12-11-75SpMtg 229
DECEM[]ER I1~ 1975
A Special Meeting of the City Council of the City of Dolray
Beach, Florida, was held ir~ the Co~nci~ ~ 1 Chambers at 7:00 P.M., Thurs-
day, December 11, 1975, wit]] Mnyor James H. Scheifley presiding and
City ~]anager J. Eldon Mar]orr, City Attorney Roger Saberson, Council
men~ers Andrew M. Gent, Grace S. Krivos, David E. Randolph and Ron I.
Sanson, IV, present.
The Lord's Prayer was repeated in unison.
The Pledge of Allegiance to the Flag of the United States
of America was given.
Mayor Scheifley stated that this special meeting was called
for the purpose of considering Ordi~'~ance No. 50~75 concerning the
establishment of the supplemental criteria and procedural ru]_es to
be used by the Community Appearance Board and any other business
~hat may come before Council.
The City Manager presented Ordinance No. 50-75.
AN ORDINANCE OF T~ CITY COUNCIL 0F T~ CI~ OF
DEL~Y BEACH, FLORIDA, ESTABLISHING THE SUPPLE-
ME~AL CRITERIA A~ PROCEDURAL RULES TO BE USED
BY THE CO,UNITY APPEA~NCE BOA~ IN EVALUATING
THE APPLICATIONS REQUIRED TO BE SUBMITTED TO SAID
BOARD BY O~INANCE NO. 27-75.
(Copy of Ordinance No. 50-75 is attached to the official
copy of these minutes.)
City Manager Mariott stated this Ordinance was passed on
firs% reading on Nove~er 24, 1975. The City Manager read the caption
of the Ordinance. A Public Hearing was held,having been legally ad-
· vertised in compliance with the laws of the State of Florida and the
"'~harter of the City of Delray Beach. There being no objections, the
Public Hearing was closed. Mr. Gent moved for the passage of Ordi- .
nance No. 50-75 on second and final reading, seconded by Mr. Sanson.
Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos -
Yes; Mr. Randolph -Yes; Mr. Sanson -Yes; Mayor Scheifley- Yes. The
motion passed with a 5 to 0 vote.
Mr. Sanson inquired as. to the status of the City Pool, stating
he had seen an article in a local newspaper wherein Mr. John Dance,
Director of the County's Parks and Recreation, stated that he has had
no formal communication from the City of Delray Beach as to what the
City wants to do about the pool. The County is now looking for al-
ternate sites at other areas of the South County.. ~he City Manager
advised that Commissioner Medlen had been notified of the City's
position in this matter.
The meeting was adjourned at 7:12 P.M.
230
230A
ORDINANCE NO. 50-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING THE SUPPLE-
MENTAL CRITERIA AND PROCEDURAL RULES TO BE USED
BY THE CO~4UNITY APPEARANCE BOARD IN EVALUATING
THE APPLICATIONS REQUIRED TO BE SUBMITTED TO
SAID BOARD BY ORDINANCE NO. 27-75.
WHEREAS, on July 28, 1975, by Ordinance No. 27-75, the City Council
of the City of Delray Beach established a Co,mmunity Appearance Board; and,
WHEREAS, in Section 2-34(c) of said ordinance, the standards for
evaluating applications submitted to the Community Appearance Board were to
be those set forth in Ordinance No. 27-75 and a set of Supplemental Criteria
and Procedural Rules to be adopted by the Community Appearance Board after
its formation; and,
WHEREAS, the members of the Community Appearance Board have been' duly
appointed and pursuant to the requirements of Section 2-34 set forth above.
have determined that the Supplemental Criteria and Procedural Rules set
forth herein be recommended to City Council,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRA~
BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the following will comprise the Supplemental Criteria
and Procedural~ Rules for the Community Appearance Board of Delray Beach:
DEFINITIONS.
PROPER DESIGN CONCEPTS - refers to architectural planning and to
the analysis of the whole structure in terms of form and function
as it relates to aesthetics and composition, color, materials, and
surface decoration.
It includes scale in relationship to scale of adjacent buildings
and landscape. It applies to inner character of the individual
project. It applies in the same manner to alterations and advertis-
ing on the project (building). No one will be permitted the excuse
that the area contains other unsightly buildings.
HONEST DESIGN CONSTRUCTION - concerns proper design of all work in
its details, the uses of weather resistant material, etc. Applies
also to advertising. Poorly designed work must always be discour-
aged.
APPROPRIATE TO SURROUNDINGS - this'does not mean uniformity in style
or subordination to existing buildings, but rather to bringing new
buildings into an orderly relationship with landscape and nature,
other buildings and open areas. Again, scale and composition come
into importance, related here to adjacent properties. Surroundings
are not only the buildings within a neighborhood, but shall be con-
sidered as the total picture. Future surroundings must also be
weighed. Advertising signs on buildings must be appropriate to the
surroundings in the same way.
SCALE - the characte~ of any architectural work is determined both
in its internal space and in its external volume by the fundamental
factor of scale, the relation between the dimensions of man.
SPACE - the experience of space, a characteristic of architecture,
as~ts extension in the City, in the streets, squares, alleys and
parks, in the playgrounds and in the gardens, wherever man has
defined or limited a void and so has created an enclosed space. If,
in the interior of a building, space is defined by six planes (floor
230B
cefl-i-~g An---d--~ wa!ls)-~-~h-l-~ does not mean that a void enclosed by
five planes instead of six - as, for example, a roofless courtyard
or public square, cannot be regarded with equal validity as space.
All urban space, wherever the view is screened off, whether by
stone walls or rows of trees or emban~nents, presents the same
features we find in architectural space. Every building creates
two kinds of space: its internal space, completely defined by that
building and the others around it. All objects - bridges, fountains
groups of trees, walls and, in particular, the facades of buildings
are brought into play in the creation of urban space.
PROPORTION - the relation of one portion to another, or to the whol
or of one thing to another, as respects to magnitude, quantity or
degree and ratio.
GARISH - too bright or gaudy; showy, glaring; also cheaply brilliant
or involving excessive ornamentation.
PRELIMINARY REVIEW REQUIREMENTS.
Preliminary review by the Community Appearance Board is discretionary.
An applicant desiring to use the preliminary review mechanism shall,
prior to requesting preliminary review, submit the following material
to the Board which shall include two completed items on which the
owner or his representative may desire consultation with the Board:
Two sets of preliminary drawings and specifications which may
include any or all of the following items on which the owner or
his representative may desire consultation with the Board:
a. Site plan showing all improvements, existing conditions, fully
dimensioned.
b. Landscape Plan (may be incorporated into site plan) showing all
plant material existing and proposed with required information
as to location, name (either common or botanical), size and
quality.
c. Exterior elevations with material designations.
d. Outline specifications of facade and roof treatments.
e. Sketches of signs and their dimensions.
f. General exterior color description, including signs.
FINAL REVIEW REQUIREMENTS.
The final review is that stage in the review process of the Community
Appearance Board after which the Board makes a formal decision with
regard to the recommendation it will make to the City Council on an -
application for a permit to erect a building, structure or sign, or to
materially alter the elevation of a building, structure or sign. Prio
to initiating the final review of the Community Appearance Board, the
applicant will submit the following material to the Board:
Two copies of the Com~.~unity Appearance Board application form and
two sets of final working drawings which shall include:
a. Site Plan showing setbacks, and all site development as
~equired by this ordinance.
b. Final Landscape Plan (may be incorporated into site plan)
showing all plant material existing and proposed with required
information as to'location, name (either com~non or botanical),
size and quality.
c. Building Plans (including roof plan).
d. All exterior elevations. (Elevations must include all items
affecting the appearance of the building, including but not
limited to, air conditioning, compressors, signs.)
Ord. No. 50-75
230C
e. Detailed drawings for all signs, except those which cannot
be determined because the occupancy of the space is not
known. Any signs not approved by the Board for this reason
must be approved prior to the issuance of a sign permit.
f. Exterior surface treatments, including roofs.
g. Exterior color samples shall be submitted with the applica-
tion, including that of signs.
Approval of this Board on any project shall be in the form of
stamped and signed sets of drawings returned to the Building De-
partment. Three (3) members of the Board will sign the approval.
The approval will state that "No changes shall be made to the in-
formation on this approved set of drawings during or after the
construction period, that would in any way constitute a change in
the aesthetic character of the project, without approval of the
Community Appearance Board".
GENERAL REQUIREmeNTS.
The general requirements outlined in this section are minimum aesthe
tic standards for all site development, buildings, structures, or
alterations within the corporate limits of Delray Beach, Florida,
except single family residences.
It is required that all site development, structures, buildings or
alterations to site development, structures, or buildings, show
proper design concepts, express honest design construction and be
appropriate to surroundings.
BUILDINGS.
GENERAL.
a. Buildings or structures which are a part of a present or
future group or complex shall have a unity of character and
design. The relationship of forms and the use, texture, and
color of materials shall be such as to create a harmonious
whole. When the area involved forms an integral part of, is
immediately adjacent to, or otherwise clearly effects the
future of any established section of the City, the design,
scale, and location on the site shall enhance rather than
detract from the character, value and attractiveness of the
surroundings.
b. Buildings or.structures located along strips of land or on
single sites, and not a part of a unified multi-building
complex, shall strive to achieve visual'harmony with the
surroundings. If they are built in undeveloped areas, the
three primary requirements shall be met - express honest
design construction, show proper design concepts, and be
appropriate to the City of Delray Beach.
c. All facades vi~'ible to public or adjacent property shall be
designed to create a harmonious whole. Materials shall ex-
press their function clearly and not appear as a material
· foreign to the rest of the building.
d. To be harmonious it is not to be inferred that buildings must
look alike or be of the same style. Harmony can be achieved
through the proper consideration of scale, proportions, site
planning, landscaping, materials and color.
e. Look-alike buildings are not allowed unless, in the opinion
of the Board, there is sufficient separation to preserve the
aesthetic character of the present or evolving neighborhood.
Ord. No. 50-75.
230D
This is not to be construed to prohibit duplication of floor
plans and exterior treatment in a planned development where,
in the opinion of 'the Board, the aesthetics of the develop-
ment depend upon, or are enhanced by the look-alike buildings
and their relationship to each other.
f. Buildings, which are of symbolic design for reasons of ad-
vertising, unless otherwise compatible with the criteria
herein, will not be approved by this Board. Symbols attached
to buildings will not be allowed unless they are secondary
in appearance to the building and landscape and are an aes---
thetic asset to the building project and neighborhood.
g. Exterior lighting may be used to illuminate a building and
its grounds for safety purposes, but in an aesthetic manner.
Lighting is not to be used as a form of advertising in a
manner that is not compatible to the neighborhood or in a
manner that draws considerably more attention to the building
or groundS at night than in %he day. Lighting following the
form of the building or part of the building will not be
allowed if, in the opinion of the Board, the overall effect
will be garish or detrimental to the environment. All fix-
tures used in exterior lighting are to be selected for
functional aesthetic value.
h. Building surfaces, walls, and roofs that are considered
garish by the Board will be denied approval.
i. "Take out" or "Pick up" windows of retail or wholesale esta-
blishments shall not be located on a building facade that
faces a public right-of-way, unless they are designed in such
a manner as to be an aesthetic asset to the.building and
neighborhood.
j. All exterial forms, attached or not to buildings, shall be
in conformity to, and secondary to, the building. They shall
be an asset forth to the aesthetics of the site and to.the
neighborhood.
k. All telephones, vending machines, or any facility dispensing
merchandise, or a service on private property, shall be con-
fined to a space built into the building or buildings or
enclosed in a separate structure compatible with the main
building.
GASOLINE STATIONS.
Gasoline stations must fallow all criteria set forth in this,
and ~11 sections of "Supplemental Criteria and Procedural Rules -
of the Community Appearance Board". The following is added
criteria:
a. Symbolic color of the exterior facades or roofs may not be
used unless they are harmonious with the atmosphere of the
neighborhood and Delray Beach.
b. Exterior display of.goods for sale or displays designating
a service will not be allowed, except that a display of goods
and tools of a service may be displayed on the pump island,
provided the island is not considered by the Board to be
enlarged to take advantage of this provision, and provided
the goods and tools be such that they can be used or installe~
at the island. For example: An oil rack is acceptable, but
a tire display is not.
c. Areas used to store material, such as mufflers, tires, packin~
crates or cases, refuse and garbage, shall be screened from
adjacent property and from the public view. ,
--4--
Ord. No. 50-75.
230E
SIGNS.
The aesthetic quality of a building, or indeed, of an entire neigh-
borhood, is materially affected by achieving visual harmony of the
signs on or about a structure as they relate to the architecture
of the building or the adjacent surroundings. In addition to the
mechanical limitations on signs imposed by Chapter 3 of the City
· -Code of Ordinances, there are certain aesthetic considerations
which must be met.
a. The scale of the sign must be consistent with the scale of the
building on which it is to be placed or painted.
b. The overall effect of the configuration or coloring of the sign
shall not be garish. The colors shall not conflict with other
signs already on the building or in the immediate vicinity.
EXTERIOR SPACE.
The scale of exterior space is to be relative to its neighborhood,
adjacent properties, buildings, access (roads and pedestrian routes)
and its activity. Building facades enclosing a space must be
harmonious. Where, because of their use or age, like facades are
not possible, consideration should be given to unifying the walls
of the space by the application of landscaping, or manmade objects
of like design, at modular spacing. The floor of a space is of
primary importance. Its materials, texture and color, contour and
shadow'on it are to be considered, not only in relation to the
space, but to its setting. Careful consideration shall be given to
the preservation of natural vistas and to the future development
of vistas which open into undeveloped areas.
GENERAL LANDSCAPING.
a. Emphasis shall be placed upon landscaping as a means of achievin
beauty in the community. It will be required on all projects,
and in some projects and areas, it will be the primary tool
available. Delray Beach, with its sub-tropical vegetation and
characteristics, is blessed with diverse areas of native plants
and terrain to serve as guides and models.
b. Landscape design and planning shall be integrated with the over-
all area design concept and not be considered merely as an after-
thought. Toward this end, proposed landscaping themes will be
evaluated as to their relationship to the existing natural land-
scape, developed and other proposed landscape, including those
- on adjacent properties and street rights-of-way and the building
or buildings existing and prop6sed.
c. The existing natural landscape character shall be preserved
whenever possible. As an example of this, in an area containing
a stand of trees, the developer should preserve as many of these
trees as possible, and further, landscape in a complementary
manner, rather than destroy the existing trees and replant with
a type of vegetation foreign to the immediate natural environ-
ment.
d. Landscaping includes not only trees and plantings, but paving,
benches, fountaips, exterior lighting fixtures, fences, and
any other item of exterior furniture. All items of the land-
scape are to be selected not only for their functional value,
but for their aesthetic value, and must complement the whole.
e. One of the uses of landscaping will be to screen. It is the
masking out or concealing of any objectionable area. The
achievement of this is left to the designer, whether by walls,
fences, mounds of earth, or vegetation. It must be complement-
ary to the whole as outlined above. Screening shall be employed
to mask from the public view of adjacent properties such service
Ord. No. 50-75.
230F
areas as trash and garbage areas, outside equipment of unaes-
thetic character, and accessory buildings or areas not enhancing
or in keeping w~th the aesthetics of the project or neighbor-
hood. Screening of air cOnditioning units and other mechanical
equipment shall be accomplished in a manner that does not inter-
fere with the proper operation and/or maintenance of such
equipment.
f. Landscaping shall be designed in such a manner as to impart its
aesthetic character when viewed from any area accessible to the
public or from adjacent properties. This is to include view -
from higher structures.
g. All landscaping and plantings designated on the plans approved
by the Board shall be installed in accordance with the specifi~
height, spread and quality before a Certificate of Occupancy is
issued.
h. Additional landscaping requirements can be found in Section 15C
of the Code of Ordinances of the City of Delray Beach.
CRITERIA FOR PARKING LOTS AND VEHICULAR USE AREAS.
a. Parking lots and other vehicular use areas are to be designed
as an aesthetic asset to a neighborhood and to the building,
group of buildings, or facility they serve. A parking lot is
to be considered an outside space, a transitional space which
is located between the access (such as roads) and the building,
group of buildings or other outside spaces, which it serves.
The parking lot, because it is viewed from above as well as at
eye level, should be designed accordingly.
b. Parking lots, vehicular use areas, and their parked vehicles
are to be effectively screened from the public view and from
adjacent property, and in a manner that is attractive and com-
patible with safety, the neighborhood, and facilities served.
c. The atmosphere within the parking lot and vehicular use area
is to be park-like, rather than the harsh hardstand of paving.
Trees are of primary importance in the landscape. They are not
.to be minimized in either height or quantity. The tree imparts,
especially in a relatively flat area, a sense of three-dimen-
sional space. It casts shadows that reduce the monotony of the
expanse of paving and creates a refuge from the tropical sun.
Signs designating entrances, exits, and regulations are to be of
a tasteful design and.subject to review by the Board. The pave-
ment is to be more than wall to wall asphalt.
It is recommended that pavement be varied in texture or color -
designating lanes for automobile traffic, pedestrian walks and
parking spaces. Bright colored pavement is to be used only wi%
restraint. In order to create a pleasant atmosphere, it is
recommended that consideration be given to sculpture, fountain~
gardens, pools and benches. Design emphasis is to be given to
the entrances and exits to the lot. Trash, refuse and unaes-
thetic storage and mechanical equipment should be Screened from
the parking lot. ~
d. Lighting is to be designed not only from the standpoint of safe-
ty and resistance to vandalism, but for visual effect. It shoul(
avoid any annoyance to the neighbors from brightness or glare.
It should not impart a prison-like atmosphere. Low lights of
a modest scale can be used along with feature lighting empha-
sizing plants, trees, barriers, entrances and exits. The
fixtures are to be selected not only for their functional value,
but for their aesthetic qualities. They are to be-considered
furniture of the parking lot visible both day and night.
--6--
Ord. No. 50-75.
230G
e. Additional off-street parking and loading regulations can be
found in Chapter 29 of the Code of Ordinances of the'City of
Delray Beach.
SECTION 2. That this Ordinance shall become effective on Second
and final reading.
PASSED AND ADOPTED in special session on second and final reading on
this the llth day of December , 1975.
ATTE S T:
City Clerk '"
First Reading November 24, 1975
Second R~ading December 11, 1975
- 7 -
Ord. No. 50-75