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12-93 ORDINANCE NO. 12-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.5.1(J), "HISTORIC PRESERVATION BOARD TO ACT ON VARIANCE REQUESTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE ADDITIONAL CRITERIA FOR GRANTING A VARIANCE IN HISTORIC DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, is desirous of providing additional flexibility to promote the adaptive reuse of structures within historic districts; and, WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of January 11, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT oRDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.5, "Overlay and ~vironmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(J), "Historic Preservation Board to Act on Variance Requests", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (J) Historic Preservation Board to act on Variance Requests: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board ~I may be guided by the following ~//~~//~ as an alternative to the criteria normally used by the Board of Adjustments. (1) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) Special conditions and circumstances exist, because of the historic setting, location, nature or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district or historic site to such an extent that it would not be feasible to preserve the historic character of the historic district or historic site. (d) The variance requested is the minimum necessary to ~~//~h~ ~~///~f preserve the historic'character of a historic site or of a historic district. (2) Or, as an alternative to subsection (J) (1), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: (a) A variance would not be contrary to the public interest~ safety, or welfare. (b) The variance would not significantly diminish the historic character of the Historic District or Site. (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existing structure or site. (~) The Board shall otherwise follow all procedures~ and impose conditions~/~MM/~R~//f~M~M~ as required of the Board of Adjustments Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 9th day of February , 1993. ATTEST: ~ City C~erk ~ ~ First Reading January 26, 1993 Second Reading February 9, 1993 - 2 - Ord. No. 12-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~!~ SUBJECT: AGENDA ITEM ~ /Or - MEETING OF FEBRUARy 9, ~993 0RDINAN~E NO, 12-93 DATE: February 5, 1993 This is the second reading of an ordinance amending the Land Development Regulations to provide additional criteria for granting a variance in Historic Districts. This requested change came about as a result of a workshop discussion among members of the Historic Preservation Board, Planning and Zoning Board and the task team looking at the Old School Square Historic Arts District regulations. The reason behind the amendment is to provide additional flexibility to promote the adaptive reuse of structures within Historic Districts. The Planning and Zoning Board at their January llth meeting recommended approval of the amendment. A detailed staff report is attached as backup material for this item. At the January 26th regular meeting, Ordinance No. 12-93 was passed on first reading by a 3-0 vote (Mayor Lynch and Mr. Randolph left chambers). Recommend approval of Ordinance No. 12-93 on second and final reading. ORDINANCE NO. 12-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING REGULATIONS", SECTION 4.5.1(J), "HISTORIC PRESERVATION BOARD TO ACT ON VARIANCE REQUESTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE ADDITIONAL CRITERIA FOR GRANTING A VARIANCE IN HISTORIC DISTRICTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, is desirous of providing additional flexibility to promote the adaptive reuse of structures within historic districts; and, WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the subject matter at its meeting of January 11, 1993, and has forwarded the change with a recommendation of approval; and, WHEREAS, pursuant to Florida Statute 163.3174(1) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with, and furthers the objectives and policies of, the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 4, "Zoning Regulations", Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.1, "Historic Preservation Sites and Districts", Subsection 4.5.1(J), "Historic Preservation Board to Act on Variance Requests", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (J) ~istori¢ Preservation Board to act on Variance Requests: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board ~II may be guided by the following ~//~~//~ as an alternative to the criteria normally used by the Board of Adjustments. (1) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) Special conditions and circumstances exist, because of the historic setting, location, nature or character of the land, structure, appur{enance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district or historic site to such an extent that it would not be feasible to preserve the historic character of the historic district or historic site. (d) The variance requested is the minimum necessary to ~~//~ ~~///~f preserve the historic character of a historic site or of a historic district. (2) Or, as an alternative to subsection (J) (1), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: (a) A variance would not be contrary to the public interestf safetyf or welfare. (b) The variance would not si~nificantl~ diminish the historic character of the Historic District or Site. (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existinq structure or site. (Z~) The Board shall otherwise follow all procedures~ and impose conditions~/~/~//f~ as required of the Board of Adjustments. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1993. MAYOR ATTEST: City Clerk First Reading Second Reading - 2 - Ord. No. 12-93 CITY COMMISSION DOCUMENTATION TO: ~-4)AVID T. HARDEN, CITY MANAGER THRU: ~gf~ID J. KOVACS, DIRECTOR DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 26, 1993 FIRST READING~ ORDINANCE AMENDING LDRs SECTION 4.5.1(J) TO PROVIDE ADDITIONAL CRITERIA FOR GRANTING A VARIANCE IN HISTORIC DISTRICTS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading, of an ordinance modifying the City's Land Development Regulations (LDRs). The affected Section is: * 4.5.1(J): Historic Preservation Board to Act on Variance Requests BACKGROUND: This requested change came about during a workshop discussion among members of the Historic Preservation Board (HPB), the Planning and Zoning Board, and the task team looking at the OSSHAD District regulations. The reasoning behind the regulation is that of providing additional flexibility to promote the adaptive reuse of structures within Historic districts. Please refer to the Planning and Zoning Board Staff Report for more detail. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board formally reviewed this item at a Special Meeting held on January 11, 1993. Mr. Sandy Jamison of the HPB addressed the item and supported the amendment. Mr. Jamison also suggested that the additional criteria for granting City Commission Documentation First Reading, Ordinance Amending LDRs 4.5.1(J) Criteria For Granting a Variance in Historic Districts Page 2 variances in historic districts be allowed to be used as an alternative to, rather than in addition to, the criteria used by the Board of Adjustments. The Board then forwarded the item with a recommendation of approval on a 5-0 vote (Currie and Felner absent). RECOMMENDED ACTION: By motion, approval on first reading of the following amendments to LDR Section 4.5.1(J): (J) Historic Preservation Board to act on Variance Requests: Pursuant to the powers granted in Section 2.2.6(D), the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board ~M~ may be guided by the following ~ ~~ ~ as an alternative to the criteria normally used by the Board of Adjustments. (1) That a variance is necessary to maintain the historic character of property through demonstrating that: (a) A variance would not be contrary to the public interest, safety, or welfare. (b) Special conditions and circumstances exist, because of the historic setting, location, nature or character of the land, structure, appurtenance, sign, or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district, which have not been designated as historic sites or a historic district ~ nor listed on the Local Register of Historic Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character of the historic district or historic site. (d) The variance requested is the minimum necessary to ~~ ~ ~~Z~ ~f preserve the historic character of a historic site or of a historic district. (2) Or, as an alternative to Sub-Section (J)(1), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site through demonstrating that: City Commission Documentation First Reading, Ordinance Amending LDRs 4.5.1(J) Criteria For Granting a Variance in Historic Districts Page 3 (a) A variance would not be contrary to the public interest~ safety~ or welfare. (b) The variance would not siqnificantly diminish the historic character of the Historic District or Site. (c) That the variance requested is the minimum necessary , to effect the adaptive reuse of an existinq structure or site. (Z~) The Board shall otherwise follow all procedures~ and impose conditions~ ~ ~ f~~ as required of the Board of Adjustments. Attachments: * Ordinance by others * P&Z Staff Report & Documentation of January 11, 1993 DD\T:CCHISVAR.DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 11, 1993 AGENDA ITEM: LDR TEXT AMENDMENT RE ADDITIONAL CRITERIA FOR GRANTING A VARIANCE IN HISTORIC DISTRICTS ITEM BEFORE THE BOARD: The item before the Board~-is that of making a recommendation to the City Commission regarding a proposed change to the LDRs. The changes contemplated will accommodate the granting of a variance based upon a basis dealing with "adaptive use". This criteria would be applicable only within Historic Districts or upon Historic Sites. BACKGROUND: The need for special relief for adaptive reuse, particularly within the older sections of the community and in the historic districts, has been an item of discussion for quite awhile. These discussions were, perhaps, most intense early in 1991. After some Joint meetings with the City Commission, Historic Preservation Board, the Planning and Zoning Board, and others, a commitment to look at the situation was made. Subsequently in task team meetings by the group looking at the OSSHAD District, there was an apparent conclusion that, based upon a review of actual variance considerations, additional criteria was not needed .... the record showed that most variances which were applied for, within Historic Districts, were granted. Later, at a worksession discussion with task team members, representatives of HPB and OSSHOD and the Planning and Zoning Board the issue was raised again and it was thought that it would be appropriate to establish a special criteria focused upon "adaptive reuse" and that it be applied only within Historic Districts. This subject is raised, concurrently with proposed amendments to the OSSHAD District. TEXT AMENDMENT: PROPOSED AMENDMENT TO SECTION 4.5.1(J) FOR THE PURPOSE OF BROADENING THE BASIS UPON WHICH A VARIANCE CAN BE GRANTED WITHIN HISTORIC DISTRICTS~ Section 4.5.1 Historic Preservation Sites and Dlstricts~- (J) Historic Preservation Board to act on Variance Requests~ Pursuant to the powers granted in Section 2.2.6(D), · P&Z Memorandum Staff.Report LDR Text Amendment Re Additional Criteria for Granting a Variance in Historic Districts Page 2 the Historic Preservation Board shall act on all variance requests, within a Historic District or on a Historic Site, which otherwise would be acted upon by the Board of Adjustments. In acting on such variance requests the Board shall be guided by the following in addition to the criteria normally used by the Board of Adjustments. (1) That ,a variance is necessary to maintain the historic character of property through demonstrating that:- (a) A variance would not be contrary to the public interest, safety, or welfare. (b) Special conditions and circumstances exist, because of the historic setting, location, nature, or character of the' land, structure, appurtenance, sign or building involved, which are not applicable to other lands, structures, appurtenances, signs, or buildings in the same zoning district which have not been designated as historic sites or a historic district nor listed on the Local Register of Historic Places. (c) Literal interpretation of the provisions of existing ordinances would alter the historic character of the historic district, or historic site to such an extent that it would not be feasible to preserve the historic character, of the historic district or historic site. (d) The variance request is the minimum necessary to maintain the preservation of the historic character of a historic site or of a historic district. (2) Or, as an alternative to Sub-Section (J)(1), that a variance is necessary to accommodate an appropriate adaptive reuse of a structure within a Historic District or upon a Historic Site throuqh demonstrating that: (a) A variance would not be contrary to the public interest~ safety, or welfare. (b) The variance would not siqnificantly diminish the historic character of the Historic District or Site. (c) That the variance requested is the minimum necessary to effect the adaptive reuse of an existinq structure or site. P&Z Memorandum Staff Report LDR Text Amendment Re Additional Criteria for Granting a Variance in Historic Districts Page 3 (Z~) The Board shall otherwise follow all procedures, impose conditions, and make findings as required of the Board of Adjustments. ANALYSIS/BASIS FOR THE PROPOSED AMENDMENTs The reason being the above proposal is to be able to accommodate variances based upon a finding pertaining to accommodation of adaptive reuse of a structure. While this new criteria will be mainly imposed upon properties which have no historic significance themselves, it will also apply to the adaptive reuse of historic structures. In the first instance, without the proposed amendment, only the standard variance criteria would apply. That criteria is not suited for accommodating the unique objectives of mixed use districts such as OSSHAD. Also, due to the unique nature of OSSHAD (the only true mixed use zone district currently in the LDRs, besides SAD), some historic structures may be hindered in efforts of adaptive reuse due to site constraints not associated historic features [i.e. current basis for a variance - ref (J)(1)]. RECOMMENDED ACTION: By motion, forward the proposed changes to the LDRs which expand the variance authority within Historic Districts when based upon consideration of "adaptive reuse" along with a finding that the proposed change is consistent with the Comprehensive Plan and furthers Objective A~A-e~the Future Land Use Element. Report prepared by~~A~~_ DJK/PZVARI.DOC MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~/~ SUBJECT: AGENDA ITEM # ;~ - MEETING OF JANUARY 26, 1995 ORDINANCE NO. 12-93 DATE: January 22, 1993 This is first reading of an ordinance amending the Land Development Regulations to provide additional criteria for granting a variance in Historic Districts. This requested change came about as a result of a workshop discussion among members of the Historic Preservation Board, Planning and Zoning Board and the task team looking at the Old School Square Historic Arts District regulations. The reason behind the amendment is to provide additional flexibility to promote the adaptive reuse of structures within Historic Districts. The Planning and Zoning Board at their January llth meeting recommended approval of the amendment. A detailed staff report is attached as backup material for this item. Recommend approval of Ordinance No. 12-93 on first reading. BOCA BATON ~ I)ELRAY~~~ BOYN] ON BFACU~ DEERFIFLD I~FACI! I~ ~11 J I~ OF~EGU~TiONSTHE LANDoF THEDEV[uOPMENTcoDE OF A PUBLIC HEARING will N NI~ o~ OROINANC~S OF THE CITY OF Published Daily ~,.,~,, . T~,,. ~.,, .. .,STO.,C ~,ST~,C~S; _._~ __~~nn~av through Sunday ~,,. ,. ,.w ,~, ~.~. C~USE, Boca Baton. Palm Beach County, Florida ~,..+,, ~. ~,..~,~... Delray Beach. Palm Beach County. Florida ~,"'~ ~c.'~'"'~ ,~ ~"c~ c,~' '~., ~ ~'~ STATE OF FLORIDA ~.o~,~o.,i ...... sc.~L SQUAR~ HISTO,IC A,TS COUNTY OF PALM BEACH ~,- ~.o o~v~O~E.. ,~OU~A- Before the undersigned authority personally ~,ss,o. o~ TH~ CITY O~ OEL~AY "EACH. ~O"IOA; ~"OVIOING A appeared Nancy Smith, Inside Sales Man- T,ONDEVELOPMENT,.6.7, ~IGNS',REOU~TioNsOF THE ~,OoF TIvEPEALERDATE.CLAUSE' AND AN EF;EC. ager of The News, daily newspapers pub- THEREPEALiNGCITY OF DELRAYsuB.SUBSECTioNBEACH BY lished in Boca Baton in Palm Beach County, 4.6.7(C)(S), 'BANNER SIGNS AND AN ORDINANCE OF THE CITY CO~ Florida; that the attached copy of advertise- SU~SUBSECTION i.&I(C)(/}, BEACH, FLORIDA, ~ENDING mont was publishod in s~id newspapers in ~o~,,~ ~o~ ,~ ~o~,,,,~o~ ,,o~r..~o~,~ the issues of: su.u.sEc.o. -.;,~,,,~,. ~.o o.v~o.~..T .ou~- /~ ~]~/)~1 · lNG, AND TO PROVIDE FOR THE IN-LIEU FEE OPTION TO THE OLD  -- ~ ' FLYI~ OF NO MORE THAN ~H~L S~ARE HISTORIC ARTS LESS TH~ ONE ACRE AND ONE~VI~ C~USE. A GENE~L RE. F~ PER 15.~ ~UARE FEET 0NPEALER C~USE. AND AN EFFEC- Affiant further says that The News is a ANEF~ECTIVEOATE. "EACH, ;LORIOA, ~ENOINO newspaper published in Boca Baton, in said ~m ,,0.s., s~cT,o. ,.,.~, Palm Beach County, Florida. Monday .. 0.Dl..MCE OF THE CITY C~ TION (C}, OF Y.~ ~.0 MISSION OF THE CiTY ~ ~LRAY MENT REGU~T~ONS OF THE B~H, F~RI~ ~NDI~ SEC- C~E OF OROINANCES OF THE through Sunday, and has been enteredas T,O. ~.,S O' TH~ CO~ O~ O*Ol- CITY OF ~L"A' 8EACN, second class matter at the post office in ..~cT.o. o~ TH~ ..M.E. ~ STANDS. .EA~UARTERS ALTERNATE M~BERS OF THE NECE$~RY $UP~RT F~ILITIES~ Boca Raton. Palm Beach County. Florida, ~.~o~,o,~.~o.c.~.. ~..o; .s ~ ..~,.~0 for a period of one year next preceding the E, C~USE, A ~VING C~USE, C~USE, A GENERAL REPEALE* first publication of the attached copy of ~.~ advertisement; and affiant further says that ~. o.o,.~.c~ ~ T~ C,T. C~ he has neither paid nor promised any ~,~,~ o~ ~ c,~ o~ 0~. .. ~o,.*.CE ~ T.~ C,.. poison, fi~m o~ co~poF~tion any discount, ~[~~t~. ~, ~o~,~o ~touu. TICU~RLY ~RIBED HEREIN, TION~, SECTION 4.3.I(K), rebate, commissionorrefund for the pur- FR~ ~ (~NNEO C~R- ~VELOPMENT STANOAROS CIAL) D~TRI~ TO AC TRIX'. ~ THE ~NO OEVELO~ pose of securing this advertisement for pub- (AUT~TIVt C~*ClAL) ~ ~ENT "EG.~TIO"S TRICT; ~lO ~ND BEING L~T- CODE OF O~OlNA~ES OF T~E lieationm~- said~~:-~---'-~~. "~ a '~ ~ s,o. a ,~o,,. c,~ o, oE~,A, ,..c., AL HIGHWAY, ~TH OF LiNTON OA. TO RE.CE THE BOULEVARO; A~O CORRECTI~ NEAN SET~ACK FOR OUPLEXES ~1~ ~P ~ OELRAY B~CH, IN THE RL AND RM ZONING OlD FLORI~ 1~; PROVIDING A T~ICTS FR~ ~ FEET TO GENE~L REPEALER C~USE, A FEET; PROVIDING A ~VING ~VING ~USE. AND AN EFFEC- C~U~E, A GENERAL REPEALER  TIVE ~TE. C~USE, AND AN EFFECTIVE ~ ~ ~ OATE. AN ~OINA~E ~ THE C~ C~ ~ ~ e ~1 ~ BEACH, FL~IO~ ~NOI~ A~ ~ e ~ ~ ~ Sworn to and subscribed before me this T., ~.o ~V~OP~.T "~ .ill ~ , ,~, . ~ ay of A.D , 19 . ~,.~..v.. c~a., ~ ~ ~ CITY ~ DELRAY $~CH AI~ ~G~ C~C~ (Seal, Notary ~ State of Florida at large) ~