IN ACCORDANCE FF�z Z.b�i WITH UNITED STATES STANDARD. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS.DRAWING OR SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. COPYRIGHTO 2006 BY RICHARD L SHEPHARD&ASSOCIATES,INC.-ALL RIGHTS RESERVED • LB 2102 Joe Tucker ADDRESS: ZANo ' .. SURI{R]PJ THE N. 45 FT LOT 3 & S. 35 FT LOT 2 BLOCK 1 t DEL-IDA PARK 711 N. SWINTON AVENUE PLAT BOOK 9 PAGE 52 DELRAY BEACH, FL 33444 - PALM BEACH COUNTY, FLORIDA RICHARD L SHEPHARD and Associates FLOOD ZONE "X" • ?,y car rfrey /21/4/47 !99 a COMMUNITY: CITY OF DELRAY BEACH, FL 1 - - s� Phone.. 25' < �P Add /Z SCALE: 1" = 20' BY:.H. MILHOMME DRAWING NO, COMMUNITY PANEL NO.: 125102-0002-D /¢ —,'! - //2/o7 795/72 219 S.E.23RD AVEAUE B°co (561)391-4358 MAP REVISED: JANUARY 5, 1989 — eomr0P..ASOX 759,RDRIDA 33435 Boynton (561)737-6546 DATE: 8 2 07 FB: R790 PC: 48-49 N07-08-053 �ro p• /d� ��� /Z///�07 FAX (561)734-7546 // m nrrw.Non rvnuTe.ova L LE&A(' D ON d LOPE BLOCK 1 DEL IDA PARK R -_----_l NEW U.G.SERVICE FROM EXISTO ACCORDING TO THE MT RECORDED IN MT BOOK 9,PAGE 52, FPL POLE RECORDED IN PUBLIX RECORDS OF PALM BEACH COUNTY,FLORIDA: ev...vm.orora,�a I ,,, , SAID LAND SrtUATELYING,AND BEING IN PALM BEACH COUNTY,FLORIDA L M •, ma*4'HIGH .- a CHAIN LINK FENCE • il'.. <<' mown venom EXISTING6'HIGH 80.00' • — / lu<vrmrauvnl ..^..Mo.m iv WOODEN FENCE I sroe,u 'IS C:�` w — RELOCATED ELECT.SERVICE 1 _.u^'na<n'a'vrn"a'° x°r ra..u,c.:mr.:wi M r GARAGE6� MUST COMPLY TOFPL'S"PLANT THE RIGHT TREE IN THE RIGHT :::NEWTON 6.F.•:•:.:4t THE RI HT RCATION NOTE:REFER TO LANDSCAPE ND FLOOR ADDff101• •^u w".uuru'v"101 PLAN FOR ALL PLANT MATERIAL 1 ::'OVER GARAGE •y. AND HANDSCAPE DESIGN. r70100 1 ::.... r uinnn011.V.¢+,rtn:nmmw:e:orrnexrlw.011", �iTon v:w.v.,avea u.n vm.wo I` 'i�4.T:. I SILT FENCE INSTALLATION DETAIL 9.I1 PAVER 5ECR SECTION 9 /■viP/ 4•••••F]S Sheet 1 of 3 DEVIL RI 10.1 -i44 j dp]• k �{;� . / J,.,1"i,5P,"I:,AipC:'.':5*::4':.•o EXISTING 6'WOODEN Qi°�ev"�vmT J-J' FENCE 70 BE REPLACED NEW 5T16.F. BY THE LAUNDRY'S ry a , �INI—'"`v Q 2N2 IF ADDMON FUNRE POOL a• ti%vvs 9 EW ANDEX190NED4 — • / / 3.019E E%19TING k� S�,'•Y5O196F. qe ov•• :: MT MCI MCT1ON ,,,,,,, NEW 1,1956.F. U U �f• ""n:nu¢mmvut•:mmiuvxvuve.nr. 1 7119T FLOOR ADDITION fD¢•12r Q —�—w�+m<TOnn ����� �. .P e r, n l(//�������< T EXISTING 1127 SF r_I,— .`veruucwn¢u ••• ' .%�. '.L" .�:,•% •.i'T QP _ 1.57ORY CBS RESIDENCE In 77 £vnym i• T� NOTE:APPLICANT IN AWARE THAT C 1 ox¢e,rnwl .....•. :�:.•I..T{. ` THE FIN.FLR.I5 NOT I5"ABOVE ,�_wamoro'°°Sarrw 66��" 1rw CROWN OF ROAD ormlolx w:moiw�w SITE: 10 T. ARAa04313.ro SaT FENCES e.mra r"rw er°"u9`imru,'m�+ro. m.mavn 1ST FL NEW NC 9015.F. I I I ` EXISTING CONE PORCH xar rua STCnON 1ST FL.IXISRNG 1,127 S.F. SILT FRINGE INSTALLATION DRAILD9.16 PAVER DRIVEWAY APRON TYPICAL DETAIL RTID.2 2ND FL.NEW NC 808 S.F. D C Sheet of 4'HIGH WHITE PICKET TOTAL NC 5O196F. / FENCE W/4'WIDE GATE GARAGE 524 S.F. NEW CONC.P IVER _ TOTAL UNDER ROOF 5.5105.F. DRIVEWAY•:EE DTL _En5 NG SANITARY rrve¢e w ,,,,�� " It THIS SHEET SEWER. A"„ rmw RAINWATER RETENTION CALL. IIIr J RETENTION AREA A' / EXISTING 5/4"�UfP .1 oe.J', I L.. G.C.TO VERIFY naro< oe 4vn • @ %mum.nxtowon mn I—I ¢ NEW YOSANITARYSEWER lME Q OSAN-0UT-LOCATE . \ / TOW HIS OFfROf.LINE- . "e"H ¢ !r'., vm,mi,a...wnn.,nrown. Q Cr'''''' ,/f / SEE D11.TMI5 SHEET • rvcnw •I«runv oar«rav, J i'w°ma-n"'am mxsam+wnv".•van�em I � W✓✓✓AfER METER • NEW r .•u ne "` .rAovrvv46,zraelm 1a�u1H wAl FXISTG CURT-COT \FAVEML.,VILIFICATIONS �—EXISTG BIDEWHLE AND MAIN SY OTHERS roof, nue Nn NOTE: P. 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IIPMETAMEW17.70...111111 1 ITOWILVDTIZITyl. iltIg r-larl"TV.111 nill ....iatartri§2. .tatM:tgit if g214424.4klialiggi._MI M LI NEM LI III Ell.IN 0 iitilikativir, °I +'''''''''''' 1 I Kam. mrimwmfinmgrigasummargazza,-74.7-rn.,..--------m m•••••Tx,,,,,, •Tx-T•••••T— •••••••...... A $w„..,,,,,,,„, c44.4 1 em 5.5 Forr -3• ...4 amoil :111L k. I . Gre.4.00 wenn Ka e...1. NW. Drew HT A I J.• =OM O EAST EL 710N W., I A3.02 ---\ r.f: (7,-N r p wi ri-T, r,7,) i--)1 L-r, Q._.,., dz., ., \J t..., 111, •-i)1 I 1. 2, C 2008 HI ,,, PLA.Nr.sli,i\ic, & ZONING HISTORIC PRESERVATION BOARD August 6, 2008 MEETING COMMENCED: 6:00 p.m. 3,F-v)Y IV.A. IV. B. IV.C. IV.D. V.A. V.B. V.C. NAME ATTEND Rules Amend Recomme 338 NE 1st Waksmacki 118 Dixie Blv 139 NW 5th 711 N. Ord-3&-88 nd to PZ Swinton Site Waiver Waiver �j /�v Plan a �; VOTE `52' C - - Y' .. �/z 1 .3',�2 _l iz2 j<'z v �.. �" -5' ` U ROGER COPE ,, )71h7 .Y 7 111 / l 1 9 ° 7p YE2 •/J X (� ii / JOANNE PEART t gi / 22 Q 41& Lp `^ ' /167 Lk.' ji RHONDA SEXTON 24144 - 4 /4o-> i /ram` rh9 )2-- frt4; i/,--?,L KEITH SNIDER / / thirfiike5-- , / J Flo' q TONI DELFIANDRA / / V �/j�C C � u 4 HISTORIC PRESERVATION BOARD August 6, 2008 MEETING COMMENCED: 6:00 p.m. IV.A. IV. B. IV.C. IV.D. V.A. V.B. I V.C. NAME ATTEND Rules Amend Ord 38-08 338 NE 1st Waksmacki 118 Dixie 139 NW 5th ; 711 N. Ord 38-08 Recom. BIv Swinton To PZ Site Plan Waiver Waiver VOTE 5to0 4to1 5to0 4to1 3to2 3to2 5to0 5to0 5to0 Made Made Made Made Made ROGER COPE Motion Motion Motion No No Motion Motion Made JOANNE PEART Seconded No Seconded Motion Made Made Made RHONDA Seconded Seconded Motion Motion Motion Seconded SEXTON KEITH SNIDER Seconded Seconded Seconded Seconded TONI No DELFIANDRA Meeting Adjourned: 9:00 p.m. (2 , . V 8 I39n 0� T 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 5/7/2008 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 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 4 of 5 I1. 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 1 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 CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ORDER In Re: ,, ,.Lz'1i19&vaL 1 q 72 lLi 507a„12_ (applicant's name and address) ORDER Following consideration of all the evidence and testimony presented at the duG/,1ocif (date) meeting before the Historic Preservation Board for the City of Delray Beach and pursuant to Section(s) 2.4.6(H), 4.5.1, and/or 4.5.1(J) of the Land Development Regulations and the Comprehensive Plan of the City of Delray Beach, the Historic Preservation Board finds that there is am le and competent substantial eevvidenc� to/support its findings that the application for d UQ55irS) Phi? /�lht/ealto,'I on the property referenced above is hereby granted denied by a vote of 5 - . Pursuant to LDR Sections 2.4.7(E)(1) and 2.4.7(E)(3)(a), a decision of the Historic Preservation Board may be appealed to the City Commission so long as a letter of appeal is received by the City Clerk within ten (10) working days of the action being appealed. Based on the e tire re ord before it, the Historic Preservation Board dopts this Order this & day of , 20 08 . _ J Chair Historic Preservation Board copies to: (applicant) In Re: josetp �vvbi CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ORDER 4no //, )4( 4'hL (applicant's name and address) ORDER Following consideration of all the evidence and testimony presented at the ac,44,1avd' (date) meeting before the Historic Preservation Board for the City of Delray Belch and pursuant to Section(s) 2.4.6(H), 4.5.1, and/or 4.5.1(J) of the Land Development Regulations and the Comprehensive Plan of the City of Delray Beach, the Historic Preservation Board finds that there is ample ,and competent/ substantial vidence to support its findings that the application for l jor a/l- izzytOr25 u b 5 /Cfaan the property referenced above is hereby ' granted denied by a vote of - . Pursuant to LDR Sections 2.4.7(E)(1) and 2.4.7(E)(3)(a), a decision of the Historic Preservation Board may be appealed to the City Commission so long as a letter of appeal is received by the City Clerk within ten (10) working days of the action being appealed. Based on the en ' e record before it, the Historic Preservation Board ad pts this Order this 7 day of ST , 2005 . Lilair Historic Preservation Board copies to: (applicant) CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ORDER In Re: IAA �1J4 pL'/4 ,Japplicant's name and address) ORDER Following consideration of all the evidence and testimony presented at the G� ,2 ook (date) meeting before the Historic Preservation Board for the City of Delray Be ch and pursuant to Section(s) 2.4.6(H), 4.5.1, and/or 4.5.1(J) of the Land Development Regulations and the Comprehensive Plan of the City of Delray Beach, the Historic Preservation Board finds that there,ig ample and compeit substanti4 evicjeme to support its findings that the application fo e �o�/'J�i fj �J lt/ f V- 61-12rieron athe property referenced above is hereb ranted denied by a vote of - . 3 - Pursuant to LDR Sections .4.7(E)(1) and 2.4.7(E)(3)(a), a decision of t e Historic Preservation Board may be appealed to the City Commission so long as a letter of appeal is received by the City Clerk within ten (10) working days of the action being appealed. Based on the entire record before it, the Historic Preservation Board a is this Order this i f, day of „thiLsu , 200 3 . zi/(zat) Chair Historic Preservation Board copies to: (applicant) CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ORDER In Re: 71 N ' cl/1�l VLTIIvi A Ve' (applicant's name and address) ORDER all the evidence and testimonypresented at the o Following consideration of (date) meeting before to - ' : is Preservation Board for the City of Delray Beach and pur uant to Section(s) .6(H 4_°4 5.1 and/or 4.5.1(J) of the Land Development Regulations and the Comprehensive 'lan of the City of Delray Beach, the Historic Preservation Board finds that there is ple an co tent substantial evidence to support its findings that the application for fie2VL7)7/7 /921.10he property referenced above is hereby granted denied by a ote � �. Pursuant to LDR Sections 2.4.7(E)(1) and 2.4.7(E)(3)(a), a decision of the Historic Preservation Board may be appealed to the City Commission so long as a letter of appeal is received by the City Clerk within ten (10) working days of the action being appealed. Based on the entire record before it, the Historic Preservation Board adopts this Order this day of , 20_• Chair Historic Preservation Board copies to: (applicant) 3 VISUAL COMPATIBILITY STANDARDS Visual Compatibility Standards. New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, façade, openings, rhythm, material, color, texture, roof shape, direction, lot coverage, and square footage, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)-(m) below. Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site. n A. Height: The height of proposed buildings or modifications shall be visually /h 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. a. The building height plane line is extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established at a two to one(2:1) ratio. See illustration below. zl i NO BiJILD r MAX 35' HT 0I J ZONE Lul c1 22.5',H1SI DRIC ¢1 ��-' 2 STORY HT ZI 175' rREAR SETBACK El,� t5' I 5Q' � • i1L 3O0' 35.0—b 1530' BUILDING HEIGHT PLANE AT 2:1 RATIO 1 b. A structure relocated to a historic district or to an individually designated historic site shall be exempt from this requirement. 2. First Floor Maximum Height: a. Single-story or first floor limits shall be established by: i. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). ii. Mean Roof Height shall not exceed eighteen feet (18'). iii. Any portion exceeding the dimensions described in i. and ii above shall be considered multi-story structures. iv. See illustration below: 12 ROOF PITCH MAY VARY 6 F'_M1 MEAN ROOF HT. '"-TOP OF BEAM 2 F.F.E. v. Sections i. and ii., above may be waived by the Historic Preservation Board when appropriate, based on the architectural style of the building. 3. Upper Story Height: YES NO a. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12'). / Are the requirements for height met? 2 YES NO B. Front Facade Proportion: The front façade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. Are the requirements for front facade proportion met? CProportion of Openings (Windows and Doors): The openings of buildingwithin a historic any district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. Are the requirements for proportion of openings eirmart (windows and doors) pio met?D. ) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. Are the requirements for rhythm of solids to voids met? E. Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. Are the requirements for rhythm of buildings on streets met? 3 YES NO 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. Are the requirements for rhythm of entrance and/or porch projections met? Relationship of Materials, Texture, and Color: G. : The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. . Are the requirements for relationship of materials, texture, and color met? JI. Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. Are the requirements of roof shapes met? I. Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. Are the requirements of walls of continuity met? 4 Scale of a Building: The size of a building and the J. e building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. To determine whether the scale of a building is appropriate, the following shall apply for major development only: 1. For buildings wider than sixty percent (60%) of the lot width, a portion of the front façade must be setback a minimum of seven (7) additional feet from the front setback line: a. Lots sixty-five (65) feet or less in width are exempt from this requirement. b. To calculate how much of the building width must comply with this provision, multiply the lot width by 40% and subtract the required minimum side setbacks (example: 100' lot width x 40% = 40' - 15' side yard setbacks=25'). c. Any part or parts of the front façade may be used to meet this requirement. d. See illustration below: 75 LOT 75 LOT 75 7.5 '"60'BUILDING' .6tY BUILDING ,_ L._.__:--::::=„: ,,,, --, ,:-._.y:__,,,,..;,,„., F..: L: 7,5.' 45L 225 J 15 J 225 1 ' in to N N 5 e. If the entire building is set back an additional seven (7) feet, no offset is required. 2. For buildings deeper than fifty percent (50%) of the lot depth, a portion of each side façade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line: a. To calculate how much of the building depth must comply with this provision, multiply the lot depth by fifty percent (50%) and subtract the required minimum front and rear setbacks (example: 120' lot depth x 50% =60' - 25' front yard setback - 10' rear setback=25'). b. Any part or parts of the side façades may be used to meet this requirement. c. See illustration below: 75 LOT "1 o r 75'LOT - n N g • 7.55 5' 5'7S `r 7.5'S' 50' 5'7.5' ;,, - d. If the entire building is set back an additional five (5) feet from the side, no offsets are required on that side. 6 YES NO 3. Porches may be placed in the offset portion of the front or side façades, provided they are completely open except for supporting columns and/or railings. Are the requirements for the scale of a building met? K. Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. Is the directional expression requirement for the front elevation met? L. Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. Is the requirement for the architectural style met? M. Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished as follows: 1. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. Is this requirement met? 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. Is this requirement met? 7 YES NO 3. Characteristic features of the original building shall not be destroyed or obscured. Is this requirement met? 4. Additions shall be designed and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed. Is this requirement met? 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building nor replicate the original design,but shall be coherent in design with the existing building. Is this requirement met? 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building. Is this requirement met? 8 CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ORDER In Re: /39 N Vlj c- A-vie (applicant's name and address) ORDER Following consideration of all the evidence and testimony presented at the & (? (date) meeting before the Historic Preservation Board for the City of Delray Beach a d ursuant to Section(s)--'2.4.6(H)> 4.5.1, and/or 4.5.1(J) of the Land Development Regulations and the Comprehensi`v�Pl�n of the City of Delray Beach, the Historic Preservation Board finds that there is ample an competent substantial e idence to support its findings that the application for W�t-h(,u i 1 I1 d A �� on the property referenced abov is hereby granted ) 1/denied bya vote of - ?/. .)° _37-1: P l�1 C� Sl �- �1� a_ii. c1-1--N Pursuant to LDR Sections 2.4.7(E)(1) and 2.4.7(E)(3)(a), a decision of the Historic Preservation Board may be appealed to the City Commission so long as a letter of appeal is received by the City Clerk within ten (10) working days of the action being appealed. Based on the entire record before it, the Historic Preservation Board adopts this Order this day of , 20 . Chair Historic Preservation Board copies to: (applicant) 3 CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ORDER In Re: 1 ( b D I x 1 z ICI VJ . (applicant's name and address) ORDER Following consideration of all the evidence and testimony presented at the v v C:6 (date) meeting before the Historic Preservation Board for the City of Delray Beach an p rsuant to Section(s) 2.4.6(H), .5.1, and/or 4.5.1(J) of the Land Development Regulations and the a k„ F prehensive Plan o City of Delray Beach, the Historic Preservation Board finds that there is ' ample and corn etent substantial evidence to support its findings that the application for 4 7 e k, �/1 GL1) 0 _ on the property referenced above is hereby hwy, granted ✓ denied by a vote of 5' - 0. rrsuant to LDR Sections 2.4.7(E)(1) and 2.4.7(E)(3)(a), a decision of the Historic Preservation Board may be appealed to the City Commission so long as a letter of appeal is received by the City Clerk within ten (10) working days of the action being appealed. Based on the entire record before it, the Historic Preservation Board adopts this Order this day of , 20 . Chair Historic Preservation Board copies to: (applicant) 3 VISUAL COMPATIBILITY STANDARDS I. Visual Compatibility Standards. New construction and all improvements to both contributing and noncontributing buildings, structures and appurtenances thereto within a designated historic district or on an individually designated property shall be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, facade, openings, rhythm, material, color, texture, roof shape, direction, lot coverage, and square footage, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Section 4.5.1(E)(2) shall be determined by utilizing criteria contained in (a)-(m) below. Visual compatibility for all development on individually designated properties outside the district shall be determined by comparison to other structures within the site. A. Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. For major development, visual compatibility with respect to the height of residential structures, as defined by 4.5.1(E)(2)(a), shall also be determined through application of the following: 1. Building Height Plane (BHP): The building height plane technique sets back the overall height of a building from the front property line. a. The building height plane line is extended at an inclined angle from the intersection of the front yard property line and the average grade of the adjacent street along the lot frontage. The inclined angle shall be established at a two to one (2:1) ratio. See illustration below. i hiC BJLD -MAX 35' HT ZCtd_ i l 22s_ H151 oRIC 2 STORY ii7 i `175' rKE-A? , :P 15' SETBACK � I ' 1 25C'—f • 150 o' BUILDING HEIGHT PLANE AT 2:1 RATIO 1 b. A structure relocated to a historic district or to an individually designated historic site shall be exempt from this requirement. 2. First Floor Maximum Height: a. Single-story or first floor limits shall be established by: i. Height from finished floor elevation to top of beam (tie or bond) shall not exceed fourteen feet (14'). ii. Mean Roof Height shall not exceed eighteen feet (18'). iii. Any portion exceeding the dimensions described in i. and ii above shall be considered multi-story structures. iv. See illustration below: 12 ROOF PITCH MAY VARY 6r ----MEAN ROOF HT. x ( x TOP OF BEAM 2 @� 1 F.F.E. v. Sections i. and ii., above may be waived by the Historic Preservation Board when appropriate, based on the architectural style of the building. 3. Upper Story Height: YES NO a. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet(12'). Are the requirements for height met? 2 YES NO B. Front Facade Proportion: The front façade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. Are the requirements for front facade proportion met? 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. I / Are the requirements for proportion of openings (windows and doors) proportion met? D. Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. Are the requirements for rhythm of solids to voids met? E. Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. Are the requirements for rhythm of buildings on streets met? 3 YES NO 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. Are the requirements for rhythm of entrance rand/or porch projections met? `G. /I Relationship of Materials, Texture, and Color: —. The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. Are the requirements for relationship of materials, texture, and color met? H, Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. Are the requirements of roof shapes met? I. Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. Are the requirements of walls of continuity met? 4 J. Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. To determine whether the scale of a building is appropriate, the following shall apply for major development only: 1. For buildings wider than sixty percent (60%) of the lot width, a portion of the front façade must be setback a minimum of seven (7) additional feet from the front setback line: a. Lots sixty-five (65) feet or less in width are exempt from this requirement. b. To calculate how much of the building width must comply with this provision, multiply the lot width by 40% and subtract the required minimum side setbacks (example: 100' lot width x 40% = 40' - 15' side yard setbacks=25'). c. Any part or parts of the front façade may be used to meet this requirement. d. See illustration below: 75'LOT 75 LOT 75 7.5 60'BUILDING' 60 BUILDING 45 I 15' 225 _ 15'J 22B J N N 5 e. If the entire building is set back an additional seven (7) feet, no offset is required. 2. For buildings deeper than fifty percent (50%) of the lot depth, a portion of each side façade, which is greater than one story high, must be setback a minimum of five (5) additional feet from the side setback line: a. To calculate how much of the building depth must comply with this provision, multiply the lot depth by fifty percent (50%) and subtract the required minimum front and rear setbacks (example: 120' lot depth x 50% =60' - 25' front yard setback - 10' rear setback=25'). b. Any part or parts of the side façades may be used to meet this requirement. c. See illustration below: 75 LOT I I b 76 LOT 0 n N a T.5'S yr 5'7. `r 7.55 50 57.5 n $ 1 d. If the entire building is set back an additional five (5) feet from the side, no offsets are required on that side. 6 YES NO 3. Porches may be placed in the offset portion of the front or side façades, provided they are • completely open except for supporting columns and/or railings. Are the requirements for the scale of a building met? K. Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character,whether vertical or horizontal. Is the directional expression requirement for the front elevation met? L. Architectural Style: All major and minor development . shall consist of only one (1) architectural style per structure or property and not . introduce elements definitive of another style. Is the requirement for the architectural style met? M. Additions to Individually Designated Properties and to Contributing Structures in all Historic Districts. Visual compatibility shall be accomplished as follows: 1. Additions shall be located to the rear or least public side of a building and be as inconspicuous as possible. Is this requirement met? 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. Is this requirement met? 7 YES NO 3. Characteristic features of the original building shall not be destroyed or obscured. Is this requirement met? 4. Additions shall be designed and constructed so that the basic form and character of the historic building will remain intact if the addition is ever removed. Is this requirement met? 5. Additions shall not introduce a new architectural style, mimic too closely the style of the existing building nor replicate the original design,but shall be coherent in design with the existing building. Is this requirement met? 6. Additions shall be secondary and subordinate to the main mass of the historic building and shall not overwhelm the original building. Is this requirement met? 8 9 CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ORDER ? ( S� L �In Re: j 5nt /`Vr "-/- (applican t's name and address) ORDER Followingconsideration of all the evidence and testimonypresented at the V606 (date) meeting before the Historic Preservation Board for the City of Delray Beach and pursuant to Section(s) 2.4.6(H), 4.5.1 and/or 4.5.1(J) of the Land Development Regulations and the Comprehensive Plan of t e City of Delray Beach, the Historic Preservation Board finds that there is arnee and competent substantial evidence to support its findings that the application for (f)'-� Ni-- \f Q�1S on the property referenced above is hereby granted��/ denied by a vote of 1,1 - I €o{/v.A--i b� 3 - z vJaiveAA Pursuant to LDR Sections 2.4.7(E)(1) and 2.4.7(E)(3)(a), a decision of the Historic Preservation Board may be appealed to the City Commission so long as a letter of appeal is received by the City Clerk within ten (10) working days of the action being appealed. Based on the entire record before it, the Historic Preservation Board adopts this Order this day of , 20 . Chair Historic Preservation Board copies to: (applicant) 3 Pel9 II -I- WAIVERS Pursuant to LDR Section 2.4.7(B)(5), in order to grant a waiver, the approving body m make findings on the following: NO ( I? iN 1. Does the waiver affect the neighboring area?WCtig 2. Does the ei significantly diminish the provision of public facilities? 3 Does the waiver create an unsafe situation? 4. Does the result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner? cctl WAIVERS Pursuant to LDR Section 2.4.7(B)(5), in order to grant a waiver, the approving body must make findings on the following: YES NO 1. Does the waiver affect the neighboring area? 2. Does the wavier significantly diminish the provision of public facilities? !;' 3. Does the waiver create an unsafe situation? 4. Does the wavier result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner? CITY OF DELRAY BEACH HISTORIC PRESERVATION BOARD ORDER In Re: (4/ . l2GL{ gi . 7//7 , a &_. (applicant's name and address) ORDER Following consideration of all the evidence and testimony presented at the G,`i LoO,P' (date) meeting before the Historic Preservation Board for the City of Delray Beaefi and pursuant to Section(s) 2.4.6(H), 4.5.1, and/or 4.5.1(J) of the Land Development Regulations and the Comprehensive Plan of the City of Delray Beach, the Historic Preservation Board finds that there is Ample a d competent substantial evidence to support its findings that the application for CO tc" GPOY ,i2 ;) /loi?-dl� er6 a/Ion the referenced above is herebygranted denied by a vote of S - 0 . property Pursuant to LDR Sections 2.4.7(E)(1) and 2.4.7(E)(3)(a), a decision of the Historic Preservation Board may be appealed to the City Commission so long as a letter of appeal is received by the City Clerk within ten (10) working days of the action being appealed. Based on the e tire record before it, the Historic Preservation Board adopts this Order this (( day of n ,S,T , 20O . . 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