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HPB 11-14-07 <4 0.0 AGENDA vt. � u HISTORIC PRESERVATION BOARD MEETING AY��' CITY OF DELRAY BEACH Meeting Date: November 14, 2007 Time: 6:00 P.M. Meeting Type: Regular Meeting Location: First Floor Conference Room, City Hall The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program,or activity conducted by the City. Please contact Doug Smith at 243-7144 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. If a person decides to appeal any decision made by the Historic Preservation Board with respect to any matter considered at this meeting or hearing,such persons will need a record of these proceedings,and for this purpose such persons may need to ensure 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. DISCUSSION ITEMS A. Review of City initiated amendments to the Land Development Regulations (LDRs) which intend to clarify the current regulations, provide parameters, and define compatible development within the historic districts. The amendments are based on recommendations provided by REG Architects, Staff, local architects, and City Advisory Boards relating to concerns over the level and type of development affecting historic preservation efforts within all five (5) of the City's historic districts. III. REPORTS AND COMMENTS • Public Comments • Reports from Historic District Representatives • Board Members • Staff IV. ADJOURN A ovy E. ALvare/k Amy E. Alvarez, Historic Preservation Planner Posted On: November 9,2007 DRAFT - NOVEMBER 12, 2007 ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS", SUBSECTION (H), "CERTIFICATE OF APPROPRIATENESS FOR HISTORIC SITES, S TRUCTURES, AND IN HISTORIC DISTRICTS", BY PROVIDING DOCUMENTATION FOR DEMOLITIONS; AMENDING SECTION 3.2.4, "STANDARDS FOR SPECIFIC AREAS OR PURPOSES", SUBSECTION 3.2.4(E), "HISTORIC DISTRICTS AND SITES", PROVIDING FOR AND INCORPORATING THE DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES AND THE SECRETARY OF THE INTERIOR STANDARDS FOR REHABILITATION; AMENDING SECTION 4.1.4, "USE OF LOTS OF RECORD", SUBSECTION 4.1.4(E), TO PROVIDE FOR VARIANCES; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (Q), "GUEST COTTAGE" TO PROVIDE THAT HEIGHT SHALL NOT EXCEED THAT OF MAIN STRUCTURE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTIONS 4.4.17(A), "PURPOSE AND INTENT", AND 4.4.17(G), "SUPPLEMENTAL DISTRICT REGULATIONS", PROVIDING FOR PARKING REQUIREMENTS FOR CONVERSION OF RESIDENTIAL STRUCTURES INTO OFFICE USE IN HISTORIC DISTRICTS; AMENDING SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTIONS 4.4.24(D), "CONDITIONAL USES" AND 4.4.24(H), "SPECIAL DISTRICT REGULATIONS", PROVIDING PUBLIC PARKING LOTS NOT ASSOCIATED WITH A USE ARE ALLOWED AS CONDITIONAL USES AND CLARIFYING SPECIAL DISTRICT REGULATIONS; AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION 4.5.1(B), "CRITERIA FOR DESIGNATION OF HISTORIC SI TES OR DISTRICTS", 4.5.1(E), "DEVELOPMENT STANDARDS", 4.5.1(F), "RESTRICTIONS ON DEMOLITIONS", 4.5.1(I), "HISTORIC PRESERVATION BOARD TO ACT ON SITE PLANS,LANDSCAPE PLANS AND ARCHITECTURAL ELEVATIONS", AND 4.5.1 (L), "DESIGNATION OF HISTORIC DISTRICTS", BY PROVIDING CLARIFICATION REGARDING FENCES AND PARKING IN HISTORIC DISTRICTS, COMPATIBILITY STANDARDS, ADDITIONAL REQUIREMENTS 1 ORD. NO. 68-06 I DRAFT - NOVEMBER 12, 2007 FOR DEMOLITION APPLICATIONS AND NAMES OF HISTORIC DISTRICTS; AND AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE A NEW DEFINITION FOR "HARDSCAPE", AND ADDING A DEFINITION OF "COMMERCIAL S 1'RUCTURES"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health, safety and welfare of its citizens;and WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations pertaining to land use and development within the City of Delray Beach;and WHEREAS, the City Commission of the City of Delray Beach believes that protecting and preserving historic properties/districts furthers its goals of promoting health, safety and welfare by preserving the history of the City for the welfare of future generations;and WHEREAS, the City Commission of the City of Delray Beach desires to preserve the property values of all land owners in historic districts and/or individually designated historic properties;and WHEREAS, the City Commission of the City of Delray Beach desires to clarify the language in its Land Development Regulations pertaining to historic properties/districts in order to provide guidance for those citizens that live or own property in historic properties/districts. WHEREAS, the City Commission desires and intends for the Historic Preservation Board to have wide discretion to limit overlay and zoning district requirements fettered by the limitations provided in this ordinance pertaining to visual compatibility standards including but not limited to: height, width, scale, mass, façade, openings,rhythm,materials, color,texture,roof shapes direction,lot coverage and square footage;and WHEREAS, the City Commission desires and intends that the limitations provided in the overlay and zoning district regulations shall serve as a maximum upper limit and these Historic Preservation Design Guidelines codified in this ordinance shall provide additional limitations that may be considered and applied to properties within all historic districts in the City of Delray Beach. 2 DRAFT - NOVEMBER 12, 2007 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DPI RAY BEACH,FLORIDA,AS FOLLOWS: Section 4. That Section 2.4.6, "Procedures for Obtaining Permits", Subsection (H), "Certificate ofv; Appropriateness for Historic Sites, Structures and in Historic Districts", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida is hereby amended to read as follows: Section 2.4.6 Procedures for Obtaining Permits: (H) Certificate of Appropriateness for Individually Designated Historic Structures, Sites and all Properties Located within in Historic Districts: (1) Rule: A Certificate of Appropriateness shall be required for the following activities which occur on a designated historic site, designated historic interiors, or within designated historic districts: (a) Any site plan development application which is processed under these regulations for which action is required by the Planning and Zoning Board. (b)(a) Any development application which is processed under these regulations for which action is required by the Site Plan Review and Appearance Board or the Board of Adjustment; and in such case, the Historic Preservation Board shall act in-lieu of such Board. (c)(b) Any building, structure, appurtenance, improvement, or landscape feature, which will be erected, altered, restored, renovated, excavated, relocated, or demolished and which regards any exterior architectural features (and interior architectural features in the case of designated historic interiors), landscape features, or site improvements, except for those items specifically exempted by a list promulgated by the Director. {d)(c) A Certificate of Appropriateness shall also be required for aAny material change in existing walls, fences, sidewalks, hardscape features,and changes of color. A Certificate of Appropriateness is not required for general, occasional maintenance of any historic building, interior, structure, or site, or any building or structure within a historic district or in kind replacement of materials or colors. General, occasional maintenance shall include, but not be limited to lawn and landscaping care and minor repairs that restore or maintain the historic site or current character of the building or structure. General, occasional maintenance shall not include any of the activities described and defined in divisions (1) (a) through (1) (c) of this Section. A Certificate of Appropriateness will not be required for any interior alteration construction, reconstruction, restoration, renovation, or demolition for any interior alteration (except for designated historic interiors). General, occasional maintenance and repair shall also include any ordinary maintenance which does not require a building permit from the City. 3 ORD. NO. 68-06 DRAFT - NOVEMBER 12, 2007 (2) Required Information: (a) Referred Development Applications: When an item is before the (b)(a) Application: When an item goes before the Historic Preservation Board or is reviewed administratively and it is not associated with any land development application, the following information in the form of photographs or plans shall be provided, as applicable: {a) 1. Site plan and/or survey; (b)2. Building elevations, and/or architectural drawings, and/or artistic sketches or renderings; (c) 3. Landscaping plan; (d)4. Floor plan(s); {e)5. Samples of building materials and color chips; (f 6. Engineering reports, as applicable; -(e 7. Other material as may be requested by the Historic Preservation Board. Demolition Plans; z/8. Window and door schedule providing specifications, to include but not be limited to, window type, material, configuration, dimensions, and profile drawings; 19. Photographs of all existing elevations of the subject property, labeled with cardinal direction and address; J10. Other material as may be requested by the Planning and Zoning Department or Historic Preservation Board. Also, a standard COA application form, accompanied by payment of a processing fee per 2.4.3(K)must be provided. (b) Class I-Class V Site Plan Applications: Applications for Class I- / Class V Site Plans shall be submitted in accordance with Section 2.4.3 in conjunction / with the applicable information as required for a COA provided in (a),above. 4 ORD. NO. 68-06 DRAFT - NOVEMBER 12, 2007 (3) Procedure: (a) Referred Development Applications: The Certificate of Appropriateness process shall be incorporated with the normal processing of a Zoning Department shall notify the Historic Preservation Board of required C.O.A. (b)(a) gene Applications Reviewed by the Historic Preservation Board: An application for a COA which does not require review or action by another Beams that requires Board approval as provided in the COA approval matrix set forth in the Delray Beach Historic Preservation Design Guidelines, as amended from time to time shall be scheduled for review and action at the next available meeting of the Historic Preservation Board, at which time an action of approval,denial, or approval of a modified application, continuance with direction, or denial may be taken. The Historic Preservation Board shall apply applicable ordinances, Delray Beach Historic Preservation Guidelines and the Secretary of the Interior's Standards for Rehabilitation. (b) Administratively-Reviewed Applications: An application for a COA / which does not require approval by the Historic Preservation Board as provided in the COA approval matrix, as amended from time to time, set forth in the Delray Beach Historic Preservation Design Guidelines may be approved administratively in accordance with applicable ordinances, Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (4) Conditions: Conditions may be imposed pursuant to 2.4.4(C) and to insure compliance with the Standards contained in 4.5.1. (5) Findings: The Board must make 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 Standards for Rehabilitation. f Section 5. That Section 3.2.4, "Standards or Specific Areas or Purposes", Subsection 3.2.4(E), "Historic Districts and Sites", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach,Florida,is hereby amended to read as follows: 5 ORD. NO. 68-06 DRAFT - NOVEMBER 12, 2007 /Section 3.2.4 Standards for Specific Areas or Purposes: (E) Historic Districts ate-Sites: That the proposed development is consistent with the purpose and provisions of the Historic Preservation Overlay District pursuant to LDR Section 4.5.1. and the Delray Beach Historic Preservation Design Guidelines and the Secretary of the Interior Standards for Rehabilitation. Section 6. That Section 4.1.4, "Use of Lots of Record", Subsection 4.1.4(E), of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach,Florida,is hereby amended to read as follows: Section 4.1.4 Use of Lots of Record: Any lot, or parcel,which qualifies as a lot of record as set forth in these Regulations,but which does not comply with respect to minimum lot area and minimum lot dimensions specified for the zoning district in which it is located, may nevertheless be used (for purposes as allowed in that zoning district), as long as it complies with all other requirements of that zoning district,subject to the following limitations: (E) A variance for lot size, dimension and setbacks may be granted for the relocation of a historic structure onto a lot in order to protect the structure. If the relocation lot is not individually designated historic or located within a historic district, then individual historic designation shall be required in accordance with Section 4.5.1(C) and shall be reviewed concurrently therewith in order for a variance to be granted. All variance requests for relocation of historic structures must be submitted to the Historic Preservation Board in accordance with Sections 4.5.1 (D) and (j) for consideration. Section 7. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (Q), "Guest Cottage", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida,is hereby amended to read as follows: Section 4.3.3 Special Requirements for Specific Uses: (Q) Guest Cottage: (1) Can only be used by members of the family occupying the principal dwelling, their nonpaying guests,or persons employed for service on the premises. (2) The structure shall not occupy more than 1/20t of the lot area and in no case shall exceed a floor area of 700 square feet. (3) The guest cottage Gtructure shall be located to observe the setback requirements as imposed for the principal structure. / (4) When located on individually designated historic properties or within designated historic districts, the structure shall not exceed the height of the principal structure. 6 ORD. NO. 68-06 DRAFT - NOVEMBER 12, 2007 V Section 8. That Section 4.4.17, "Residential Office (RO) District", Subsections 4.4.17(A), "Purpose and Intent" and 4.4.17(G), "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida,are hereby amended to read as follows: Section 4.4.17 Residential Office (RO) District: (A) Purpose and Intent: The Residential Office (RO) District provides for mixed use of a neighborhood office and residential nature. The RO District is appropriate as: (1) A transitional land use between a commercial or industrial area and a residential area. (2) An incentive zoning in older residential areas which are in the need of redevelopment or revitalization or are in a state of transition. (3) To accommodate professional offices which will meet needs of nearby neighborhoods. (4) An incentive zoning designation for historic districts and/or individually designated historic properties to provide for the rehabilitation of residential structures into office use. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified and added pursuant to the following: (1) All uses shall be in completely enclosed buildings and any outdoor storage is expressly prohibited. (2) Parking required for business and professional offices shall be at the standard of one space per three hundred square feet of total floor area (1/300). However, this requirement may be reduced to 1/400, or at least by one parking space, when there is a mix of residential and office use in the same structure or for an existing structure on a property located within a designated historic district or an individually designated historic site. Section 9. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsections 4.4.24(D), "Conditional Uses and Structures Allowed" and 4.4.24(H), "Special District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as follows: • Section 4.4.24 Old School Square Historic Arts District (OSSHAD) (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: (1) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. 7 ORD. NO. 68-06 DRAFT - NOVEMBER 12, 2007 (2) Adult Congregate Living Facilities, Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care, Continuing Care, Convalescent Homes,and Nursing Homes. (3) Public Parking lots not associated with a use. (4) Residential-type inns, not to exceed more than eighteen (18) individually leased suites or rooms per acre. (5) Group Home, Type 2, and Community Residential Homes, pursuant to l(H) set forth in Section 4.3.3(I). Special District Regulations: (1) The gross floor area of residential units within a structure containing permitted non-residential use(s) shall not use exceed more than 50% of the gross floor area of the entire structure within which they are located. Section 10. That Section 4.5.1, "Historic Preservation Sites and Districts", Subsections 4.5.1(B), "Criteria for Designation of Historic Sites or Districts", 4.5.1(E), "Development Standards", 4.5.1(F), "Restrictions on Demolitions", 4.5.1(I), "Historic Preservation Board to Act on Site Plans, Landscape Plans, and Architectural Elevations", and 4.5.1(L), "Designation of Historic Districts" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended to read as follows: 4x Section 4.5.1 Historic Preservation Sites and Districts: (B) Criteria for Designation of Historic Sites or Districts: (1) To qualify as a historic site, or—historic district, historic structure,er historic interior,individual properties, structures, sites, or buildings, or groups of properties, structures, sites, or buildings, must have significant character, interest, or value as part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation.To qualify as a historic site,er historic district or historic structure, the property or properties must fulfill one or more of the criteria set forth in division (2) or (3) below; to qualify as a historic interior, the interior must fulfill one or more of the criteria set forth in division (2) and meet the criteria set forth in divisions (3) (b) and (3) (d). (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 these regulations, the Comprehensive Plan, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. 8 ORD. NO. 68-06 DRAFT - NOVEMBER 12, 2007 (1) Exterior Architectural Features. For the purpose of this Section, exterior architectural features will 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 as noted in the following table: Review Type by Use and Zoning District Zoning - - New Modification of Contributing Structures Modification of Non-Contributing District Use Construction Structures Under 25% Over 25% Under 25% Over 25% CBD&CF Multi-Family Minor Minor Minor Minor Minor Non-Residential Minor Minor Minor Minor Minor R-1-A,R-1-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.— I 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 in excess of twenty-five percent (25%) of the existing floor area of the building or the average floor area of the structures in the district whichever is less and all appurtenances except for properties zoned CBD or CF and properties zoned OSSHAD subject to CBD regulations; 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 2007;or, 9 ORD. NO. 68-06 DRAFT - NOVEMBER 12, 2007 3. The construction, reconstruction, or alteration of any part of the front facade of an existing contributing residential or non residential structures and all appurtenances except for properties zoned CBD or CF and properties zoned OSSHAD subject to CBD regulations; 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 2007. r B. Minor development shall be considered: 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 facade of an existing noncontributing residential or non residential structures and all appurtenances;or, 4. The construction, reconstruction, or alteration that are less than twenty-five percent (25%) of the existing floor area of the building or the average floor area of the structures in the district whichever is less, 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 2007. 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. 10 ORD. NO. 68-06 -(2)(3) Buildings, Structures, Appurtenances and Parking. The following 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) Buildings, structures,appurtenances. (b)(a) Appurtenances_ Appurtenances includes, but is are not limited to, stone walls,fences,light fixtures, steps,paving,sidewalks, signs,and accessory structures. a.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. c. Fences and walls over four feet (4'1 shall not be allowed in front or side street setbacks. ii 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: i. The orientation of garages and carports shall be consistent with the majority of such structures within the district. 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. ii. Properties in historic districts shall only have one (1) garage per dwelling unit with a maximum holding capacity of two (2)vehicles. iu. Garages 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. 11 ORD. NO. 68-06 &(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 rather than detract by use of creative design and landscaping 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 driveway expansions 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 and which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation Design Guidelines. (3) (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. (1) (5) Standards and Guidelines. A historic site, or building, structure, sitc, 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. 12 ORD. NO. 68-06 (5) (6) Relocation. Relocation of historic buildings and structures to other sites shall not take place unless it is shown that their preservation on their existing or original sites is not consistent with the purposes of this Section or would cause undue economic hardship to the property owner. {6) Demolition. Demolition of historic sites, or archaeological sites, or buildings, structures,improvements,and appurtenances within historic districts will shall be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Demolition applications shall be accompanied by a complete application for redevelopment of the property. Approvals for demolition shall not be granted until the redevelopment application has been approved. The demolition shall not occur until after a building permit has been issued for the redevelopment. (7) The construction of new buildings or structures, or the relocation, alteration, the exterior appearance of an existing non contributing building. Any material change in the exterior appearance of any exisg non eotitributing 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 (8) Visual Compatibility Standards. 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 with regard to height,width, mass, scale facade, openings, rhythm, material, color, texture, roof shape direction, lot coverage and square footage. The Historic Preservation Board may apply more restrictive standards to achieve compatibility than the maximums identified in the zoning district regulations' Visual compatibility for minor and major development as referenced in Section 4.5.1(E) (2) shall be determined by utilizing criteria contain in (a)-(n) below. Visual compatibility for all development on individual historically designated properties all improvements to buildings, structures, and appurtenances within a designated historic district shall be determined by comparison to structures within the site. . Visual compatibility shall be determined (a) Height: The height of proposed buildings or modifications shall be visually com atible in comparison or relation to the height of existing structures and buildings in a historic district for all minor development. Visual compatibility of height for major development 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 13 ORD. NO. 68-06 grade of the adjacent street along the lot frontage. The inclined angle shall be established at a two to one (2:1) ratio for all residential uses as defined by 4.5.1(E)(2)(a). See examples below. W: rNO BUILD ,-MAX 35' HT. ZONE �I I of 225t FuSTORIC al 1 2 STORY HT. I 17.5' REAR ¢I 4..�.1� t5• /SETBACK ul 12.5' f-300'/ 35.0'— 150.0' BUILDING HEIGHT PLANE AT 2:1 RATIO 2. First Floor Maximum Height: a. Single-story or first floor limits for residential structures shall be established by: i. Height from finished floor elevation to top of beam (tie or bond) shall not exceed twelve feet(12'). ii. Mean Roof Height shall not exceed sixteen feet (16'). Any portion exceeding the dimensions described in i. and ii above shall be considered multi-story structures. iv. See example below: 12 ROOF PITCH MAY VARY -----MEAN ROOF HT 'TOP OF BEAM N r( `.... ; F.F.E. 14 ORD. NO. 68-06 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'). 4. Number of Stories: Number of stories shall be within a half story of the average number of stories of existing single-family structures within the historic district. Example: If the district average was 1.2 stories (1,000 ground floor, 200 sq. ft. second story this could be increased to 1.7 stories (1,000 ground floor,700 sq. ft. second story). Any increases in lot coverage granted to promote one story additions, limit second story additions, or promote additions to contributing structures shall not utilized in establishing the second floor area. (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 a the subject historic district. c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by the 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 within the district shall be visually compatible within the subject historic district. (d) Rhythm of Solids to Voids; Front Faea es: The relationship of solids to voids in the front facade of a building or structure will shall be visually compatible with the front facades of historic existing buildings or structures within the 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 historic sites, existin buildings; or structures within a historic district. (t) 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 the prevalent existing architectural styles of entrances and porch projections on historic sites, existing buildingsand structures within a historic district for all development. (g) Relationship of Materials, Texture, and Color: The relationship of 15 ORD.NO. 68-06 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 sitcs, buildings; and structures within a historic district. 1. All exterior finishes shall be either brick, stone, masonry, wood, masonry composite, or such other similar exterior finish as may be approved by the Historic Preservation Board. (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of historic sites, buildings, or structures within the subject a-historic district. 1. For major development, where a majority of existing structures within the historic district have a roofline that is parallel to the street, the resulting structure shall be so oriented. Where the main roofline of a majority of the existing structures in the historic district runs perpendicular to the street, the resulting structure shall be so oriented. (i) Walls of Continuity: Appearances of a building or structure such as wWalls, , fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to iensure visual compatibility ceding to historicbuildings; or structures, or sites within the historic district and the structure to which it is visually related. 0) 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. Development proposals related to an existing structure, such as an addition, or on a property where a separate structure exists must also be consistent with the architectural style of the existing structure and shall not mimic too closely the style of the existing building nor replicate the original design, but shall be coherent in design with the existing building. (j) (k) Scale of a Building: The size of a building, the building mass in relation to open spaces, windows, door openings, balconies, and porches, and lot size shall be visually compatible with the building size and building mass of historic :,ites, 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 60% or wider than the lot width, a portion of the front facade must be setback a minimum of 7 additional feet from the front setback line: a. Lots 65 feet or less in width are exempt from this 16 ORD. NO. 68-06 (-C2J 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. 2. > For buildings 50% or deeper than the lot depth,a portion of each side facade must be setback a minimum of 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 50%and subtract the required minimum front and rear setbacks (example: 120'lot depth x 50% = 60'-25' front yard setback- 10'rear setback= 25'). b. Any part or parts of the side facades may be used to meet this requirement. (k) (1) Directional Expression of Front Elevation:A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development.in with regard to its directional character,whether vertical;or horizontal,-er neneetienal. .1}-(m) Lot Coverage: Lot Coverage is the area or "foot print" in the ground plane within the building envelope occupied by the principal structure and any accessory structures. Usually expressed as a percentage, the following lot coverage requirements shall be applied to achieve compatibility and be determined by dividing the total square feet under roof on the ground plane (building footprint) by the lot size (converted to square feet),see example below: 1. Example:2,625 Sq. Ft. on the ground plane-7,500 Sq. Ft.(75'x 100'lot size)= 35%Lot Coverage. 2. The maximum lot coverage for all new development or additions to noncontributing structures shall be as follows: a. For lots within the Marina Historic District which abut the Intracoastal Waterway, maximum lot coverage shall be thirty percent (30%). 17 ORD. NO. 68-06 b. For lots within other districts, the maximum lot coverage shall be limited to the lesser of one (1) of the following: i. The average lot coverage of the historic district or ii. Thirty-five percent (35%) for Nassau Street Historic District;or iii. Thirty percent (30%) for Del-Ida Park, West Settlers, Old School Square, and Marina Historic Districts (except for those properties that abut on the Intracoastal Waterway within the Marina Historic District, which are addressed under Section 4.5.1 E (8)0) 2.a. above). c. To minimize second story floor area and to encourage one story additions in all districts, an additional five percent (5%) lot coverage above the amount established in 4.5.1 (E)(8)(m)(2)(a) and (b) above shall be allowed, however the maximum second floor area shall be reduced by this additional amount. 3. Additions to contributing structures may increase lot coverage an additional five percent (5%) above the amount established in 4.5.1 (E)(8)(m)(2) above but shall not exceed the following thresholds: a. Forty percent (40%) for Nassau Street Historic District; and b. Thirty-five percent (35%) for Del Ida Park, Marina, West Settlers,and Old School Square Historic Districts. (IV (-na)-(n) Additions to Individually Designated Properties and to Existing Contributing and Non-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 inconspicuously as possible. 2. Additions or accessory structures shall not be located in front of the established front wall plane of a historic building. 3. Characteristic features of the original building shall not be destroyed or obscured. 18 ORD. NO. 68-06 4. The addition 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 hi oric b ding and shall not overwhelm the original building. (9) Visual compatibility standards will be further discussed in greater detail in the-Delray Beach Preservation and Conservation Manual. Said Manual will be developed as a guide to assist property owners as they seek to nominate their properties for (9) Visual Compatibility Incentives. In order to provide design flexibility for residential structures that otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1(E)(8), incentives for development shall include the following: a. Open Air Spaces: The ratio of the Building Height Plane (BHP) can increase from two to one (2:1) to two to one and a half (2:1.5) for open air spaces limited to: first or second floor front porches (separation must be provided between floors), first or second floor side porches (separation must be provided between floors), balconies, and overlooks with open railings (see example below); and ' ,4 llini11U i1Aa1�� far-O4i in -m=1i�m �!�" Ily L( --E2v�ntals .vrai,a -wyy f---,_-.-_,-10. , 4 - • tr" :. 'aGi*� !Utta! a I3I p I BUILDING HEIGHT PLANE NORTH (SIDE) ELEVATION b. Square Footage: 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 19 ORD. NO. 68-06 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 example below. 4 ► —35'MAX. l� ` > ' . It 'i&€I in 'o� �_1 u_ 9pY' ,O BtiBf:iii tiii[!1 r'4 i$a li E7 . - atlfUliluUTCE I �'!U !Uament 3121., f,I • SIDE VIEW IF CAM BE ABOVE BUILDING HEIGHT PLANE WITHIN BUILDING NEfO!(T'PLANE i 35'MAX. , • O=ALLOWED ABOVE BHP, _ 7 NOT TO EXCEED 35'MAX t �4,3tiic ONEOF .- EHONTEACADEp) 0=MUST BE UNDER BHP ��}y,� YA{N}t AYG0.Y =` J=25% OR MORE OF FRONT i i$�t ''� FACADE(S)MUST REMAIN s ";;iS'E` 1 STORY iktpi r ly I !R� FRONT VIEW (I) Historic Preservation Board to Act on Site Plans, Landscape Plans, and Architectural Elevations: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all development applications,within a Historic District or on a Historic Site, subject to processing under Sections 2.4.5(F), (G), (H), and (I) which otherwise would be acted upon by the Site Plan Review and Appearance Board . (L) Designation of Historic Districts: The following Historic Districts are hereby affirmed or established: (1) THE NASSAU STREET HISTORIC DISTRICT which consists of Lots 2- 19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida; Lots 1-12 of Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book 21, page 95 of Palm Beach County, Florida. (Original designation by Ordinance 97-87 adopted on January 12, 1988) (2) THE MARINA DISTRICT which consists of Block 125, excluding the south 350' of the north 488.6' of the west 100' of Block 125, along with that part of Block 133 lying west of the Intracoastal Waterway, together with the east half of Block 118, along with all of 20 ORD. NO. 68-06 Block 126, together with that portion of Block 134 lying west of the Intracoastal Waterway, along with east half of Block 119, together with all of Block 127, along with the east half of Block 120, and all of Block 128,all within the Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records (Original designation by Ordinance 156-88 adopted on December 20, 1988) (3) DEL-IDA PARK which consists of Blocks 1 through 13, inclusive, along with Tracts A, B, and C DFT-IDA PARK, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida recorded in Plat Book 9 at Page 62 (Original designation by Ordinance 9-88 adopted on March 22, 1988) (4) OLD SCHOOL SQUARE which consists of the south one-half of Block 57 and Blocks 58-62, Blocks 65-70, the west half of Blocks 74 and 75, and Lots 1-6 of Block 76, Town of Linton Plat, as recorded in Plat Book 1, Page 3, Palm Beach County Records. (Original designation by Ordinance 1-88 adopted on February 9, 1988). (5) THE WEST SETTLERS HISTORIC DISTRICT is bounded on the north by Martin Luther King,Jr. Boulevard (N.W. 2nd Street). The eastern boundary is as follows: the alley running north and south in Block 43; N.W. 3rd Avenue between N.W. 1st Street and the east-west alley of Block 36. The southern boundary is N.W. 1st Street between N.W. 3rd Avenue and the alley in Block 43; the east-west alley in Block 36 and Block 28 and the south property line of Lot 13, Block 20. The western boundary is the north-south alley and the eastern one-half (1/2) of the block south of the alley of Block 19; the north-south alley in the north half of Block 20. Section 11. That Appendix"A", "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach,Florida,is hereby amended to read as follows: CONTRIBUTING BUILDING—A building contributing to the historic significance of a district which is typically more than fifty (50) years old and which by virtue of its location, design, setting, materials, workmanship, or association with local historic events or personalities lends to the district's sense of time and place within the context of the intent of historic preservation. HARDSCAPE — Consists of the inanimate elements of landscaping, especially masonry or wood work such as concrete or brick patios, tile paths and wooden decks. Section 12. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 13. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 21 ORD. NO. 68-06 Section14. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOP 1'k D in regular session on second and final reading on this day of ,2007. MAYOR ATIhST: City Clerk First Reading Second Reading 22 ORD. NO. 68-06 HPB Review Related LDR Text Amendments Tentative Review Schedule Review Body Meeting Date Time Notes: Planning & Zoning Board (Special Meeting) , November 12, 2007 6:00 pm Workshop to Review Ordinance Historic Preservation Board November 14, 2007 6:00 pm Workshop to Review Ordinance Planning & Zoning Board(Special Meeting) December 3, 2007 6:00 pm Recommendation to City Commission Historic Preservation Board December 6, 2007** 6:00 pm Recommendation to City Commission DDA (Downtown Development Authority) December 10, 2007 12:00 pm Recommendation to City Commission City Commission December 11, 2007 6:00 pm 1st Reading WARC (West Atlantic Review Committee) December 12, 2007 5:30 pm Recommendation to City Commission CRA (Community Redevelopment Agency) December 13, 2007 5:30 pm Recommendation to City Commission City Commission January 3, 2008 6:00 pm 2nd Reading **The Historic Preservation Board Meeting of December 6, 2007 will be held on a Thursday. Note: The Pineapple Grove Main Street will not hold a meeting during this review period. DELRAY BEACH 'All-America L R D All-America City 1991 2001 SIGN IN SHEET Regular Historic Preservation Board Meeting November 14, 2007 PRINT FULL NAME ADDRESS OR ITEM NO. ORGANIZATION j1)1 - 40c V , RO Ike 1A 1 V c r 4 r su n— fie,r,,n'ndt 7 e Pucy- p ,--z 8,,,_,2„0 31q4k. s la) A (Sw, , Au-L... //'4' 7 ! C LJ o# _z // CO 4-- �� v / g/C}-10/ /2/02_? - - /3/��p f ./ c72 cc- ) -- I / G2 , c> c 3.-- -44 AAA f / - _,c i . 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