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HPB-03-07-07 REVISION NO. 3 c x AGENDA • qy� � HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: March 7, 2007 Type of Meeting: Regular Meeting Location: City Commission Chambers Time: 6:00 P.M. 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 AND ACTION ITEMS A. Forward a recommendation to the City Commission for 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 primarily based on recommendations provided by REG Architects, the consultants hired during the moratorium to find resolutions to the recent concerns over the level and type of development affecting historic preservation efforts within all five (5)of the City's historic districts. III. CERTIFICATES OF APPROPRIATENESS • A. 1180-1190 Nassau Street, Nassau Park Historic District — Scott C. Gallivan, Trustee & Ronald B. Buchanan,Trustee;Weiner&Aronson, P.A., and Simon & Schmidt,Authorized Agents. Consideration of a Class II Site Plan Modification and Certificate of Appropriateness .(2007-044-SPI) associated with exterior alterations to a non-contributing structure. B. 238 SE 7th Avenue, Marina Historic District — Mr. & Mrs. Dan Dietrich, Property Owners; Eliopolous Architecture, Authorized Agent. THIS ITEM HAS BEEN POSTPONED BY THE APPLICANT UNTIL MARCH 21, 2007 Consideration of a Certificate of Appropriateness (2007-098) associated with the new construction of a garage/guest cottage. C. 706 SE 2"d Street, Marina Historic District - Dana Parham, Property Owner; Mark Krall, Authorized Agent; Francisco Perez, Applicant. THIS ITEM HAS BEEN POSTPONED BY THE APPLICANT UNTIL MARCH 21, 2007 Consideration of a Certificate of Appropriateness (2007-070) associated with the new construction of a single-family dwelling. D. 213 SE 7th Avenue, Marina Historic District — Dana Parham, Property Owner; Mark Krall, Authorized Agent; Francisco Perez,Applicant. THIS ITEM HAS BEEN POSTPONED BY THE APPLICANT UNTIL MARCH 21, 2007 Consideration of a Certificate of Appropriateness (2007-069) and waiver request associated with the demolition of a non-contributing structure and new construction of a single-family dwelling. IV.REPORTS AND COMMENTS • Public Comments • Reports from Historic District Representatives • Board Members • Staff V. ADJOURN iyuf S. 7Rri trig Amy E.Alvarez Historic Preservation Planner Reposted on: March 6, 2007 • °'e, REVISION 2 = AGENDA 144r ‘•�P HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: March 7, 2007 Type of Meeting: Regular Meeting Location: City Commission Chambers Time: 6:00 P.M. 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 AND ACTION ITEMS A. Forward a recommendation to the City Commission for 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 primarily based on recommendations provided by REG Architects, the consultants hired during the moratorium to find resolutions to the recent concerns over the level and type of development affecting historic preservation efforts within all five (5) of the City's historic districts. III.CERTIFICATES OF APPROPRIATENESS A. 1180-1190 Nassau Street, Nassau Park Historic District — Scott C. Gallivan, Trustee & Ronald B. Buchanan, Trustee; Weiner&Aronson, P.A., and Simon & Schmidt, Authorized Agents. Consideration of a Class II Site Plan Modification and Certificate of Appropriateness (2007-044-SPI) associated with exterior alterations to a non-contributing structure. B. 238 SE 7th Avenue, Marina Historic District — Mr. & Mrs. Dan Dietrich, Property Owners; Eliopolous Architecture, Authorized Agent. THIS ITEM HAS BEEN POSTPONED BY THE APPLICANT UNTIL MARCH 21, 2007 Consideration of a Certificate of Appropriateness (2007-098) associated with the new construction of a garage/guest cottage. C. 706 SE 2nd Street, Marina Historic District - Dana Parham, Property Owner; Mark Krell, Authorized Agent; Francisco Perez, Applicant. Consideration of a Certificate of Appropriateness (2007-070) associated with the new construction of a single-family dwelling. D. 213 SE 7th Avenue, Marina Historic District— Dana Parham, Property Owner; Mark Kral!, Authorized Agent; Francisco Perez, Applicant. Consideration of a Certificate of Appropriateness (2007-069) and waiver request associated with the demolition of a non-contributing structure and new construction of a single-family dwelling. IV.REPORTS AND COMMENTS • Public Comments • Reports from Historic District Representatives • Board Members • Staff V. ADJOURN >44ey E, rieraiteff Amy E. Alvarez Historic Preservation Planner Reposted on: March 5, 2007 °A REVISION 2 = AGENDA 4* s<CP HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: March 7, 2007 Type of Meeting: Regular Meeting Location: City Commission Chambers Time: 6:00 P.M. 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 AND ACTION ITEMS A. Forward a recommendation to the City Commission for 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 primarily based on recommendations provided by REG Architects, the consultants hired during the moratorium to find resolutions to the recent concerns over the level and type of development affecting historic preservation efforts within all five (5) of the City's historic districts. III.CERTIFICATES OF APPROPRIATENESS A. 1180-1190 Nassau Street, Nassau Park Historic District — Scott C. Gallivan, Trustee & Ronald B. Buchanan, Trustee; Weiner &Aronson, P.A., and Simon & Schmidt, Authorized Agents. Consideration of a Class II Site Plan Modification and Certificate of Appropriateness (2007-044-SPI) associated with exterior alterations to a non-contributing structure. B. 238 SE 7th Avenue, Marina Historic District — Mr. & Mrs. Dan Dietrich, Property Owners; Eliopolous Architecture, Authorized Agent. THIS ITEM HAS BEEN POSTPONED BY THE APPLICANT UNTIL MARCH 21, 2007 Consideration of a Certificate of Appropriateness (2007-098) associated with the new construction of a garage/guest cottage. C. 706 SE 2nd Street, Marina Historic District - Dana Parham, Property Owner; Mark Krall, Authorized Agent; Francisco Perez, Applicant. Consideration of a Certificate of Appropriateness (2007-070) associated with the new construction of a single-family dwelling. D. 213 SE 7th Avenue, Marina Historic District— Dana Parham, Property Owner; Mark Krall, Authorized Agent; Francisco Perez, Applicant. Consideration of a Certificate of Appropriateness (2007-069) and waiver request associated with the demolition of a non-contributing structure and new construction of a single-family dwelling. IV.REPORTS AND COMMENTS • Public Comments • Reports from Historic District Representatives • Board Members • Staff V. ADJOURN 74mii S. 74evanej Amy E. Alvarez Historic Preservation Planner Reposted on: March 5, 2007 o<4 °A REVISED = AGENDA v<PA *P HISTORIC PRESERVATION BOARD MEETING CITY OF DELRAY BEACH Meeting Date: March 7, 2007 Type of Meeting: Regular Meeting Location: City Commission Chambers Time: 6:00 P.M. 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 AND ACTION ITEMS A. Forward a recommendation to the City Commission for 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 primarily based on recommendations provided by REG Architects, the consultants hired during the moratorium to find resolutions to the recent concerns over the level and type of development affecting historic preservation efforts within all five (5) of the City's historic districts. III.CERTIFICATES OF APPROPRIATENESS A. 1180-1190 Nassau Street, Nassau Park Historic District - Scott C. Gallivan, Trustee & Ronald B. Buchanan, Trustee; Weiner & Aronson, P.A., and Simon & Schmidt, Authorized Agents. Consideration of a Class II Site Plan Modification and Certificate of Appropriateness (2007-044-SPI) associated with exterior alterations to a non-contributing structure. B. 238 SE 7th Avenue, Marina Historic District - Mr. & Mrs. Dan Dietrich, Property Owners; Eliopolous Architecture, Authorized Agent. Consideration of a Certificate of Appropriateness (2007-098) associated with the new construction of a garage/guest cottage. C. 706 SE 2"d Street, Marina Historic District - Dana Parham, Property Owner; Mark Krall, Authorized Agent; Francisco Perez, Applicant. Consideration of a Certificate of Appropriateness (2007-070) associated with the new construction of a single-family dwelling. D. 213 SE 7th Avenue, Marina Historic District— Dana Parham, Property Owner; Mark Krall, Authorized Agent; Francisco Perez, Applicant. Consideration of a Certificate of Appropriateness (2007-069) and waiver request associated with the demolition of a non-contributing structure and new construction of a single-family dwelling. IV.REPORTS AND COMMENTS • Public Comments • Reports from Historic District Representatives • Board Members • Staff V. ADJOURN rivtzcy 5. 7i.euevzei Amy E. Alvarez Historic Preservation Planner Posted on: March 1, 2007 t r _ an _ N. I .. w. III •r rm to ii ion' :X M �i.w " ice. C -�" •• Q$ • Imo`__: fA® is s=s Q o . ,.mo sot 7./ �i C till 11111110111111 < <t !y.�. is �F i'i./ / / / A Tl ANTI 1'-i'-." n r: 0 Mr?' 1 I • 1111 -' ► ems. pp HIEI"•" H oam iN _.___,_..' .. g ma. Fa Iiii Y �� r � � rat �_ , Riii, =X NM 4g , -...--, HARBOUR Ili _ 2 : i LIE w z ffshl m.1N,,,,,,,,,,u,05. um IMO MI =II OM •� i writ <VAMP' LI Ma BEL 0 ECII II '4s n 65 NEI ME um:7; ilh_ao 71-=-1, lai BAR iimi 4no IN Nmi gar a et.1 1223 E NE mil MI �I . r.. " O r mi 'jig�:. C o o'�� ii� Friiler il ill ;a � - - - - ir rins gui MI 1/11 '11 '• KA OTT f I 141 U Q F) •0a 111 MAllar4 Sa✓tGA7F imai .1= no IV jiii Zjni 1116111= = 11 a:137 OPP 111.4111 _ M'emilaa MUM•�,ur -; iII illo me me N - -MN MI NM i s WA ep -IBM MIMI mosIMIIII . MI Mal maim ini min NM maw Wilma•-am au. acl NM WWI AM WM 7•:---__• VII ir„,4„ .M. ' ...... all gm .1 ri. ainh_T...:-.1i martiii Iran WILL:VA mu alsEl. I mg.F cisMIN MI is :E- mrIfill Mil Ell IA La• m HAN. ! © as m ` S"© m hui.nu!'. I C C 1 mmismom .1s! I� t_ C SEAGA 1E - _ MI rTrATIMII CR Ill MANOR • ,4 A 710V .4.mi I ran w,_.,. . ._.' I =(''' II LLUdegglizal 11 " 'II I I I 17 ■orovs • III ' OIIIII s M ae NId• ! o 0�01110M111 _ �- N 1 * `4 . i9.. 1 j , O +- swim cMitI •pan • la'_ _ ft s . 1� < _ lfrr ' I{ OW a♦! , EJ NM Ma CONDOtt C1 MI , t_-•• EXHIBIT"A" Proposed Lots to be Excluded From Workforce Housing Density Bonus Program are shown in YELLOW. These lots are defined as those within 150 feet of the Marina Historic District on the East Side of SE 6th Avenue,Delray Beach,FL.Total Area is 5.9 Acres+l-less Allready redeveloped area (blue areas)equals NET REMAINING AREA of 3.6 Acres +/- which remains to be re-developed. -- The RED line is the District Boundary of the Marina Historic District. The BLUE areas are the Meridian & Hamilton Place Condominiums. Prepared by Dan Sloan(561)243-8755 .f . „num,. q la Nig• 12_id 't ....., :.•..„45' 1 r..-4- - * :1` _=C a • •l . n of& c 14 • =C�Ea C=Ikr: it" -1!- _ _ CkiBilla i i0!0 Im IOSI9 -- Jl >n11" _i lr_ t -•= glIbu o3ff89F.Lg,r�!°IEiBiilil'.'�.'1 =G^_ ,r7 �,; I = 7 i..- .. � �^fi� =I:`1♦ s—I�ujA It�EE&�Ei,"1.aES mIINI �fl�i%�j�la ' .' '� �1J1 !Ili °_ CCop �; iI3no3:=1A== r'll'A.tao1�auua■•' S al o51011 -°.Irkans=i— ��. . .,y .:4,r21 ir4rll TT r7 I : i� Ji;a 'r 1�1�o r�Z,'S'.. Ci�G :r r',.�Ic i r. rr, ..• •■ .. ,siva tlaa at �uu� sr� ►. r.� - 0 1 3-�ii ring . :2 � .s '= � � a1N1: ' �p;R:al Iva EI'S i-r-nr.. .ptinliiiim "/..mini Ron rn. tics tSill! r ,,,., asi _.„.. ..I el I nt1 is °,� .G4 : : '; i ; `. _F.;__;— ';ilt,Ill C11111: ;III :11.T. ails ,:II:Hill/11... N. �r._ t., /�. ' •1�l/? ;uu, g1r c�. ;iris nnl• +� :�'i'` •''� �� si•eR.■ � ' � �:g = � � ��$=_ _� t Vie: sly_:.. = -of .i a 11=.. ' I i gDail ,ti ;a f CU CCIE.-dill mo j',. r alio ; I AM: if u T 1 I E sail =. s1� tr %--7� : ,o ""1•113 Efts p 5. +�FI ,3cieloo�•gi r J 16ii" :Al C.Jf ...i - o c.� Mill J: ;1 1� " �1111�I !I _ —� yF T'' - i _:�y - e�mil r.�'•r�I. ''� 1 =!m _ ij� = 1111-;w' _ I_ 4i1 s ' r- 1+r iili� CF I- = ••,V� "1 _=o�' �-,, _L...": '4 I= =IT. _ T. f•. ...r s�s��ssc � , h-•~lt. '1 ' Tice Gam. === 'i1-E. ' s l�.It11E a�..:'+� . 1s =m P1NNE s:L a= g - EU.; Ng o-•-_: _ . c =.— :�ill� r�— -- —V,--- E Ft • A . - . •a 'ewe171 PMin MN 1.a.-.Wail- R= d _ . -- - - +s,r YQO�_ . SCO0.111111:n .1.• •_a n :1V..MNat=a'7rr r - _ •,1M ! DIU . �111t a:taao■�.a. min �►181i fio �r1 II'N�T NMI, : •••••••••• Mir gm NM Eller"E3 MIND= Yea 'Slat WM ONIl7tll-0.'s_ CF •) II.••. .7 .T'io%El1 w r -F.•____t,i.-,,i. •--;:.,,-, ,__.___ - -;- .� -�� -- IM latimmt t 1 - __. -'r`Tim f-- -- EXHIBIT"B"Overall Context Area of Central Business District Zoning (CBD): Proposed to be Covered by Workforce Housing Density Bonus Program. Proposed Lots to be Excluded From Workforce Housing Density Bonus Program are shown in YELLOW. These lots are defined as those within 150 feet of the Marina Historic District on the East Side of SE 6th Avenue,Delray Beach,FL.Total Area is 5.9 Acres+/-less Allready redeveloped area (blue areas)equals NET REMAINING AREA of 3.6 Acres+/- which remains to be re-developed. THIS AREA ONLY EQUALS ABOUT 1%of the overall CBD. The RED line is the District Boundary of the Marina Historic District. The BLUE areas are the Meridian &Hamilton Place Condominiums. Prepared by Dan Sloan(561)243-8755 DEL� RoAY.BEACH F All-America City 1 I 1993 2001 SIGN IN SHEET 2001 Regular Historic Preservation Board Meeting March 21 , 2007 PRINT FULL NAME ADDRESS OR ITEM NO. ORGANIZATION -7o6 zmo C ARCASCO eZ• w4.. a S►W4 �N� . 2 se. 'l+a CCA- 'ghr) &Re' Ly Lit) be), Clozap �''('r'- Cs 4\447,--mi47 .-a Sc 7 ; �,a� R e L (vFcDL L c, S 2c-75 v i e E 3L1-1, SE 1 '4 •4� E DLLBAY UEACH - DLLRAYULACH Iteitaig A.I1- City AU' CdY 11111, HISTORIC PRESERVATION BOARD ill MEMORANDUM STAFF REPORT I f 200, 20D, MEETING OF: MARCH 7, 2007 ITEM: CITY INITIATED AMENDMENTS PERTAINING TO HISTORIC PRESERVATION AND THE DELRAY BEACH HISTORIC PRESERVATION DESIGN GUIDELINES, TO SECTIONS OF THE LAND DEVELOPMENT REGULATIONS (LDR) SECTION 1.4.3, SECTION 1.4.4, SECTION 2.2.6, SECTION 2.4.6, SECTION 3.2.4, SECTION 4.1.4, SECTION 4.3.3, SECTION 4.4.17, SECTION 4.4.24, SECTION 4.5.1, AND APPENDIX "A", "DEFINITIONS, AS RECOMMENDED AFTER A COMPREHENSIVE REVIEW OF THE LAND DEVELOPMENT REGULATIONS. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding City- initiated amendments to the LDRs that resulted from a comprehensive review of the existing regulations, as they relate to the City's five (5) historic districts. BACKGROUND AND DESCRIPTION Given concerns over the level and type of development affecting historic preservation efforts within all five (5) of the City's historic districts, the City Commission, on April 18, 2006, implemented a six- month moratorium. During the moratorium, Staff worked with consultants (REG Architects and Urban Design Studios) in conducting a series of public meetings with the property owners of the Historic Districts. As a result, the consultant prepared a revised set of Delray Beach Historic Preservation Design Guidelines, a Design Guidelines supplement, and made LDR amendment recommendations. The HPB reviewed those recommendations at their meeting of November 1, 2006, where a recommendation of approval was made to the Planning and Zoning Board. However, it was found that the amendments did not completely reach the goal of providing an objective way of determining visual compatibility of new development within the historic districts. Therefore, additional revisions were made. All proposed changes to the LDRs previously reviewed by the Board at the meeting of February 21, 2007 are listed and explained below: 1. Sections 1.4.3, "Enforcement" and 1.4.4, "Penalty", have been changed to state that neglect of historic structures/structures in historic districts shall constitute a nuisance. 2. Section 2.2.6, "Historic Preservation Board", has been changed to state, Certificates of Appropriateness shall be granted by the Historic Preservation Board by a majority of the members present and voting instead of the current standard, which requires 4 votes to deny a COA. 3. Section 2.4.6, "Certificate of Appropriateness," has been changed to state that Certificates of Appropriateness shall require additional information such as demolition plans, window and door descriptions, photos of all existing elevations, and an "Infill Compatibility Survey Area Form" as applicable. The "Infill Compatibility Survey Area Form" will be required for all infill development applications and requires a table showing the required data for each property located within the survey area. A new section entitled, "Administratively-Reviewed Applications" was created. This section references the matrix in the Historic Preservation Design Guidelines, which in turn, provides which COA items require HPB versus Staff administrative approval. LDR Amendments Relating to HPB Review HPB Meeting of March 7. 2007 Page 2 of 7 4. Section 3.2.4, "Standards for Specific Areas of Purposes" added language to refer to the Historic Preservation Design Guidelines and the Secretary of the Interior Standards for Rehabilitation. 5. Section 4.1.4, "Use of Lots of Record" added language to provide that variances may be granted to lot size, dimension and setbacks for relocation of historic structures. 6. Section 4.3.3(Q), "Guest Cottage" added language that guest houses may not be taller than the principal structure in a historic district, regardless of historic classification. 7. Section 4.4.17, "RO District" added language to provide incentives for residential historic structure(s) in historic districts to be rehabilitated into office uses. 8. Section 4.4.24, "OSSHAD District" added language that public parking lots not associated with a use are allowed as conditional uses in the OSSHAD District. 9. Section 4.5.1, "Historic Preservation Sites and Districts" added language to provide that all development of historic properties/districts shall comply with goals, objectives and standards of the Delray Beach Historic Preservation Design Guidelines, Secretary of the Interior Standards, and the Comprehensive Plan; added language limiting chain-link fences to either green or black vinyl and their installation to rear yards only; provided language clarifying parking lot alternatives in historic properties/historic districts and providing that waivers from parking requirements of 4.6.9 may be granted by HPB; provided that redevelopment plans must be submitted with all demolition applications, as well as additional requirements for demolition applications including a submittal of a report from an architect/engineer that the building is damaged beyond repair at reasonable cost, appraisal of property in current condition, as vacant land, and as restored historic property, and documentation that reasonable efforts have been made to find an alternate location for the structure; clarified that all infill development and improvements in historic properties/historic districts shall be visually compatible; added additional compatibility requirements for exterior materials, roof shapes, and directional expression of front elevation dependant upon the survey area, added that fences over four feet (4') shall not extend past the building plane where visible from public right-of-way and that design of swimming pool fences shall not exhibit a stand alone appearance; added "First Floor Maximum Height" to be established by a maximum mean roof height of 16'. Mean roof heights above 16' will be considered multi-story structures. 10. Further changes to 4.5.1, "Historic Preservation Sites and Districts" introduce the following to determine compatible development: a. Added language defining "Survey Area" which consists of a sampling of structures immediately surrounding the subject property, and establishing an "Average" which is determined by the footprint square footage within the survey area; b. Added language to determine "infill development", which refers to the construction of a new structure on a vacant lot; additions involving any part of the front elevation, and/or the construction, reconstruction, or alteration of twenty-five percent (25%) or more of the exterior envelope of an existing structure and all appurtenances; c. Added language regarding compatibility standards for garages and carports requiring that the frontage shall not vary more than 10% from the average garage/carport frontage within survey area, that the orientation shall be consistent with such structures in the survey area further providing that they shall be oriented and entered from the side or rear of the infill home and out of view from the public right of way, and that there shall be no more than one garage with a capacity to hold more than two vehicles and contains single-bay doors only ; d. Added "Building Height Plane" technique which lays out a no-build zone on the front elevation providing impact relief from the streetscape; e. Added "Upper Floor Setbacks" to require that the height from finished floor elevation to finished floor elevation or top of beam shall not exceed 12', and that upper stories provide an • LDR Amendments Relating to HPB Review HPB Meeting of March 7,2007 Page 3 of 7 additional 5' setback on each side elevation, unless the architectural style provides for a continuous multi-story wall plane; f. Added limitations to the allowed number of stories for new development dependant upon the average number of stories which exist within the survey area; g. Added lot coverage maximums limited to the lesser of the average within the survey area or 30% in Del-Ida Park, Marina, Old School Square, and West Settlers Historic Districts and 35% in Nassau Park with an additional 5% allowed when adding onto a contributing structure, h. Added specific language to achieve visual compatibility for additions to existing structures; i. Added "Angle of Vision" formula to manage scale and mass of new construction along the front elevation, keeping its streetscape impact to a minimum, with ratios specific to the use; j. Added incentives for structures that otherwise meet all other visual compatibility standards by allowing an increased "Angle of Vision" ratio for single-family structures, the ability to exceed the "Building Height Plane" area provided that certain additional criteria are met, and the ability to exceed the average survey area footprint up to either the average survey area lot coverage or the lot coverage provided for the district, whichever is less, as long as the second floor does not exceed fifty percent (50%) of the average survey area footprint. 11.Appendix "A", "Definitions" includes a definition of "Hardscape" and amended definitions of "Contributing/Non-Contributing" to provide that buildings more than fifty (50) years old shall be presumed to be contributing and those that are less than fifty (50) years old are typically considered non-contributing. After much discussion at the aforementioned February 21, 2007 meeting, a motion to approve with recommendations for specific clarifications was made which failed 1-5. Those requested clarifications have been made in the attached ordinance and are summarized below: • "Number of Stories" — Clarified that the number of stories shall be represented as an average measure of wholes and halves as opposed to fractions of wholes or halves. Structures with a second-story component consisting of less than 50% of the first floor will be considered a one and a half story structure, a second-story component consisting of more than 50% of the first floor will be considered a two-story structure. • "Incentives" — Added headings to each infill development incentive in order to clarify the intention such as "Open Air Spaces", "Square Footage", and "Lot Coverage". The attached ordinance (68-06) is now before the Board for recommendation to City Commission. LDR TEXT AMENDMENT ANALYSIS 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. • LDR Amendments Relating to HPB Review HPB Meeting of March 7.2007 Page 4 of 7 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. 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. 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. LDR Amendments Relating to HPB Review HPB Meeting of March 7,2007 Page 5 of 7 Coastal Management Element Obiective 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. ANALYSIS The primary purpose of the amendments is to provide clarification and an objective manner to evaluate compatibility of new development applications with existing development in the historic districts. The objective criteria will help both the public and the Historic Preservation Board determine what will be considered compatible development. The revisions which deal with scale and compatibility are located in LDR Section 4.5.1(E)(7). The major changes that will help define and promote compatible development include "Building Height Plane" calculations which provide a way of setting back the second story wall plane from the foremost wall plane on the first story, providing impact relief along the streetscape. These changes also establish a "First Floor Maximum Height" which determines that the height from finished floor elevation to the top of the beam shall not exceed twelve feet (12')while the mean roof height shall not exceed sixteen feet (16'). Structures with heights exceeding these limitations will be considered and reviewed as multi-story. Further, "Upper Story Height and Setbacks" adds an additional setback of five feet (5') on all additional stories of a multi-story structure, alleviating the impact that a full multi-story wall plane may have. However, should the architectural style call for a full two-story wall plane, this setback may not be required. There is also an established maximum wall plane height for upper stories which requires that the height from finished floor elevation to finished floor elevation, for structures containing more than two stories, or top of beam (tie or bond) for structures containing only two stories, shall not exceed twelve feet (12'). An additional way of providing compatibility will be in calculating an "Angle of Vision", which is located on the front facade and provides an area where the building should be setback, either on one or both sides. This further reduces the impact of the structure along the historic streetscape, providing additional compatibility with respect to scale. Finally, the language within the Delray Beach Historic Preservation Design Guidelines which provides guidance towards the appropriate design of additions has been added to the LDRs. LDR Section 4.5.1 will also address "Lot Coverage" within the historic districts allowing up to either the lesser of the average footprint square footage within the survey area, average lot coverage within the survey area or either 30% in Del-Ida Park, Marina, Old School Square and West Settlers Historic Districts, and up to 35% within Nassau Park. An additional 5% will be allowed when adding onto a contributing structure located within any of the historic districts. "Infill Development" is defined within Section 4.5.1 and identifies which proposals will require the use of the survey area, including new construction, additions/alterations affecting the front facade of an existing structure, or an alteration affecting more than 25% of the existing exterior building envelope. • All other development will be subject to the general visual compatibility requirements, as contained in LDR Section 4.5.1(E)(10)(a-m). An "Infill Development Compatibility Survey" of surrounding properties will be required for infill development to assure compatibility with adjacent properties within the historic district. This survey will compare the proposed improvement with the averages of the LDR Amendments Relating to HPB Review HPB Meeting of March 7,2007 Page 6 of 7 following components within survey area: number of stories, garages/carports and their directional orientation to the street, roof type and its directional orientation to the street, and the directional expression of the structure. The survey will include the four (4) structures across the street, two (2) on either side of the property and the abutting property(ies) to the rear, with the exclusion of all vacant and commercial lots. The structures within the survey area with the largest and smallest applicable measurements will be removed from consideration of the established "average". Three incentives are also proposed for development applications which comply with the visual compatibility standards. First, a single-family structure is required to maintain an "Building Height Plane" ratio of 2:1. However, if open air spaces (porches, balconies, overlooks with open railings) are provided on the first floor or the second floor, with the separation provided between floors on the front and/or sides, the ratio may increase to 2:1.5. Second, up to 25% of the front elevation may extend into the "Building Height Plane (BHP)", provided that at least 25% of the front elevation remains one-story. However, the width of the portion extended into the "BHP" may not exceed a width of eighteen feet _ (18'). Last, the footprint of infill development/structures may exceed the average for the survey area provided the lot coverage does not exceed the average for the survey area or the maximum for the district, whichever is less, and any second floor portion shall not exceed fifty percent (50%) of the average survey area footprint. All of the above LDR changes will provide an objective way to determine compatibility of new development within the historic districts, with those additional incentives to provide for further design flexibility. Changes are also proposed to LDR Section 4.5.1(F), Development Standards: Restrictions on Demolition, which provides review criteria when any structure within a historic district is proposed for demolition. Additional language is provided requiring the property owner to submit information regarding the state of disrepair, such as certified reports from a registered architect or engineer noting the structural soundness of the property, and the costs to repair the structure and return it to a safe and habitable condition. In addition, an appraisal of the property's condition upon application, value as vacant land, potential value upon restoration, and documentation that reasonable efforts were made to salvage the structure through relocation are also to be provided. This information has typically been requested from the applicant upon first review by the Historic Preservation Board which then required the applicant to reappear before the Board. LDR Section 4.5.1(E)(6) states that demolition within historic districts is regulated by the HPB. This section has been expanded to include that demolition applications shall be accompanied by the complete redevelopment application, that the two requests shall be reviewed and decided upon concurrently, and that the demolition permit shall not be issued until the redevelopment building permit is issued. The intent is to avoid leaving empty lots if the redevelopment project is not built and to provide time for the applicant to investigate relocation of the structure. Additional minor LDR revisions include the following: definition revisions, language regarding the neglect of structures and the enforcement of penalties, inclusion of items required in COA applications, expansion of administratively approved items per the COA Approval Matrix, allowances for relief for Lots of Record within a historic district, and height restrictions for accessory structures within a historic district or on an individually designated property. ASSESSMENT The Comprehensive Plan calls for new development and redevelopment to enhance the existing quality of life by providing 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 including the formulation of regulations limiting size and scale of new development within historic districts. The proposed amendments achieve the aforementioned LDR Amendments Relating to HPB Review HPB Meeting of March 7,2007 Page 7of7 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. REVIEW BY OTHERS The Community Redevelopment Agency (CRA) considered the LDR Amendments (Ordinance 68- 06) at its meeting of February 22, 2007 and recommended that they be further reviewed and revised. The Board consensus was not to support them in their current "state." (The version reviewed by the -CRA was the same version previously reviewed by the HPB on February 21, 2007.) The Planning and Zoning Board considered the LDR amendments (Ordinance 68-06) at its meeting of February 26, 2007. After much discussion, a motion to approve the amendments was made. The aforementioned motion failed on a vote of 0-5. (The version reviewed by the Planning and Zoning Board was the same version previously reviewed by the HPB on February 21, 2007.) The Pineapple Grove Main Street committee will make a recommendation of the subject LDR Amendments to the City Commission at its meeting of March 7, 2007. The Downtown Development Authority (DDA) will make a recommendation of the subject LDR Amendments to the City Commission at its meeting of March 12, 2007. The West Atlantic Redevelopment Coalition (WARC) will make a recommendation of the subject LDR Amendments to the City Commission at its meeting of March 14, 2007. 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 to the City Commission of the amendments to the Land Development Regulations (LDRs) 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 City Commission of the amendments to the Land Development Regulations (LDRs) 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 Recommend approval to the City Commission of the amendments to the Land Development Regulations (LDRs) 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. rev.3/1/07 ORDINANCE NO. 68-06 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 SECTIONS 1.4.3, "ENFORCEMENT " AND 1.4.4, "PE NALTY", PROVIDING THAT NEGLECT SHALL CONSTITUTE A NUISANCE AND PROVIDING FOR ENFORCEMENT AND PENALTIES; AMENDING SECTION 2.2.6, "THE HISTORIC PRESERVATION BOARD", SUBSECTION (C), "MEETING AND QUORUM", PROVIDING FOR VOTING; AMENDING SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS", SUBSECTION (H), "CERTIFICATE OF APPROPRIATENESS FOR HISTORIC SITES, STRUCTURES, 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 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), 1 ORD.NO. 68-06 rev.3/1/07 "CRITERIA FOR DESIGNATION OF HISTORIC SITES OR DISTRICTS", 4.5.1(E), "DEVELOPMEN T 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), "DESIGNATIONOF HISTORIC DISTRICTS", BY PROVIDING CLARIFICATION REGARDING FENCES AND PARKING IN HISTORIC DISTRICTS, COMPATIBILITY STANDARDS, ADDITIONAL REQUIREMENTS FOR DEMOLITION APPLICATIONS AND NAMES OF HISTORIC DISTRICTS; AND AMENDING APPENDIX "A", "DEFINITIO NS", TO PROVIDE A NEW DEFINITION FOR "HARDSCAPE" AND AMENDING THE DEFINITIONS FOR "CONTRIBUTING" AND "NON- CONTRIBUTING" STRUCTURES; 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1.4.3, "Enforcement", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: 2 ORD.NO. 68-06 rev.3/1/07 Section 1.4.3 Enforcement: (A) Code Enforcement Board/Hearing Officer and County Court: When The City Code Enforcement Board/Hearing Officer and County Court in Palm Beach County shall have concurrent jurisdiction to hear and decide cases seeking compliance with these regulations or an order to correct a violation and when a hearing is sought with respect to an alleged violation, the matter shall be decided by the Code Enforcement Board/Hearing Officer pursuant to Chapter 37 of the City Code. (B) A Certificate of Occupancy shall not be issued for any building, or structure, or portions thereof, that fails to meet all applicable requirements of these Land Development Regulations. The use of a building without proper issuance of a Certificate of Occupancy is a violation of Code and shall be grounds for issuance of a stop work order or cease and desist order by the Chief Building Official, and other remedies set forth herein. (C) Nothing herein shall prevent the City of Delray Beach from taking such other lawful action deemed necessary to prevent or remedy any violation. (D) The neglect of individually designated historic structures and/or structures located within historic districts shall constitute a "nuisan ce" violation of the City's Code of Ordinanc pursuant to Section 100.10. Section 2. That Section 1.4.4, "Pe nalty", 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 1.4.4 Penalty: (A) Violation of the provisions of these Regulations, or failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances or conditional uses shall constitute a punishable violation. Any person who violates these Regulations, or fails to comply with any of its requirements, may be issued a civil citation pursuant to Section 37.45 of the City Code or a notice of violation pursuant to Chapter 37 of the City' s Code of Ordinances, and shall upon conviction thereof, be fined not more than $500 or imprisoned for not more than 60 days, or both, and shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. (B) The owner or tenant of any building, structure, premise, or part thereof, and any architect, agent, builder, contractor, or other person who knowingly commits, participates in, assists in, or maintains such violation, may each be found guilty of a separate offense, and suffer the penalties provided herein. 3 ORD.NO. 68-06 rev.3/1/07 (C) In addition to any and all other penalties, any person who carries out or causes to be carried out any work in violation of Section 4.5.1 shall be required to restore the subject improvement, building, site, structure, appurtenance, or landscape feature, either to its appearance prior to the violation or in accordance with its certificate of appropriateness required by the Historic Preservation Board. (D) Structures that are individually designated as historic or are located in historic districts shall be maintained in a secure and attractive manner. Neglect of historic structures/structures in a historic district shall constitute a "nuisanc e" violation pursuant to Section 100.10 of the City's Code of Ordinances and shall result in maximum penalties. (D)(E) Nothing herein shall prevent the City of Delray Beach from taking such other lawful action deemed necessary to prevent or remedy any violation. Section 3. That Section 2.2.6, " The Historic Preservation Board", Subsection 2.2.6(C), "Meetings and Quorum", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (C) Meetings and Quorum: (1) The Historic Preservation Board shall hold at least one regularly scheduled business meeting each month and it shall be held in the evening hours. (2) Four members of the Board shall constitute a quorum. (3) No An application for a Certificate of Appropriateness shall be denied except by approved by a majority of the members present and voting. • Section 4. That Section 2.4.6, "Procedures for Obtaining Permits", Subsection (H), "Certificate of 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, Properties Sites and all Properties Located within in Historic Districts: (1) Rule: A Certificate of Appropriateness shall be required for the following 4 ORD.NO. 68-06 rev.3/1/07 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 undcr Board. (13)(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 any material change in existing walls, fences, roofs, windows, doors, sidewal 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. 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)(d) of this Section. A Certificate of Appropriateness will not be required for any interior alteration (except for designated historic interiors), construction, reconstruction, restoration, renovation, or demolition. General, occasional maintenance and repair shall also include any ordinary maintenance which does not require a building permit from the City. (2) Required Information: Board through referral from another approval or review body, the submission required by the Board shall be provided. A separate application is not required. (13)(a) Application: When an item goes before the Historic Preservation Board or is reviewed administratively and it is not associated with land development application, the following information in the form of photograH 5 ORD.NO. 68-06 rev. 3/1/07 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; (e) 3. Landscaping plan; (€1) 4. Floor plan(s); (e) 5. Samples of building materials and color chips; (€) 6. Engineering reports, as applicable; (g) 7. Other material as may be requested by the Historic Demolition Plans; 8. Window and door schedule providing specifications to include but not be limited to window type, material, configuration, dimensions, and profile drawings; 9. Photographs of all existing elevations of the subject property, labeled with cardinal direction and address; 10. Other material as may be requested by the Planning and Zoning Department or Historic Preservation Board. 11. Infill Compatibility Survey Area Form. 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 additional information as required for a COA provided in (a), above. (3) Procedure: (a) Referred Development Applications: The Certificate of actions. The application shall be placed before the Board at its next available 6 ORD.NO. 68-06 rev.3/1/07 • meeting. An action on the C.O.A. must precede final action on the development application-: (b)(a) Stand-Alone Applications that go before the Historic Preservation Board: An application for a COA which does not require review or action by that requires Board approval as provided in the matrix set forth in the Delray Beach Historic Preservation Design Guidelines 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, Historic Preservation Guidelines and Secretary of Interior 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 matrix in the Historic Preservation Design Guidelines may be approved administratively in accordance with applicable ordinances, Historic Preservation Design Guidelines, and Secretary of the Interior Standards for Rehabilitation. (4) Conditions: Conditions may be imposed pursuant to 2.4.4(C) and 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. Section 5. That Section 3.2.4, " Standards for Specific Areas or Purposes", Subsection 3.2.4(E), "Histor is 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: Section 3.2.4 Standards for Specific Areas or Purposes: (E) Historic Districts and 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 her amended to read as follows: 7 ORD.NO. 68-06 rev. 3/1/07 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 an historic structure onto a lot regardless of the zoning district in order to protect the structure and assist with protection of historic structures. If the relocation lot is not designated historic, then 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, "S pecial Requirements for Specific Uses", Subsection (Q), "G uest 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 1/20`h of the lot area and in no case shall exceed a floor area of 700 square feet. (3) The structure 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. Section 8. That Section 4.4.17, " Residential Office (RO) District", Subsections 4.4.17(A), "Pu rpose and Intent" and 4.4.17(G), "Su pplemental 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: 8 ORD.NO.68-06 rev.3/1/07 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 land use 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 stor= 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 when there is 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: DELETED (1) AND (2) AND RENUMBERED. (1) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. 9 ORD.NO. 68-06 rev.3/1/07 (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 restrictions set forth in Section 4.3.3(I). (H) 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: 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, or historic interior, or historic structure, 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 or historic district, 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 of individually designated historic properties and/or properties located within historic districts, 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 Standards for Rehabilitation. 10 ORD.NO. 68-06 rev.3/1/07 . (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) Survey Area. For the purposes of this section, the survey area shall be confined to the historic district, and the term survey area shall mean: (a) The two (2) nearest homes on each side of the lot to be developed, if homes are across public right-of-way, they are to be utilized; (b) Any home directly to the rear of the lot to be developed; and (c) The four (4) nearest homes across the public right-of-way to the front of the lot to be developed. (d) If any of the lots on either side of the subject lot, or across the public right-of-way is a vacant lot or a commercial lot, then it is to be removed from the calculation, and replaced by the next nearest lot that is not a vacant or commercial lot. (e) In the event that strict compliance with 4.5.1(E)(2) (a), (b), or (c) above is determined to be impossible due to topography, zoning or historic district boundaries, city limits, or other logistical matters, the Director of the Planning and Zoning Department shall determine the Survey Area as strictly as possible in compliance with 4.5.1(E)(2) (a), (b), (c), and (d) above. (3) Average. For the purposes of this section, the term "average" is hereby defined as the sum of the applicable measurements for the existing homes located in the survey area, excluding the homes with the highest and lowest measurement (unless there are four (4) or less existing homes in the survey area), respectively, divided by the number of homes for which measurements are included in the sum. (4) Infill Development. Infill development standards shall not apply to 11 ORD.NO.68-06 rev.3/1/07 individually designated properties, sites, buildings and structures. For the purposes of this section, the term infill development shall mean: (a) construction of a new structure on a vacant lot; or (b) additions involving the construction, reconstruction, or alteration of any part of the front facade; or (c) the construction, reconstruction, or alteration of twenty-five percent (25%) or more of the exterior envelope of an existing structure and all appurtenances thereto. For purposes of this section, all limitations and regulations shall be reviewed in a cumulative manner from the date of passage of this ordinance March 20, 2007. (2)(5) 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: i-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. ii:b. All other provisions in Section 4.6.5 shall apply. 2. Garages and Carports: Where a majority of existing structures have garages or carports within the survey area, the infill may include a garage or carport. Where a majority of existing structures do not have garages or carports, those elements are to be discouraged from view of the public right-of-way. a. The following compatibility standards shall apply to infill development: 12 ORD.NO. 68-06 rev.3/1/07 . i. The garage frontage shall not vary more than ten percent (10%) from the average garage frontage within the survey area. ii. The orientation of garages and carports shall be consistent with the majority of such structures within the survey area. Where possible, garages and carports shall be oriented and entered from the side or rear of the infill home, and out of view from the public right of way. iii. Each home shall not have more than one garage with a holding capacity of two (2) vehicles. Garages shall have single bay doors only. 2-7(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)(8)(a) 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 loca— rather than detract by use of creative design and landscaping elements II 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 buildings. 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 Boat 13 ORD.NO.68-06 rev.3/1/07 for relief of a literal interpretation of Section 4.6.9 upon presentation of confirmation that adequate parking for a proposed use may be achieved by alternate means, as confirmed by the City Engineer, and which are found to be in keeping with the provisions and intent of the Delray Beach Historic Preservation Design Guidelines. (3) (6) 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. (4) (7) Standards and Guidelines. 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 the Interior' s Standards for Rehabilitation and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. (5) (8) 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) (9) Demolition. Demolition of historic sites, archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts will be regulated by the Historic Preservation Board in the manner described in Section 4.5.1(F). Applications submitted for a demolition shall be accompanied by a complete application for redevelopment of the property. Approvals for demolition shall not be granted and the demolition shall not occur until the redevelopment application has been approved and a building permit has been issued for the redevelopment. , material change in the exterior appearance of any existing non contributing building, historic buildings, structures, or sites adjoining or reasonably approximate to the non - (8)(10) Visual Compatibility Standards. Visual compatibility of infill 14 ORD.NO. 68-06 rev.3/1/07 • development within a designated historic district shall be determined by comparison to structures within the survey area. Visual compatibility of all non-infill development and all improvements to buildings, structures, and appurtenances district shall be determined by comparison to structures within the entire historic district visually-eoible. Visual compatibility shall be determined in terms of by all of the following criteria, (a) through (n) inclusive: (a) Height: The height of proposed development brings—or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district. Visual compatibility with relation to height shall be determined through application of the following height requirements: 1. Building Height Plane: The building height plane technique helps set back the overall height of a building from the front property line. The higher the building the more setback is required. a. The building height plane line is extended at an inclined angle from the intersection of the front yard property line and the zero datum grade for a lot, or seven and one half feet above mean sea level, whichever is higher. The inclined angle shall be establisl}ffl at a 2:1 ratio for single-family residential and duplex uses, and a 2: III II ratio for Commercial, Mixed-Use and Multi-Family structures. See examples below. 10 ZO IrLD/-MAX 35' HT. �ZOUEBt LB ZO*7E / _MJ5X 35'HT. all d, 22.5':HISTORIC / al / 2 STORY HT. C� i 22.5'e HISTORIC rl � 17.5' REAR �� .�H 2G.25' 2 STORY HT. ol ' /SETBACK z ///---REAR 9 1.) 5 of a?i- 22.5' ! FSZACK $ i - 12.5' u✓ 18.75' / 1-1 25.0'— 25.0'1I.. 30.0'—rE I 30.0'— 150.0' t' 150.0' / BUILDING HEIGHT PLANE BUILDING HEIGHT PLANE AT 2:1 RATIO AT 2:1.5 RATIO 2. First Floor Maximum Height: a. Single-story structures or first floor limits shall be established by: i. Height from finished floor elevation to top beam (tie or bond) shall not exceed twelve feet (12' ). 15 ORD.NO.68-06 rev.3/1/07 ii. Mean Roof Height shall not exceed sixteen feet (16' ). iii. Any portion exceeding these dimensions shall be considered a multi-story structure. iv. See example below: 12 ROOF PITCH MAY VARY ✓df MEAN ROOF HT. X ` 1 'TOP OF BEAM F.F.E. 3. Upper Story Height and Setbacks: a. Height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12' ). b. To respect the current neighborhood scale and space between buildings, an increased upper floor side setback of five feet (5' ) on each side shall be required, except for those architectural styles that require a flush wall from one floor to the next (i.e., mission), in which case the additional five foot (5' ) setback shall be required for all floors. 4. Number of Stories: Number of stories for in' fill development shall be within a half story of the average number of stories of existing single-family structures within the survey area. The number of stories shall be represented as an average measure of wholes and halves as opposed to fractions of wholes or halves (i.e. if the survey area consists of mostly single story structures, then the second story square footage shall not exceed fifty percent (50%) of the total square footage of the first floor. 16 ORD.NO. 68-06 rev.3/1/07 (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and in direct relationship to the width of the building and to the height of the front elevation of other adjacent or adjoining buildings within a 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 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. (d) Rhythm of Solids to Voids; : 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 buildings or structures within the district, 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 41-1 the relationship between historic sites, buildings, or structures within a hist= 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 the prevalent architectural styles of entrances and porch projections on historic sites, buildings, and structures within a 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 sites, 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 in the reasonable exercise of their professional opinion. (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of the existing histol'i building stock of a historic site, building, or structure within the subject a-histoi+l district or survey area, as applicable. 17 ORD.NO. 68-06 rev.3/1/07 1. For infill development, where a majority of existing homes within the survey area have a roofline that is parallel to the street, the infill structure shall be so oriented. Where the main roofline of a majority of the existing homes in the survey area runs perpendicular to the street, the infill home shall be so oriented. (i) Walls of Continuity: Appearances of a building or structure such as walls, wrought iron, fences,.evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to insure visual compatibility of the building to historic buildings, structures, or sites to which it is visually related. 1. Swimming pool fences shall be designed in a manner that integrates the layout with the lot and structures without exhibiting a utilitarian or stand-along appearance_ 2. Fences and walls over four feet (4' ) should not extend past the Building Plane where visible from the public right-of-way. (j) 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 sites, buildings, and structures within a historic district. To determine whether the scale of a building is appropriate, the following shall apply: 1. Angle of Vision: The building angle of vision regulation is used to manage the bulk of a building at or near the front setback line and is applied to achieve compatibility. The wider the house, the more it will have to be set back. This technique helps to reduce the shape of the building as it is perceived from the street. The angle of vision shall be determined as follows: a. Create a line perpendicular to the front yard property line. b. Create two (2) forty degree (40°) angles on either side of the line extending from the intersection of the front property line and the perpendicular line. i. The vertex of the angle can slide anywhere • along the front property line to establish/identify any areas of impact where a structure cannot be built. 18 ORD.NO.68-06 rev.3/1/07 ii. For lots exceeding one hundred feet (100' ) in width, the base angles of vision forty degrees (40°) on either side) shall both be increased by two degrees (2°) for each ten feet (10') of increased lot width up to a maximum of one hundred forty feet (140') wide. See example below. tt ; BUILDABLE ' t AREA b y. • d0°- .q .07 t1"` .avu..uLc..x Y i j BUILDABLE ,a BUILDABLE AREA i i} AREA I I Sgl7NARIO"A �CI;IIARIQ 100'tot vent ancyo of ;(r"` t071c1, ,II angtc ot vtsloe centered v xton sI.nflt1 to.idi? '""3£7RRC1<JJtP7i ,__:atrtwiste 4tr 4 �too eotc,AR-FA - (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites in its directional character, whether vertical, horizontal, or nondirectional. 1. For infill development, the infill structure shall have a similar orientation to the street as the majority of the existing structures within the survey area. (1) 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 19 ORD.NO. 68-06 rev.3/1/07 Sq.Ft.(75' x 100' lot size)= 35% Lot Coverage. 2. The maximum lot coverage for infill development shall be as follows: a. For infill development in all historic districts, the maximum lot coverage shall be limited to the lesser of one (1) of the following: i. The average footprint of the survey area; or ii. The average lot coverage of the survey area; or iii. Thirty-five percent (35%) for Nassau Street Historic District; or iv. Thirty percent (30%) for Del-Ida Park, Marina, West Settlers, and Old School Square Historic Districts. 3. Additions to contributing structures may increase lot coverage to: 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. (m) Additions to Existing Structures. Visual compatibility of additions to existing structures shall be accomplished as follows: 1. Additions shall be located as inconspicuously as possible and to the rear or least public side of a building. 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. 20 ORD.NO.68-06 rev. 3/1/07 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 historic building and shall not overwhelm the original building. (9) Visual—compatibility—standards will—be—furtber—diseussed—M—greater detail in be developed as a guide to assist property owners as they seek to nominate their properties for designation as a historic site or historic district (11) Visual Compatibility Incentives. In order to provide des flexibility for structures that otherwise satisfy the Visual Compatibility Standards outlined in Section 4.5.1(E)(10), incentives for additions to existing structures and/or new infill development shall include the following: a. Open Air Spaces: The ratio of the Building Height Plane (BHP) for single family structures can increase from 2:1 to 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 21 ORD.NO. 68-06 rev.3/1/07 1 f-maul spoiti °4, ill iliniiiii�iiniNa tic .. �+J ItiA11BB BBB• ...�ripiskiimiti Ftip) 1!!! ! � �uuNrn«I I.. _!n"j I NR .17. Niel rrs�wHjl� "— _ - : irtaii I �T. # - �`�ii �itwlwi3R�! I_ nlTil ��l�i ' BUILDING HEIGHT PLANE NORTH (SIDE) ELEVATION b. Square Footage: Up to twenty five percent (25%) of the front elevation(s) of single family structures 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 story. Along the front elevation(s), the total width of extension shall not exceed eighteen feet (18' ). See example below. ez,. 3 tl :r- - Et ale fill Y ' •7 r litiTi E. 15 �IP .1 ,a ^ . pLL t �w Ifeomk ,; .-i i SIDE VIEW • IF CAN SE ABOVE BUILDING HEIGHT PLANE WITHIN BUILDING' 35'MAX.— HEIGHT PLANE" syx I==ALLOWED ABOVE BHP, it NOT TO EXCEED 35'MAX ' I 23%OR YORE OF i&ONi FACADE'!) 0=MUST BE UNDER BHP Ti�e'J7! RE AIN81 iSORT F N ;.. + ,., 4.: �=25%B OR MORE OF FRONT FACADE(S)MUST REMAIN ji B�e 1 STORY I t AB 9 = — :o FRONT VIEW c. Lot Coverage: The footprint of infill structures may exceed the average for the survey area provided the lot coverage shall not exceed the 22 ORD.NO.68-06 rev.3/1/07 average for the survey area or the maximum for the district, whichever is less, and any second floor portion shall not exceed fifty percent (50%) of the average survey area footprint. See example below. Example: New Infill /Singe Family/Del Ida Lot Size 11,400 sq.ft. ,v Survey Area Results: u USE oR`; Avg. Footprint sq.ft. = 2,204* LESSER Avg. Lot Coverage =26% (11,400 x .26= 2,964 sq.ft.) 111 Max. Lot Coverage in District= 30% (11,400 x .30 = 3,420 sq.ft.) Upper Story @ 50% Max. (2,204 x .5 = 1,102 sq.ft.) First Floor= 2,204 sq.ft. Total square footage (2,204 + 1,102 = 3,306 sq.ft.) Incentive= 760 sq.ft. *To determine the max.first floor square footage,select the lesser of the average footprint square footage in the survey area or the max.lot coverage for the District. In the above example,the former is less. (F) Restrictions on Demolitions: No structure within a Historic District or on an Historic Site shall be demolished without first receiving a Certificate of Appropriateness pursuant to Section 2.4.6(H) Wiese. 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. 23 ORD.NO.68-06 rev.3/1/07 (d) Whether retaining the structure would promote the general welfare of the city by providing an opportunity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. (e) Whether there are definite approved plans for immediate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on`he ch.rneter of 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 contributing buildings within historic districts for up to six months while demolition of non- contributing buildings within the historic district may be delayed for up to three months. (5) During the demolition delay period, the Board may take such steps as it deems necessary to preserve the structure concerned. Such steps may include, but are not limited to, consultation with community groups, public agencies, and interested citizens, recommendations for acquisition of property by public or private bodies, or agencies, and exploration of the possibility of moving one or more structures or other features. (6) 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. The Board may, with the consent of the property owner, request that the Delray Beach Historical Society, or the owner, at the owner' s expense, record the architectural details for archival purposes prior to demolition. The recording may include, but shall not be limited to photographs, documents, and scaled architectural drawings to include elevations and floor plans. Two (2) copies of such recordings shall be submitted to the City' s Planning and Zoning Department. One (1) to be kept on file and the other to be 24 ORD.NO.68-06 rev. 3/1/07 archived with the Delray Beach Historical Society. 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. (7) The owner shall provide the following information on his/her application for any contributing structure in a historic district or individually designated historic structure: (a) A certified report from a registered architect or engineer which provides documentation explaining that the building is structurally unsound and is damaged beyond the ability to repair it at a reasonable cost. The report must include photographs to substantiate the damage. (b) A certified report from an engineer, architect, general contractor, or other qualified professional which documents the projected cost of repairing the structure and returning it to a safe and habitable condition. (c) An appraisal of the property in its current condition, its value 11 vacant land and its potential value as a preserved and restored historic property. (d) Documentation that reasonable efforts have been made to find a suitable alternate location for the structure within the City of Defray Beach to which the contributing/ individually designated historic structure could be safely relocated. (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 Beard. (L) Designation of Historic Districts: The following Historic Districts are hereby affirmed or established: (1) THE NASSAU STREET 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. (Origi ffli designation by Ordinance 97-87 adopted on January 12, 1988) 25 ORD.NO.68-06 rev.3/1/07 • (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 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 DEL-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 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", "D efinitions", 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. A building that is more than fifty (50) years old shall be presumed to be contributing whether listed as such on a survey or not. • 26 ORD.NO.68-06 rev.3/1/07 HARDSCAPE - Consists of the inanimate elements of landscaping, especially masonry or wood work such as concrete or brick patios, tile paths and wooden decks. NON-CONTRIBUTING BUILDING - A building within a historic district which is typically less than fifty (50) years old and which does not add to a historic district' s sense of time and place and historical development; or a building where the location, design, setting, materials, workmanship, and association have been so changed or have so deteriorated that the overall integrity of the building has been irretrievably lost. 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. Section 14. That this ordinance shall become effective immediately upon its passage on seco and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of , 2007. MAYOR ATTEST: City Clerk First Reading Second Reading 27 ORD.NO. 68-06 • ULLRAI'RLACH !ALRAY BUCH NI-Amer¢aCity lipHISTORIC PRESERVATION BOARD III/ MEMORANDUM STAFF REPORT 1,99.5 Property Owner: Dana Parham Authorized Agent: Mark Krall Applicant: Francisco Perez, Project Architect Property Address: 213 SE 7th Avenue, Marina Historic District HPB Meeting Date: March 7, 2007 COA: 2007-069 ITEM BEFORE THE BOARD The item before the Board is the consideration of a Certificate of Appropriateness for the demolition of a non-contributing structure and subsequent new construction of a single-family dwelling located at 213 SE 7th Avenue, Marina Historic District, pursuant to LDR Section 2.4.6(H). BACKGROUND The subject property consists of Lot C, The Moorings, and is zoned R-1-AA. The Moorings is a 1943 resubdivision of the Blank-Nichols Subdivision (circa 1925, within Block 127). The Moorings reconfigured twelve (12) fifty foot (50') wide lots into five (5) larger lots. Lot E was later redivided into two (2) lots, creating a "flag lot." Lot C consists of approximately .19 acres, and contains a non- contributing, one-story structure constructed circa 1951. In 1987, when the Marina Historic District was created, the subject structure was classified as non-contributing to the designation. However, it appears that if the period of significance were to be expanded to include later resources, the classification would be revised to contributing. There has been no previous review by the Historic Preservation Board on the subject property. The existing structure was permitted by the City Building Department in 1951. City Clerk Tax Cards indicate that an addition to the existing guest house was permitted in 1955 (permit# 3714). A January 1979 fire is noted to have caused approximately $30,000 worth of damage. Subsequently, a permit (#6304) was pulled in July 1979 for repairs valuing $24,000. In 1986, a room was added, and the entire structure was reroofed in 1989. The applicant is now requesting approval for the demolition of the existing single-family dwelling and subsequent construction of a new single-family dwelling. PROJECT DESCRIPTION The subject application proposes the following: • Demolition of a 1,571 square foot, one-story, non-contributing structure constructed in 1951; • Construction of a 2,737 square foot, two-story, single-family structure; • Consideration of a waiver request to the minimum developable lot size requirement; The proposed single-family dwelling consists of 2,737 total square feet: 2,105 square feet under-air living space and 632 non-living space. The Mediterranean Revival style structure is of concrete block -construction with a smooth stucco finish. The first floor is broken up in roof and wall planes providing for a combination of roof types such as flat with parapet, gable, and shed. The second-story is topped with a hip roof. Barrel tile is proposed for the roof material. All windows will be aluminum clad and 2'3 SE 7th Avcr..n COA 20, 359 N tie r^ e CC 'r 20 3. either casement or fixed/picture. A porte-cochere is located along the north elevation, facing SE 7th Avenue. The color scheme is a cream body with an olive finish for the windows. A six foot, nine-inch (6'9") stucco wall is attached to the north and south sides of structure and extends to the side property lines. Decorative entry gates are shown within each wall section. ANALYSIS 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 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 Element 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. Future Land Use 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 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. 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 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-1.2 The middle and southerly portions of the Marina District shall continue to be enhanced through the renovation of existing single family and multi-family 213 SE in AvcrLe COA 202 339 ' PB F,ee nc 200 Rage of 4.. structures, sensitive rehabilitation of historic structures, and new construction which is appropriate to the historic 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. Demolition LDR Section 4.5.1(E)(6), "Development Standards"provides guidelines in evaluating Certificates of Appropriateness requesting demolition by stating the following: Demolition of historic sites, archaeological sites, or buildings, structures, improvements, and appurtenances within historic districts will be regulated by the Historic Preservation Board in the manner described in Subsection (F) provided below. 4.5.1(F) Restrictions on Demolitions: No structure within a Historic District or on a Historic Site shall be demolished without first receiving a Certificate of Appropriateness for that purpose. The Historic Preservation Board shall be guided by the following in considering such a request. (F)(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. The structure does not qualify 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. A reproduction would not contain the same significance. (c) Whether the structure is one of the last remaining examples of its kind in the designated historic district within the city. This would be determined by a resurvey of the historic district. (d) Whether retaining the structure would promote the general welfare of the city by providing an opportunity to study local history, architecture, and design, or by developing an understanding of the importance and value of a particular culture and heritage. Retaining the structure would provide the opportunity to study a more recent style of architecture indicative of architectural styles within Delray Beach at that time. (e) Whether there are definite plans for immediate reuse of the property if the proposed demolition is carried out, and what effect those plans will have on the character of the surrounding area. There are definite plans for reuse of the property which may be deemed to be a positive affect on the historic district. (F)(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). 213 SE rth Avenue COA.2037-CEO �_`-✓S:+If:.,L._. 'March ..200 4of 3 (F(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. Analysis The structure in question was originally constructed in 1951. While it may have been altered throughout the years, its overall form, style, and mass are intact. The structure is indicative of its time and provides insight into the development of its time. However, because the period of significance for the Marina Historic District does not extend past 1943, the structure is not eligible for contributing classification. To the contrary, upon reevaluation of the district as a whole the structure could be deemed a contributor to the Marina Historic District designation. The non-contributing classification of the structure towards the Marina Historic District designation downplays its significance and relaxes its protection. Therefore, based upon the analysis of the criteria within LDR Section 4.5.1(F), positive findings can be made. New Construction LDR Section 4.3.4(K) Development Standards Matrix: The applicable development standards for the R-1-AA zoning district are as follows: Allowed/Required Provided Building Height Maximum 35' 27'S" Setbacks Front 30' 30'2" Side Interior (North) 10' 10'8" (South) 10' 12'4" Rear 10' 10'4" Minimum Developable Lot Size 9,500 square feet 8,409 square feet (See Waiver Analysis) Lot Coverage Maximum N/A 26.87% Open Space Minimum 25% 63.49% Right-of-Way Dedication Pursuant to LDR Section 5.3.1(D)(2), and the Transportation Element of the City's Comprehensive Plan, the required right-of-way width for SE 7th Avenue is 60'. Currently 40' of right-of-way exists for SE 7th Avenue. However, the Development Services Management Group (DSMG) reviewed the application at their January 11, 2007 meeting and waived the 60' requirement, but required the right of way to expand to fifty feet (50'). Therefore, a five-foot (5') dedication (half the distance of the difference) is required, and is shown on the plan. Landscape Regulations Pursuant to LDR Section 4.6.16(H)(1), the minimum landscaping standards shall apply for new single-family residences. Therefore, it has been added as a condition of approval that the landscape plan is approved by the City Horticulturalist prior to plan certification. LDR Section 4.5.1(E)(7) and 4.5.1(E)(8)(a-k) "Development Standards" provides guidelines in evaluating Certificates of Appropriateness for new construction. 2-313 :E c i Avonis�'.CC)A.2;3:1 -56�; 'HPB!-.•'it et n O � c:!...'i 20C/ Pzcl 5 of G (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 of 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 improvement to buildings, structures, and appurtenances within a designated historic district shall be visually compatible. Visual compatibility can include but is not limited to: (a) height, (b) front facade proportion, (c) proportion of openings (windows and doors), (d) rhythm of solids to voids: front facades, (e) rhythm of buildings on streets, (t) rhythm of entrance and/or porch projections, (g) consistency in relation to materials, texture, color, (h) roof shapes, (i) walls of continuity, (j) scale of a building, and (k) directional expression of a front elevation. The following items should be considered for revisions to the proposed application: (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 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. While it is understandable that the applicant may want to provide a "clear and uninterrupted view" to the Intracoastal Waterway, the large picture window on the rear elevation on the second floor, along with all other windows throughout the structure, with the exception of the smaller, fixed windows, should contain divided lights. A multi-light window would be a more appropriate choice, while still maintaining the vista. Otherwise, the large, single-paned picture window is not appropriate to the style. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building shall be visually compatible with the predominant materials used in the historic sites, buildings, and structures within a historic district. Overall this requirement has been met. However, an additional detail should be provided. Coping around the parapets would be an appropriate detail while maintaining a minimal appearance. Overall, the proposed structure is visually compatible with the historic structures within the Marina Historic District with respect to size, scale, mass, and architectural style. Most notably, the second floor has been minimized alleviating the impact on the historic streetscape and surrounding properties, while the first floor massing has also been broken up to provide a combination of roof types and styles such as flat with parapet, gable, and hip. The Delray Beach Historic Preservation Design Guidelines makes recommendations towards compatibility of new construction. The subject application meets those guidelines. However, the guidelines also point out important details relevant to the Mediterranean Revival/Spanish Eclectic styles such as: coping, and multi-light windows. The Secretary of the Interior's Standards for Rehabilitation recommend the following with respect to new construction: 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 2".s SE 7th Avsr:;.e CA O<�) i iPB> rc ''z<r,... 206. ' 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) WAIVER ANALYSIS The minimum required lot size for development with the R-1-AA zone district is 9,500 square feet. The existing lot size is 8,409 square feet. Therefore, the applicant has submitted a waiver request to the minimal developable lot size requirement. 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: (C) Except for single family residences subject to the R-1-A (Single Family Residential) zoning district standards, if two (2) or more adjoining lots (or combination of lots and portions of lots) of record were under the same ownership as of October 18, 1994, and if the total frontage and the total area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district. Ownership shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of October 18, 1994. Notwithstanding the above, a waiver to this requirement may be granted by the City Commission pursuant to the provisions of LDR Section 2.4.7(B). Notice of the request shall be provided pursuant to Section 2.4.2(B)(1)(n) to the owners of all property located within five hundred feet (500') of the perimeter of the property on which the waiver is being sought. The notice shall be mailed no later than ten (10) calendar days prior to the meeting before the City Commission For properties located within designated historic districts, or designated as historic sites, or properties listed on the Local Register of Historic Places, the Historic Preservation Board shall review the request prior to the City Commission meeting and shall forward its recommendation on the request to the City Commission. Notification of the request shall be as described above, except that the mailing of the notices shall occur no later than ten (10) calendar days prior to the meeting before the Historic Preservation Board. 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. The applicant has submitted the following in support of the waiver: "...currently used as a single family home,...Both 213 SE 7rh Avenue and 706 SE 2nd Street were purchases by the same individual during the 2006 year. The intent of the owner is to develop both lots individually, and maintain them as single family homes." 2'3 SE'tn Avenue COA 20 `.-u69 • i'HPL5 irate t r -,:arc7 2007 Pon . 7 of c The proposed structure is being developed as a single-family residence, and is in compliance with the zone district requirements, with the exception of the lot area. The R-1-AA zone district requires minimum lot size of 9,500 square feet. The subject property to be developed contains approximately 8,409 square feet. The redevelopment of the subject property containing a lot area less than the required minimum would not adversely affect the neighborhood, as a single-family residence currently exists on the property. The circumstances surrounding the waiver requirement only affect the applicant because the abutting property to the rear is under the same ownership. Based on the above, a positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. CONCLUSION The proposed two-story, single family dwelling, designed in the Mediterranean Revival style, not only reflects a traditional style of architecture found within the Marina Historic District but is also visually compatible with the surrounding properties. This structure could be deemed a conforming structure today and a contributor in fifty-years. However, the existing structure could be deemed a contributor tomorrow upon resurvey of the district, as it would add to the existing historic building stock. Based on the analysis throughout the report, positive findings can be made with respect to LDR Sections 4.5.1(E)(4), 4.5.1(E)(6), 4.5.1(E)(7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to conditions. ALTERNATIVE ACTIONS A. Continue with direction. B. Approve the Certificate of Appropriateness (2007-069) and waiver request for 213 SE 7th Avenue, Marina Historic District, based on positive findings with respect to LDR Sections 4.5.1(E)(4), 4.5.1(E)(6), 4.5.1(E)(7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. C. Deny the Certificate of Appropriateness for (2007-069) and waiver request for 213 SE 7th Avenue, Marina Historic District, based upon a failure to make positive findings with respect to LDR Sections 4.5.1(E)(4), 4.5.1(E)(6), 4.5.1(E)(7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. RECOMMENDATION By Separate Motions: Waiver Request Recommend to the City Commission approval of the waiver to LDR Section 4.1.4(C), which requires that properties shall not be developed except in accordance with the minimum lot area requirements of the district, based on a positive finding with respect to LDR Section 2.4.7(B)(5). Demolition Approve the Certificate of Appropriateness for demolition of the existing structure located at 213 SE 7th Avenue, Marina Historic District, based on positive findings with respect to LDR Sections 4.5.1(E)(6), and 4.5.1(F). SE 7i t „cru„ ,Cam 202 060 HPF3 _:n March 7,2007 P.'...]e 2 of l. New Construction Approve the Certificate of Appropriateness (2007-069) for the new construction of a single-family dwelling located at 213 SE 7th Avenue, Marina Historic District, based on positive findings with respect to LDR Sections 4.5.1(E)(4), 4.5.1(E)(6), 4.5.1(E)(7) and 4.5.1(E)(8)(a-k), the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation, subject to the following conditions: 1. That the landscape plan is approved by the City Horticulturalist prior to certification; 2. That the windows contain a multi-light configuration with both horizontal and vertical muntins; 3. That all site plan references to the swimming pool and spa be removed; 4. That a five foot (5') right of way dedication to City Commission on SE 7th Avenue is made prior to plan certification; 5. That gate details are submitted and contain measurements and material notes; 6. That coping is added to the parapet features throughout; 7. That exterior lighting specifications are submitted; 8. That all hardscape materials are noted on the landscape and/or site plan; Report Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: • Survey • Site Plan • Streetscape Neighborhood Evaluation (Per Applicant) • Proposed Floor Plans • Roof Plan • Proposed Elevations • Door and Window Schedules • Existing Photographs fit _ , ______I ATLANTICJ C AVENUE // /1 ' Li ET--)) _ X ¢ o in Q ct / ¢ ( - S.E. 1ST ST. 1.....1 > a a a W ~ MIRAMAR DRIVE - Q 1 H H Q ' I - In U ¢ MI _ z _ a 0 W UJo I o x (n (n / (( __,(n- rr n A A ST. INGRAHAM AVENUE. 2ND I e- CFAN TFRR — 5 11 4 II C Vi IN la O Li W S.E. N D 1. Z. ST. - III �, BAY 0 p Z-$�.0. Z � ` - O— �i —O CO 1.% In im—m J FI-= — =- O_ 0 Q LANGER WAY O O -��-Z f- !n. .tee. z �_�� ¢ _-_ F mime rem I Q - S.E. 4TH �'��"� ST. 0L.. , CASUARINA I , ge711Qe�i;• Ct V«<: ST. , F— BUCIDA RD. ce Z _ W _ ...... Q �. L W ¢ ¢ �� Q N . 11 _S.E. 6TH- ST. 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Z 0 2 Q ^/ WI =1111N11111 ' 10w100 r r] 1e �I GW Nrl (V( N II!1 it I En- ..+Jf il iIIVO I . • s 1 14811,11 µ 5 ,..�.......i o • / w.a Y - CONSUL/Ant • • • SECOND FLOOR I PLAN -11Illlu IE r \ / v:+oNc.1.1 Nnucco 000 c aa .�e.]r a Protect Ilr-A202 l:J pro .Q� SECOND FLOOR PLAN A202 • D .... ............................................................................................................. ..... . . ,,... Perez Design , 1 AREA-CALCULA ; ....41=7.InceNomad f nt,10110.amm.„,..1.111.1:¢51 . I ICI N.ODD ....1, 1 ! I . 15.••.....e.n......1 . , I; . . . . . . • i .,,, .... 1 ""714.")/ .............., ; - ,..... . 1 i 1 1 1 T 1 . • , i L_ .1 I • .............„ I i ce 7 7 — . .1 ... ' R''1 !I .. 1 i 5 A w co >, CC uj 2 z cp ....t < - ,, w 1--• • • \-;----) 1.2, z 1.- . ; ciD 1;:,,___, ;: . :; :1 ,1 < 0 2 , cc c..) CD i 1 cc 41 < cCSD/ A.T . .. , i I 1.- 0 Lu L.I VI 1 we W _74,,j plox CV T ';t \-1---1 .. , .. : 44 N • : ;; r.•41.-.z..----= • "T-I--' ..74.,,ii I - __._,1 1 1 1 1 .! 1 ;1 !j • 1 1 1 N't &I / I i I 11 . 11 i It— i 11 - '• ) i \ • .1 ,. ROOF PLAN 1 ANDAL•IrUCCO i Drs.br 000 0 ts.Th OD 1 P.I.I No.06-623 Dr. LL-floce 213 1 [ 0 0 1 D.F.: lir-A 103 i DPe___ILDIK. ROOF PLAN A203 D frez Design Inmrycnt.g ❑ 7 ,as7mp iH p PI U a o t. L / ,\ j m W >. 111111�R� h ''— 2N Ob Z (uj 5 , �i i Z . o , 1' a< .. swdwP _ Q p o //,//„// ;//, / /,,, , /i //"//,' ,., ; /G/ ",/ /✓/i,,/„'„,/ ✓/�%��;',.✓ W c� Ei w W N WEST ELEVATION•FRONT 5. I O^r : �I i T 1... ..• NA.r,m r�Y rvr.m7 p gg ./. L=w��,�g7 M m 7 -, I .P. i. .... y �, � �_�_��a�__„�_ EXTERIOR i' l I', ELEVATIONS EEa� � Pu+OxE NNPr� rtgyljm YPI gN� N A,v JroUfS 4Y `\1 _ SrPI. nem� ,p-ram., ^B ce nceou i i. �� ,i, ,GrA/ i nrr i/G,.n ,,✓%/ i// ,//,,",/.."„1/. / ///„ /,'/ ,"/i //i,//,z,//e,.%//"" i/",/ /e !"�/,,i.i/G✓ n,�.�; / /.,,i�..,/, .✓.,+,�" g I ii ar i Yr i _— SOUTH ELEVATION•SIDE 0 — A301 • Perez Design mmmorn.e COB IV.1 AlsaM Ann. iI i.l�►}MMwi+.\ ,..rAi4hhhhhhhhhhaii�>+ I 34 itriM .vow noivv - - •P :�.;.- I-, r' , Q r , 0 ❑ C° cc — .Mari ' , ...IMI i I LU]iJt ,q f < 0 LU G w W 0 EAST ELEVATION•REAR n O RIk..L v:•,-t t. P.v v..n.rns ,- il k .n.r it SI t -yvor.....su ., „y ❑.. Iwo. k 1 rriTiavoiortiviAaros hh4 t EXTERIOR ELEVATION SIMAhM/M!hhhhM -h c^ O /,� % F - ° Drawn brm ] .' Dy PP.,M none momrtrt + 0 r rol.cl ov O6 6!] NORTH_ELE VATION•SIDE O — A302 41 FLOOR-DOgi/FAPAIE enure.E ,... .../..r O.r1 co. ...r... ... .w. .. ..W. ,•. rw. 1'Crez Design i01 -- -- I-a Y-a 1 VPS.D. —.-n•-.Incorporated CM. i0 101 au La.p r-r r-a r r.u.4.mt 7.1 aer r .;2q ua ❑I. iwl 301013I La. r-r r-a S a.or s.<cox )afif Or¢u .7.12, mm t r-r r-a 11/1 ❑� Y �"'---- "ramitle __ __ r-r r-a i ui u s.c oa INO __mQ_a_ ®1 -- -- r-e r-a 16/r' o.1/1.O. II 1.1 'Mil I I r-r r-a 1 l/0 9 u S.Dm. SC 1CCO two v. owe, III4E111 .mm.1 u. - — r-r r-a Il/1•II __ a r-a 1 ep•i— _ a ill ��I P.O. 6 t„re �66 Oii we '�—® __ - ® 141 and.FLOOR-DOOR/FRAA E SCFEDIAE w/Lw. Or 1 ..ru . J AMP -- — 'r r-a Il/o nSim Da .0 _ .0. I/i su.cO. I. —.Iu' .q 34.1 __ __ S-i Y-r Il/i 51.11...1.31 IC.ON tlu0 oID 1-r r-r .t .0.eo Nom 31.0 ' m c .a cc w o" Z I~—' m ida 0 c i.4I1%,FIRST FLOOR PLAN CC U scm V.'•r-a• cc a w I— n G w w N 2 n N pe.rr.i..r ..1. ICI -- iliMilliii ,II'I Contact..! • ---, • �I t p � DOOR • 10 II SCHEDULES F> e Prob.Y.n.eon C31I .nOP6.!ROCCO Orson. Project 11s.06-623 %nh .O o.a.Pu. •—.ioi� wet 1io➢L S11 ECOND FLOOR PLAN A501 • • • LA FLOCS-WYDOW/Ffw.E SCHEDULE I) r—^�^^^—i 1.• r.. e"l'O n "m v.:.0 n. .. n.n xr r...l. a WIRa1 6n Parr ...or rFr "aK r"aK a uKraxr, Perez 1=no,0lgn lI r-e,nr r am •i vn 4 m om°mwa .es7i1 :a a.n,: La. alulu Omar r-e Me -n,nr Ri m1p a• i".a°m° r-r u"rax1..I we • —==I1 10 4:COI la.: I.ala"WWII r r- K n: and u:r:Rl..lor or:Zars'in-P.m -O IAr x1M' ��aK a1�K r-r 1 a 1 101 CAI MI Cams mon.moor r-O,AC En Me ., W°° ��K r.. WV,axru, .. VIE I_' ® 0� �00® IW <r.:41: la:I MIraKWWII f-o lnr I.Il lnl' /"� ". a/"�yK e-0' rrKl axlutu�,W11.. I �Io .r —"191 w 4:a,: Ia:I aalolu 4mI, r.0 rnr r-n°nr „eK m:. ; K • r-r .sK,axnx w f� :v _ • „ 101 C.:an ,a.01 anao.ane.coma:, SO rnr .- ,n°• /i0m maa 'Ac mr. r-r .r....l `s 3 '��\� ( � `.II� 0 mill 1,8 Ia 41a,a lam: aala44maT faro,' r-Il,nr ")� �a aI41�nK r-°' uKtaxlwr 5 O ____ la Cn an ,aa ....MOOT r-o Mr r-II°nr �"tn'4 tua ai oK n^1 . ro.ct annar DOUBLE I gem Q Ro n:ala lau WAAL YON TO Dr r-e Ea .5 .A.,,� r-r r•K,avatar ► .1..1, II ---�' E--fC 0I. 1�. II® PSI OM MON Pam wee .Ill M: ao aa,a War r rn '<rr °[inn • i® WALT ea u a,ax,1 01 METAL CLAD CASEMENT WINDOWS DETAIL , n:na ,am1 nova..Iaa. �'/i -r,/i °J",an°p a/ K r< uK,aR,asue arn �,t7 _ __v to ra,n' .lir Ao aim 1 t `I� O-O O-O ` In 4:nu ,a W: aa,a 4m:1 r rn' r-o re i0 r.r Mu ar avnar O® r,AK ",�K -o W TOW �"4 a,rnaK rd Ix,/MSS la 1 C5 III 4:as L.D. ann.435a, 7-o w r4 .w�p .• 74.4. .cult ra• Aft.ax,1 1,1 U el w R:OW am now OR n Y-. a/fin a/� nMa ,-r rKt axlul • L,_ r^ : R:O. M. PDX.sac r-.1/r 1-.In• " r< .rKTaxwr m 1 I m as ur. aACM eon r/®c • a/®• K V.a,r b ro/M6W:aw Ia. PaWm0T a,nr C.unr vKw • a r WWI.S(411 .5 . In or OW la,M: a0m:4rmar ra„r o.0/0 7L K �a 1:-r searaxr.,r Z FOa — al%�FIRST FLOOR PLAN n1 Ca OM 1.01 IRO..WWar r "nK al w Ira uKraxral Q O =a,K '-1ln' C CC ,l• ' Gn.t /r.1'-o• ,n WIa1r UM aI,o14WWaI r ,,r Y.I,t/r' .rr a• %•® ,r-P ,r"14xIu, U Ill in VC oo/.aa .;..A. W Olt �plLc0i1 to 0I0111 lam. m.o.as.. r-a,nl• 1,111)Ar rWm • A ra' WIC..? Ill In In MI. to. 1110rr4 MOW ra Lr 1a1/1. /1.4K '• TX 1.0. ..avian M r'1 01 GI. Ima 1:a1o14 WWI, ra or r-oot. .fir° ,,,w, L°° a r-r WWI avi,ut Fa lMETAL CLAD CASEMENT WINDOWS DETAIL n:a in Co an: Lax aa1m4 row, r-o Mr 1011E1. i14. axmrrr al�w go r-a Moor 491101 M t:w:'5 .III ..,.. n 0 d FLOOR m^ :v.. ••r• AE w r.w CAA r,:w CAA x.. ..,..6. w: ts� R nK 4nw �.1 n1 row. ,ar,: n.rR.oac I-.Im I-I w. "J�w '<),n,K • It, W.avn..I an es. 4 liar rW R:,1, La. Klx.raa I IIn• VOW ralK ral�K • rr uKlaxr,., I I I r-=—==--_-��_-------1 xi, RIaw1 laW1 now woo O11 III 001 La. now ram r-Ila '.•In. •7:aa"w • •�• �® • ,a' uKl rut r-.In' avr im • .1® D S-• 1 m. Crc PO Ler. wan.moor rarn' Id �K .7.tor • r-r MKT maw CONSULTANT 5 - _& T ICI CO a:l ltr. 11001201411011 ra,n' 44 r/"�w .;10%K r 0' u4tax,wr !Prf� ,III, m a:n11 1a01 Pas-µ Wm01 ! . 4 4 w ..ary a1/r '.,O. xj.rm a/�K r-r xl/tars DOUBLE ______ O ._ 1" n:m a:a naps ra,/r rarn• a7",m "• , rr wart RUM. WINDOW o �_,,,-��-_•„� K R:aa ra sic ra,n' Oj� xr�K ra .eKT ax1..I SCHEDULES •1 __ __ .�..r a: R:aa .. KSa no. ra IN r-0,T .7 moo . t,g, r-r VAN axle, 03 (METAL CLAD PICTURE WINDOWS DETAL ., a a, ra,nvx Ili. WON.usoar allot"wane r3 r/; •'.,/AC vu�K mn ima mn re ...Maxi,arn�, P] fa,/r �nmK ,ar .7t nK r-°' �•g _ti. I® n1 RI ax lap KSx wane r-1 In• 1-I y 444 my x • Ir-a sr avSIonI PANDRCl 4 OC,.r. � K x%.® C/. 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' .„. .„ •.. v.,-- - •....!.I.J...-.-t:' ....`,....;:,.,.'., ••• , , .. -•,' ; '.; ' .,,,,1",,? ,,,•.',, .„ , • . -• • r' ,, .- - , . ,,' -'/ 1 .i,N••• i 0 ..0.*- . ,'• . i •••:--- . ' ,•1..."*.;,,-.4.• '*11,1";•%r•:k.•• ....,..';.4,?,'N,' . ,i• + , ,,,- 1.,, .,..., -.• , 7 . ., . ,, .. . - , A',,,,,'J.,',t.-rt.P.''''••' .-.% t,•',`, 1,1 :-' • • '.-' , ' • - - .0,4:,,'r,. 4,--- •-....., , . . , DELRAY BEACH 'All- L O O A All-America City I 1991 2001 SIGN IN SHEET Regular Historic Preservation Board Meeting March 7, 2007 PRINT FULL NAME ADDRESS OR ITEM NO. ORGANIZATION /1_ ,/ ;.2 '77,1 1Z,7/4e.vg ' ti?c0 i/ /114.515/hi sr rd( 1E2 i146 Wet ttiuc S (1)� ; L 7 hh Cs 13I \ E Wk. ;21' 3 zs- S4- -)f4-. V 1 f 3 V 1 zuvl ct4 16,, /4. - a / 'St' ' 4E C (ivaa 3-7( CoArec.(z__ 7 5,,47,_ .Ae 10 ?c( frk 6-#1/ r crize,th -k, 1 / ,v m` kilts HISTORIC PRESERVATION BOARD March 7, 2007 MEETING COMMENCED: 6:00 p.m. NAME ATTEND II.A. DISCUSSION LDR AMENDED REGULATIONS III.A.COA 1180-90 Nassau St. FIRST MOTION RESTATED MOTION RECOMMENDATIONS WITHDRAWN CONDITIONS VOTE: 4 to 2 Approved FAILED 5 TO 1 APPROVED 6 to 0 ROGER COPE P Made Motion Yes Seconded JOHN E. MILLER,JR. P No / /10 LINDA LAKE P No it) Made Motion TONI DEL FIANDRA P Made Motion Yes Made Motion JOANNE PEART P Seconded Seconded Yes • Seconded KIM FRENCH P Y RESTATED MOTION: Moved by Ms. Del Fiandra to recommend approval to the City Commission of the amendments to the Land Development Regulations (LDRs) by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. Board (Ms. Lake voted no) agreed to not recommend any conditions or suggestions from the original regarding the Ordinance as stated from its first reading to City Commission. MOTION WITH CONDITIONS: Moved by Recommended approval with reference to the recommendation in the staff report to the condition that 2.a.i. and 2.a.ii., page 20 having to do with maximum lot coverage for infill development be removed. MEETING ADJOURNED: 8:45 P.M. HISTORIC PRESERVATION BOARD March 7, 2007 MEETING COMMENCED: 6:00 p.m. NAME ATTEND II.A. DISCUSSION LDR AMENDED REGULATIONS III.A. COA 1180-90 Nassau St. FIRST MOTION RESTATED MOTION RECOMMENDATIONS WITHDRAWN BY MAKER CONDITIONS (Meaning No Conditions Added) VOTE: APPROVED 4 to 2 FAILED 5 TO 1 APPROVED 6 to 0 ROGER COPE P Made Motion Yes Seconded JOHN E. MILLER,JR. P No LINDA LAKE P No NO Made Motion TONI DEL FIANDRA P Made Motion Yes Made Motion JOANNE PEART P Seconded Seconded Yes Seconded KIM FRENCH P Y RESTATED MOTION: Moved by Ms. Del Fiandra to recommend approval to the City Commission of the amendments to the Land Development Regulations (LDRs) by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan. Board (Ms. Lake voted no) agreed to not recommend any conditions or suggestions from the original regarding the Ordinance as stated from its first reading to City Commission. MOTION WITH CONDITIONS: Moved by Recommended approval with reference to the recommendation in the staff report to the condition that 2.a.i. and 2.a.ii., page 20 having to do with maximum lot coverage for infill development be removed. MEETING ADJOURNED: 8:45 P.M. Valek, Denise From: Francisco [francisco@perezarchitects.com] Sent: Tuesday, March 06, 2007 1:41 PM To: Alvarez, Amy Cc: Valek, Denise; mark@listickandkrall.com; Dorling, Paul Subject: 706 SE 2nd St and 213 SE 7th Av Dear Amy, I have just received the two staff reports for the above referenced projects. Due to the nature of the reports, I would like to meet with Paul Dorling and you before going in front of the board. We wish to postpone the items until the next HPB meeting, and schedule a meeting with you two as early as possible. Please let me know if this presents a problem. Regards, Francisco. Sent using Sprint PCS Business Connection Personal Edition. Sign up at www.bc.sprintpcs.com. i