03-12-96 Special/Workshop CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION
SPECIAL/WORKSHOP MEETING - MARCH 12. 1996 - 6:00 P.M.
FIRST FLOOR CONFERENCE ROOM*
The City will 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
Randolph at 243-7127 (voice) or 243-7199 (TDD), 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.
SPECIAL MEETING AGENDA
Pursuant to Section 3.07 of the Charter of the City of Delray Beach,
Mayor Thomas E. Lynch has instructed me to announce a Special
Meeting of the City Commission, to be held for the following
purpose:
(1) ~ontr~% Addition (C.O, ~2~/A~v~D¢~ Roofing. Inc,; Consider a
contract addition (C.C. #2) in the amount of 89,325.00 to
Advanced Roofing, Inc. for reroofing the tire storage building
as part of the Public Works Complex Reroofing project, with
funding from #334-6112-519-6~~~~~
Alison MacGregor Harry
City Clerk
WORKSHOP AGENDA
(1) Joint work session with the Parking Management Team.
*If necessary due to the number of people in attendance, the meeting
will adjourn to the Commission Chambers for the rest of the agenda.
(2) Discussion concerning the proposed newsrack ordinance.
(3) Consideration of agreement to settle the lawsuit by Barbara and
Stanley Levy against the City for property located on the east
side of South Federal Highway, south of Linton Boulevard
(former Auto Ranch site).
(4) Commission comments.
********************************************************************
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered at
this meeting, such person will need to ensure that a verbatim record
includes the testimony and evidence upon which the appeal is based.
The City neither provides nor prepares such record.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~ ~I
SUBJECT: AGENDA ITEM # - SPECIAL MEETING OF MARCH 12. 1996
CONTRACT ADDITION (C.O. ~2)/ADVANCED ROOFING. INC.
DATE: MARCH 11, 1996
This is before the Commission to consider a contract addition (C.O.
#2) in the amount of $9,325.00 to Advanced Roofing, Inc. for
reroofing the tire storage building at the Public Works complex.
As indicated in the memorandum from Mr. Aguila, the roof has
numerous leaks and needs to be repaired. The contractor is on-site
for the Public Works complex reroofing project and has submitted a
proposal to include this additional work.
Recommend approval of the contract addition with Advanced Roofing,
Inc., with funding from General Construction - Buildings (Account
#334-6112-519-62.10).
ref:agmemo4
Agenda Item No.
AGENDA REQUEST
Date:March 8, 1996
Request to be placed on:
Regular Agenda
Special Agenda
X Workshop Agenda When:March 12, 1996
Description of item (who, what, where, how much): Staff request
City Cormmission approve Change Order #2 to Advanced Roofing, inc.,
in the amount of $9,325.00 for reroofing the Tire Storage Building
next to the City Garage. This represents a Contract addition.
Funding for this work is available from Account No. 334-6112-519-
62.10.
ORDINANCE/RESOLUTION REQUIRED: Not required.
Recommendation: Staff recommends approval of Change Order #2 to
Advanced Roofing, Inc., in the amount of ~00 for reroofing
work on the Tire Storage Buil//~F~ ,~'-/.-~ /
Department head signature:
Determination of Consistency with Comprehensive Plan:
City Attorney Review/Recommendation (if applicable):
Budget Director Review (required on all items involving expenditure
of funds):
Funding available NO
Funding alternatives (~f applic~blD~
Account No. & Desc~ipt~on~'~(/2--~.
A~count Balance ~l~$
city Manager Review: Approved for agenda:
Hold Until: .
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action:
Approved/Disapproved
\esd\9601\agreq312
ENVIRONMENTAL SERVICES DEPARTMENT
MEMORANDUM
To: David T. Harden
City Manager
From: Jos6 Aguila _~
Construction -Manager
Date: March 8, 1996
Subject: AGENDA REQUEST
Public Works Complex Reroofing
Project No. 96-01
On March 5, 1996, I was participating in the pre-construction meeting for the Public
Works Complex Reroofing project and was informed that the roof of the Tire Storage
building (just south of ESD Administration), had numerous leaks and was damaging some
equipment in the building. Based on this, staff was requested to seek a proposal from the
roofing contractor on reroofing this building as well.
Attached is a proposal for $9,325.00 to cover the cost of this additional work. The cost is
in line with the other work currently being performed on the buildings. As the work has
begun on the original contract, I would like your direction on how to proceed since they
are in that area of the project.
Funding for this work will come from Account No. 334-6112-519-62.10.
cc: Bob Barcinski ~
William Greenwood
File 96-01 (A)
esdk9601'~
CITY OF D~.RAY RRAC}{
C~{ANGE O~DER TO ORIGINAL OO~{ACT
CHANGE ORDER NO. Two (2) PROJECT NO. 96-01 DATE: March 8, 1996
PROJECT TITLE: Public Works Complex Reroofing Pro3ect
TO CONTRACTOR: Advanced Roofing, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO
ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION: Provide necessary equipment and ~ersonnel required for reroofing
of the Tire Storage Building as s~ecified on proposal dated March 7, 1996.
SUMMARY OF CONTRACT AMOUNT
ORIGINAL CONTRACT AMOUNT $126,260.00
COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 9,375.00
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $135,635.00
COST OF CONSTRUCTION CHANGES THIS ORDER $ 9,325.00
ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $144,960.00
PER CENT INCREASE THIS CHANGE ORDER 7.38 %
TOTAL PER CENT INCREASE TO DATE 14.81 %
EXTENSION OF CONTRACT TIME ALLOWED BY THIS CHANGE 0 CALENDAR DAYS
CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is,
in my considered opinion, accurate; that the prices quoted are fair and
reasonable and in proper ratio to the cost of the original work contracted for
under benefit of competitive bidding.
CONTRACTOR
(sign & seal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Environmental Services 334-6112-519-62.10.
DEPARTMENT FUNDS BUDGETED CODE CERTIFIED BY
DELRAY BEACH, FLORIDA
By its City Manager
RECOMMEND: By:
ESD DIRECTOR David T. Harden
ATTEST:
APPROVED: By:
CITY ATTORNEY CITY CLERK
\9601\co2form
MAR-08-199~ 10:24 ADURNCED ROO~ING INC. JOS 56~ 2967 P.02
Advanced Roofing, Inc.
"Committed to Quality"
434.q N.E. l~h Terrace, Fort Lauderdale, Florida ~
March 7, 1996
Jose Aguila
City of Delvay Beach
434 S. Swinton;Avenue
Dell:ay Beach, FL 33444
Re: Public Works Complex Re-Roofing projoct #96-0l
Dear Mr. Aguila,
Per your requmt, I have prepared the following bid for re-roofing the Tire Shop Building.
l. Remove all gravel, dirt and debris from the existing roof surface.
2. Prime existing roof surface with Asphalt primer.
3. Install one :(1) layer of 3/4' Perlit~ insulation into a flood coat of type II1 Asphalt.
4. Install remainder of roof system same ns current roofing system being installed per Koppers
requirements.
i FOR THE SUM OF; .................................. $ 9,325,00
NOTE: $inc~ iexisting roof will not be removed Asbestos ti, sting is not required.
If you have any questiom please give me a call at 954-522-6868.
Sincerely,
GUY T. CAMPBELL
PROJECT MANAGER
GTC/nv ~
Ph°n. e (954) 522-6868 · Florida Wats (§001 638-6869 · Fax (954) 566-2967
CITY COMMMISSION WORKSHOP WITH THE
PARKING MANAGEMENT TEAM
MARCH 12, 1996
AGENDA
I. Background of PMT (Chairman Egan)
1. Parking I~mand Issue - East of Intracoastal
a. Parking Deficit
b. Meters
c. Garage Locations
2. Sources of Revenue
a. In-Lieu Parking Fees
b. Meters
3. Review Board for Parking Issues
a. 5-Minute Parking
b. Valet Parking
c. Parking Lot Proposals by CRA
d. Outdoor Entertainment Parking Demand
H. Future Role
1. Transportation Management Association (TMA)
a. Inner City Transit System
b. Local Traffic Impact Fees
2. Garage Funding
HI. City Commission Comments and Suggestiom
RESOLUTION NO. 1~1-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CREATING A PARKING MANAGEMENT
TEAM FOR THE PURPOSE OF IMPLEMENTING THE MASTER PARKING
PLAN; PROVIDING FOR A MEMBERSHIP COMPOSITION AND
APPOINTMENT PROCESS; PROVIDING FOR THE APPLICABILITY OF
SECTION 2.2.! OF THE LAND DEVELOPMENT REGULATIONS;
PROVIDING FOR THE INITIAL SCOPE OF RESPONSIBILITY OF
SAID PARKING MANAGEMENT TEAM; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach,
Florida, in addressing the subject of downtown parking, appointed a
special Parking Study Committee in June of 1991; and,
WHEREAS, the Parking Study Committee prepared a report entitled
Master Parking Plan and presented said plan to the City Commission after
review and comment by the Community Redevelopment Agency and the
Planning and Zoning Board; and,
WHEREAS, the Planning and Zoning Board determined the Master
Parkin~ Plan not to be inconsistent with the City's adopted
Comprehensive Plan; and,
WHEREAS, the Master Parking Plan calls for the creation of a
formal Parking Management Team and identifies activities with which the
Team should be involved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a Parking Management Team is hereby created
for the purposes of carrying out and implementing the Master Parking
Plan, and shall otherwise be charged with advising the City Commission
concerning the planning, development, construction and operation of
parking in accordance with the provisions of this Resolution.
Section 2. That the Parking Management Team is hereby created
and shall have membership comprised of a representative of each of the
following:
(a) The Community Redevelopment Agency Board
(b) The Downtown Development Authority Board
(c) The Planning and Zoning Board
(d) The City Commission
(e) The Chamber of Commerce
(f) A business operator or land owner representing the
original Downtown Development Authority area
(g) A business operator or land owner representing the
expanded Central Business District area
(h) A business operator or land owner representing the
commercial Beach area
(i) A business operator or land owner representing the West
Atlantic Avenue area, east of 1-95
Section 3. Representatives shall be nominated, through the
Community Redevelopment Agency, to the Delray Beach City Commission
which shall make the actual appointments.
Section 4, That the Parking Management Team shall be subpect
to the General Provisions (Section 2.2.1) of Article 2.2 of the Land
Development Regulations of the City of Delray Beach, Florida, except as
modified by this Resolution.
Section ~, That the Parking Management Team shall have
clerical and logistic support from the Community Redevelopment Agency,
on an interim basis, until such time as a permanent program for the
administrative aspects of operations for the Team are established by
action of the City Commission.
Section 6. That the Parking Management Team shall undertake,
as a first responsibility, the creation of its organization
relationships including, but not limited to:
(a) method of interacting with the municipal departments
which are involved in day-to-day traffic operations;
(b) method of making recommendations and obtaining
implementation of Traffic Engineering, Parking
Management, and Land Development Regulation
Modifications; and,
(c) manner in which the objectives of the Parking Trust Fund
concept are to be obtained.
Section 7. That until such time as the provisions of Sectlon
6, above, are formally accepted by the City Commission, the Parking
Management Team shall consider matters dealing with the planning,
development, construction and operation of parking in the Master Parking
Plan Study Area and shall make recommendations regarding their
disposition to the City Manager on a case-by-case basis. When City
Commission action is required, the City Manager shall present such
recommendations to the City Commission at their next regular meeting.
Section 8. That the Parking Management Team shall immediately
convene and shall immediately pursue its assigned tasks.
PASSED AND ADOPTED in regular session on this the 27th day of
October, 1992.
ATTEST:
~ City C~erk !
- 2 - RES. NO. 121-92
MASTER
PARKING PLAN
Cityof DELRAY BEACH
PARKING
June 1992
Prepared by
The City of Delray Beach
Parking Study Committee
EXECUTIVE SUMMARY ................................................................ i
INTRODUCTION ........................................................................... 1
THE STUDY AREA ....................................................................... 2
PART ONE: EXISTING SITUATIONS ........................................... 3
I. PARKING ......................................................................................................... 3
I.A. ~Area .................................................................................. 3
I.B. Beach Area ......................................................................................... 7
I.C. West A~antic Area .............................................................................. 9
I.D. Exparded CBD Area. ...................................................................... 10
II. POLICY .......................................................................................................... 11
II. A. Operating Agency ............................................................................ 11
II. B. Parking Finandr~ ........................................................................... 12
III. REGULATIONS ............................................................................................ 12
III. A. Land Development Regulations ................................................... 12
III. B. Handicap Parking ............................................................................ 14
IV. PLANS AND DEVELOPMENT .................................................................. 15
IV.A. Plans .................................................................................................. 15
IV. B. OSSHAD ........................................................................................... 16
IV. C. Previous Plans for a Parking Structure ........................................ 17
PART TWO: OPTIONS ANALYSIS ............................................. 18
I. POLICY .......................................................................................................... 18
I.A. Operating Agency (OA) ................................................................... 18
I.B. Parking Financing (PF) ................................................................... 20
II. PARKING ....................................................................................................... 23
II. A.Traffic Engineering (TE) .................................................................. 24
ll.B. Parking Management (PM) ............................................................ 26
II.C. Parking Supply (PS) ....................................................................... 28
III. REGULATIONS ............................................................................................ 30
III. A. LDR Modirx:a~orts (LD) ................................................................... 30
III. B. H~ Parking (HP) ................................................................... 31
IV. FUTURE DEVELOPMENT AND DECISIONS (FD) ............................... 32
PART THREE: MASTER PARKING PROGRAM ........................... 33
I. PARKING MANAGEMENT TEAM ............................................................. 33
II. PARKING TRUST FUND ............................................................................ 34
III. PARKING IMPROVEMENTS ...................................................................... 34
IV. REGULATION MODIFICATIONS .............................................................. 35
V. FUTURE DEVELOPMENT AND DECISIONS ........................................ 36
EXECUTIVE SUMMARY
In July, 1991, the City Commission appointed a Parking Study
Committee (PSC), illustrated in Exhibit 1, to address parking issues in
Delray Beach and provide the framework for a Master Parking Program to
meet existing and future parking needs.
After a description of the Study Area, this report is divided into three
parts: Existing Situations, Options Analysis and a Master Parking Program,
which contains the PSC recommendations for the formation of a Parking
Management Team for parking leadership and a Parking Trust Fund for
parking financing.
THE STUDY AREA
The Study Area, illustrated in Exhibit 2, includes the Central Business
District (CBD) as well as the entire Atlantic Avenue corridor between 1-95 and
the Atlantic Ocean. The Study Area is quite diverse, but four areas, each with its
own parking characteristics, can be identified:
(1) The Downtown Area - from Swinton Avenue to the Intracoastal
Waterway bounded by S.E. 1st Street and N.E. 1st Street.
(2) The Beach Area - from the Intracoastal Waterway to the Atlantic
Ocean approximately bounded by Miramar Drive and Lowry Street.
(3) The West Atlantic Area - from 1-95 to Swinton Avenue bounded by
S.E. 1st Street and N.E. 1st Street;
(4) The Expanded CBD Area - the remaining CBD, from N.E. 1st Street
northward to N.E. 4th Street and from S.E. 1st Street southward to the
CBD boundary around S.E. 2nd Street.
Executive Summary - Page i
EXISTING SITUATIONS
The PSC has identified a parking problem in the Downtown and Beach
Areas. A parking problem is the public's perception that there is not enough
convenient parking in an area. It may be the result of an inadequate parking
supply, poor management of existing facilities, or misplaced anger about ffaffic
congestion ('Everyone on Atlantic Avenue is looking for parking.')
In 1989, Wilbur Smith Associates (WSA) closely examined parking in the
Downtown and Beach Areas for their Delra¥ Beach Master Parking Plan. In the
Downtown Area, WSA concluded that the existing parking supply exceeded the
parking demand. The parking surplus was estimated at 176 spaces, but it might
be closer to 121 spaces due to inconsistencies in their methodology. In the
Beach Area, WSA concluded that the existing parking supply did not meet the
parking demand. The parking deficit was estimated at 57 spaces, but might be
closer to 152 spaces due to inconsistencies in their methodology.
Based on the WSA results, there is not a parking supply problem in the
Downtown Area; but there is a parking supply problem in the Beach Area. In
the Downtown Area, the use of the existing public lots and access to the lots
can be made better with parking management and traffic engineering
improvements. In the Beach Area, similar improvements can be implemented,
but actions which create new parking supply or better public use of existing
private space are also warranted.
The WSA study was prepared before the Schoolhouse renovation in the
OSSHAD. An estimate of the parking demand generated by the Cultural Arts
Center is 165 spaces, without the proposed loggia. This demand does not meet
the existing parking supply. An estimate of the parking demand that will be
generated during special events by the proposed loggia is 480 spaces.
Executive Summary - Page ii
Parking in the West Atlantic and Expanded CBD Areas generally meets
the existing parking demand, except that new development projects can create
some parking problems. The City of Delray Beach wants to encourage
redevelopment in special neighborhoods, and has helped provide parking for
projects like Peach Umbrella Plaza and Banker's
The existing situation of parking operation in the City is that no single
agency provides parking leadership. Individual City Departments handle
parking issues as they arise. Without overall leadership, parking efforts can be
incomplete, short-range or duplicated by different departments.
The existing situation of parking financing in the City is that parking
revenues are deposited in the City's general fund and can be used without
restrictions. Without the ability to track parking revenue and expenses, parking
funds can be misdirected or inefficiently used. An accurate revenue history for
parking will also aid in the future sale of bonds for new parking areas.
The existing Land Development Regulation (LDR) parking requirements
are special in the CBD. Elsewhere, parking requirements are based on land
use and must be met for conversions or changes in use. (For example, 4.5
parking spaces are required for every 1,000 s.f. of commercial land use; 12
parking spaces for restaurants up to 6,000 s.f.; and 1.5 spaces for 1-bedroom
apartments.) The special CBD parking requirements are less stringent. They
are not based on land use, but are uniformly applied at 3.3 spaces per 1,000 s.f.
and are uniform for conversions or changes of use. A developer also has the
option to pay an up-front, lump-sum 'in-lieu' fee of $2,500 for each required on-
site parking space that is not provided.
The existing public handicap parking in the Beach Area does not yet
meet State requirements or the American Disabilities Act. Sufficient access to
curb ramps without travelling behind parked vehicles is not provided. A
determination by the State on whether the number of handicap spaces can be
calculated for an entire block (instead of individual parking lots) has not been
made.
Executive Summary- Page iii
OPTIONS ANALYSIS
The PSC identified five options for the lead operating agency of parking
in Delray Beach: The City, The DDA, The CRA, a Parking Authority, and a
Parking Management Team.
In October 1991, Rich and Associates reviewed parking operations and
concluded in their Memorandum that the best existing agency to operate
parking is the CRA. The CRA is somewhat removed from City politics, has a
steady revenue stream and already provides the lead role in parking on many
redevelopment projects. The CRA, however, is not in the parking business.
A Parking Authority is an independent, self-sustaining, public benefit
corporation used in many larger cities to plan, program, construct and operate
parking facilities. Currently, Miami has the only Parking Authority in Florida.
The Rich Memorandum noted that current revenue sources do not generate
enough income to allow independent operation of a Parking Authority and
concluded that the formation of a Parking Authority, at this stage of parking in
Delray Beach, would mean adding another layer and expense to the parking
program.
A Parking Management Team (PMT), on the other hand, would also
comprised of local businessman and City representatives, but would not be an
independent self-sustaining identity. It operates like a more formal version of
the existing PSC. A PMT could become a future Parking Authority when and if
one is needed.
The Rich Memorandum also examined parking financing and concluded
that the City should set up a separate parking fund for parking expenses and
establish a revenue generating history for the future sale of bonds for land
acquisition and the construction of new parking areas. A special Parking Trust
Fund, independent from the City's general fund was recommended.
Sources of revenue for a Parking Trust Fund should include in-lieu fees,
beach meter revenue, enforcement revenue and direct contributions by the
DDA, CRA and the City.
Executive Summary - Page iv
Many cities finance new parking facilities with bonds backed by the city's
'full faith and credit.' Tax-exempt bonds are preferred, but a project must meet
the 'principal user' requirement - which restricts the amount of parking that
can be dedicated to any one user - and a limitation on the amount of private
space that can be included in a project.
The entire complexion of parking would change if the City constructs a
parking structure. The City would probably need to charge user fees (to the
parkers or area merchants) for parking in the structure, install parking meters on
all the streets and assess the district to meet the debt service and operating
expenses of a parking structure.
The PSC identified numerous general and specific traffic engineering,
parking management and parking supply improvement program options in the
Study Area:
Traffic Engineering (TE)
TE. 1 Directional Signing Program
TE. 2. Swinton Avenue Intersection Reconstruction
TE. 3. Alley Improvement Program
TE. 4. Atlantic Avenue Left Turn Program
TE. 5. Pedestrian Access across Atlantic Avenue at Veteran's Park
Parking Management (PM)
PM. 1. Parking Signing Program
PM. 2. Pavement Marking (Striping) Program
PM. 3. Municipal Lot Improvement Program
PM. 4. Parking Meter Program at Public Spaces
Parking Supply (PS)
PS. 1. Parking Supply Management Program
PS. 2. Public Leasing of Private Lots Program
PS. 3. Parking Lot Acquisition Program
(Refer to Part Two, Section II. Parking for the specific components of
these programs.)
Executive Summary - Page v
The PSC identified many LDR modification options regarding the special
CBD parking requirements and the in-lieu fee. The special CBD parking
requirements seem to unfairly penalize residential use in the CBD and to be too
generous with respect to other uses in the Expanded CBD Area. The in-lieu fee
does not reflect the actual cost of parking; might restrict development with an
up-front, lump-sum payment; might be too excessive for small renovations; and
might be an appropriate option in the OSSHAD.
The PSC has identified the need for a program to resolve handicap
compliance issues.
MASTER PARKING PROGRAM
The Master Parking Program, based on PSC consensus and conclusions
from other reports, provides the framework to best serve existing and future
parking needs.
The PSC recommends that the City Commission create a Parking
Management Team (PMT) to provide leadership on parking decisions. The
PMT should be charged with the planning, development, construction and
operation of parking. The PMT could become an independent Parking Authority
in the future.
The CRA should be under contract as the lead agency in providing staff
support and agenda setting to the PMT. It is the best choice of existing
agencies because it is somewhat removed from city politics; it covers the entire
Study Area; and it already takes a lead role in redevelopment projects, which
generate most new parking demand. The CRA staff would also coordinate with
City staff on parking issues. See Exhibit 9.
The PSC recommends the City Commission create a Parking Trust Fund,
separate from the City's general fund, exclusively for parking purposes. The
City Commission should have authority over the Fund and release monies for
purposes requested by the PMT.
Executive Summary - Page vi
Existing in-lieu fees, accumulated interest and existing meter revenue
should be deposited in the Fund. An agreement should be made to return
some beach meter revenue for beach restoration. The City, CRA and DDA
should contribute to this Fund. The DDA contribution should be equated with
the parking meter revenue that is 'lost' by maintaining free parking in the
Downtown Area.
The PMT should review, prioritize and act on the traffic engineering,
parking management and parking supply improvement programs previously
identified.
The PSC recognizes that it might take several months for the City
Commission to implement a Parking Management Team and create a Parking
Trust Fund and that several Iow-cost improvements might be unnecessarily
delayed. These improvements include the following:
TE. 1 Directional Signing Program
Improve directional signing at all intersections and in advance of major
intersections on the bypass route. Provide complete and consistent
directional, truck restriction, 'Bypass Route' and 'Historic Downtown'
signing.
PM. 1. Parking Signing Program
Improve parking signing on Atlantic Avenue, the bypass route and all
side streets to municipal lots. Provide complete, consistent and
attractive signing.
PM. 2. Pavement Marking (Striping) Program
Provide pavement marking to curb spaces on Atlantic Avenue as
illustrated in Exhibit 8. There is no loss in parking with this striping
method.
The PSC reached consensus on the general issues regarding LDR
modifications and the in-lieu fee but defers any specific recommendations to the
PMT.
Executive Summary - Page vii
The PSC recommends that the first phase of the Handicap Parking
Program should begin before the PMT is formed. The City should seek State/
Federal interpretation about the calculation of handicap requirements and the
location of handicap spaces.
The P$C defers any specific recommendations about future
development and policy decisions to the PMT. Areas with parking needs have
been identified. These are the Beach Area, the Downtown Area near OSSHAD
and Special Redevelopment Projects that require 'vest-pocket' parking lots.
The PSC recommends that the PMT proceed very carefully with the
construction of any parking structure. A plan and mechanism for a city-owned
structure in conjunction with a major downtown project should be prepared, but
the full consequences of this action including paid user parking, meters and
special assessment districts must be thoroughly examined.
The PSC recommends that the construction of convenient municipal
parking lots should be a short-term goal of the PMT. New parking lots, if located
on small parcels, should connect to existing lots or solve special site-specific
needs (like Banker's Row.) Ideally, however, new lots should be acquired on
larger parcels with a long-term perspective that a future parking structure could
be constructed on these lots - but only when dictated by parking demand.
Executive Summary - Page viii
INTRODUCTION
Parking is an item of major concern in Delray Beach. The availability of
convenient parking, parking meters, and parking requirements are issues of
continuing controversy among community leaders.
In July, 1991, the City Commission appointed a Parking Study
Committee (PSC), headed by the Community Redevelopment Agency (CRA),
to address parking issues in Delray Beach and provide the framework for a
Master Parking Program to meet existing and future parking needs.
The PSC, whose members are listed in Exhibit 1, is comprised of
representatives from the City Commission, the CRA, the Downtown
Development Authority (DDA), the Chamber of Commerce, the Atlantic Avenue
Association (AAA), the Planning and Zoning Board and Staff Support.
The PSC mission is to make recommendations, based on existing data,
regarding Land Development Regulation modifications; needs for concentrated
parking areas; mechanisms for land acquisition, capital improvements and
financing; mechanisms for parking operation and maintenance; and other
items as appropriate.
After a description of the Study Area, this report is divided into three
parts: Part One is a review of existing situations - parking, operation,
financing, regulations and existing plans; Part Two is an analysis of parking
options; Part Three is a Master Parking Program which includes the PSC
recommendations for the formation of a Parking Management Team and a
Parking Trust Fund.
Page 1
THE STUDY AREA
The Study Area, illustrated in Exhibit 2, includes the Central Business
District (CBD) as well as the entire Atlantic Avenue corridor between 1-95 and
the Atlantic Ocean. The Study Area is quite diverse, but four areas, each with its
own parking characteristics, can be identified:
(1) The Downtown Area - from Swinton Avenue to the Intracoastal
Waterway bounded by S.E. 1st Street and N.E. 1st Street.
(2) The Beach Area - from the Intracoastal Waterway to the Atlantic
Ocean approximately bounded by Miramar Drive and Lowry Street.
(3) The West Atlantic Area - from 1-95 to Swinton Avenue bounded by
S.E. 1st Street and N.E. 1st Street;
(4) The Expanded CBD Area - the remaining CBD area, from N.E. 1st
Street northward to N.E. 4th Street and from S.E. 1st Street southward to
the CBD boundary around S.E. 2nd Street.
Portions of a few distinct planning and development areas are located
within the Study Area. These include the following:
· The Old School Square Historical Arts District (OSSHAD). A
separate zoning district, illustrated in Exhibit 3, that includes the former
Delray High School which has been renovated into a Cultural Arts
Center. Portions of the OSSHAD are contained in the Downtown, West
Atlantic and Expanded CBD Areas.
· The Pineapple Grove Neighborhood. A diverse and dynamic mix of
commercial and residential use in a 24-block area north of Atlantic
Avenue. Portions of the Pineapple Grove are contained in the Downtown
and Expanded CBD Areas.
Page 2
PART ONE: EXISTING SITUATIONS
I. PARKING
Parking is the first and last event that most drivers and their passengers
experience when they travel. Ideally, it is a non-event, a pleasant experience
which encourages return visits.
The PSC has identified a parking problem in the Downtown and Beach
Areas. Parking and traffic conditions in these areas are often a nuisance, an
unpleasant experience to be avoided whenever possible.
A parking problem is the public's perception that there is not enough
convenient parking in an area. It may be the result of an inadequate parking
supply, poor management of existing facilities, or sometimes misplaced anger
about traffic congestion ('Everyone on Atlantic Avenue is looking for parking.')
I. A. DOWNTOWN AREA
The Downtown Area parking was examined in 1989 by Wilbur Smith
Associates (WSA) for their Delray Beach Master Perking Plan. The Downtown
Area contains 2,452 public and private parking spaces, as summarized below
and illustrated in Exhibit 4.
Downtown Area Parking Supply
Parkim3 Type Spaces
Public Parking
Curb 311 12%
Off-street 559 22%
Private Parkinq 1,672 66%,
TOTAL 2,542 100%
Source: Wilbur Smith Associates
Page3
Public parking, which constitutes 33% of the Downtown Area parking
supply, is comprised of curb spaces and off-street spaces in municipal lots.
There is no charge for public parking. Curb spaces are almost entirely limited to
2-hour parking, and off-street spaces are generally limited to 4-hour parking.
The curb parking spaces on Atlantic Avenue are not striped and directional
signing to municipal lots is inadequate or inconsistent.
Private parking constitutes 66% of the Downtown Area parking supply.
Private parking is comprised of off-street parking, which is restricted to
employees or patrons using tenant establishments. These lots are
underutilized, even during peak business hours.
WSA found a high turnover rate of almost 4 vehicles per space per day
for curb spaces and determined that time restrictions for 2-hour and 4-hour
parking zones were reasonable and being properly utilized. (A postcard survey
was performed to determine trip purpose, destination and place of residence of
parkers.)
The average walking distance for all trip purposes was less than 1.0
block. Workers walked an average of 0.59 blocks, and shoppers walked 0.87
blocks. Typically, in other cities, workers walk farther than shoppers, but in the
Downtown Area, many employers provide private parking for their employees
but do not have private parking for their customers.
Parkers using curb spaces walked the greatest distance to their
destination. In other cities, these parkers typically walk the least distance to
their destination, but in the Downtown Area, it seems that parkers bypass
municipal lots in order to find the curb spaces on Atlantic Avenue.
Page 4
The survey indicated that 56% of the parkers were in the Downtown Area
for work and 19% for shopping or dining. (The remainder were in the area for
personal business or other purposes.) The survey also indicated that 64% of
the parkers were from Delray Beach, 14% from Boynton Beach and 6% from
Boca Raton.
WSA identified an existing Downtown Area parking supply of 2,542
spaces and calculated the effective 'theoretical' parking capacity at 1,648
spaces, 65% of the parking supply. (The effective capacity accounts for the time
lost by vehicles getting into or out from parking spaces and provides some
reserve for day-of-week and seasonal variations in parking demand. Curb
spaces were calculated at 90% of the existing parking supply and off-street
public spaces were calculated at 85% of the existing supply. Private spaces
were calculated at the peak hour accumulation (occupancy), or at 85% of the
existing supply, whichever was lesser, to account for the fact that only patrons
using tenant establishments are allowed to park in private lots.)
The Iow effective capacity reflects the poor utilization of private parking
spaces.
WSA determined that the maximum parking accumulation (occupancy) in
the Downtown Area was 1,312 vehicles parked at 1 p.m. (The accumulation
was determined from hourly counts of vehicles parked on a typical weekday
from 10 a.m. to 6 p.m.)
Parking between 10 a.m. and 3 p.m. was within 4% of the peak hour
accumulation, which indicated a high parking demand in the Study Area
throughout much of the day. This accumulation was typical for a combination of
retail and office development.
The peak parking accumulation was less than the effective capacity, a
satisfactory result. On a block-by-block basis, however, 5 blocks had parking
accumulations that exceeded 70% of the existing parking supply.
Page 5
WSA created a parking demand (needs) model of the Downtown Area on
a block-by-block basis and determined that 8 of 17 blocks had a parking deficit.
(The parking demand model was based on the amount of retail, office, hotel and
residential land use in each block. An aerial photo and reconnaissance of the
study area was used to determine land use. Initial parking demand rates were
assigned to each land use and a calculation was made of the parking demand
based on these rates. The results were compared to the observed
accumulations. Successive iterations of the model were made on the land use
rates until the calculated parking demand matched the observed accumulation.)
After balancing the parking surplus and deficit of individual blocks, WSA
concluded that there was a surplus of 176 parking spaces in the entire
Downtown Area. (The parking deficit of individual blocks was balanced with the
parking surplus of any adjacent block.)
WSA inappropriately balanced both public and private surplus parking
with the deficit of any adjacent block, even though parkers aren't allowed to
park in private spaces and use other businesses. With respect to this
inconsistency, the surplus parking in the Downtown Area may not be 176
spaces, but might be closer to 121 spaces.
In summary, the parking problem in the Downtown Area is not a parking
supply problem, because the existing parking supply is adequate. Parking
management improvements which enhance the visibility and use of the existing
parking supply as well as traffic engineering improvements which increase the
accessibility to the municipal lots are warranted. Improvement options are
discussed in Part Two, Section I.
Page6
I.B. BEACH AREA
The Beach Area parking was also examined in the 1989 WSA report.
The Beach Area contains 1,846 public and private parking spaces, as
summarized below and illustrated in Exhibit 5.
Beach Area Parking Supply
Parking Tyl~e Spaces (%)
Public Parking
Curb 94 5%
Off-street 42 2 %
Private Parking 1,710 93%
TOTAL 1,846 100%
Source: Wilbur Smith Associates
Note: Beach meters on Route A1A are not included
Public parking, which constitutes only 7% of the Beach Area parking
supply, is comprised of curb spaces and off-street spaces in municipal lots.
There is no charge for public parking on Atlantic Avenue or the side
streets, but parking on Route A1A and in some municipal lots off Route A1A is
metered at $0.75 per hour. Many people, who are going to the beach, park in
the free spaces or park illegally in private spaces.
Curb spaces are limited to 2-hour parking, and metered beach spaces
are limited to 3-hour parking. The curb spaces are not striped and directional
signing to municipal lots is inadequate or inconsistent.
Private parking constitutes 93% of the Beach Area parking supply.
Private parking is comprised of off-street parking, which is located on many
smaller lots which are not connected by alleys so that patrons must use Atlantic
Avenue to move their vehicles from one establishment to another. These lots
are often underutilized, even during peak business hours. Some private lots,
like the Holiday Inn, offer paid parking at about $3.00 per day.
WSA found similar parking turnover rates and walking distances in the
Downtown and Beach Areas.
Page 7
The survey indicated that 36% of the parkers were in the Beach Area for
work and 31% for shopping or dining. As in the Downtown Area, 74% of the
parkers were from Delray Beach, 12% from Boynton Beach and 1% from Boca
Raton.
WSA identified an existing Beach Area parking supply of 1,846 spaces
and calculated the effective parking capacity at 1,205 spaces, 65% of the
parking supply.
The maximum parking accumulation in the Beach area was 1,184
vehicles at 1 p.m., which is typical for retail and office development.
The maximum parking accumulation was only slightly less than the
effective capacity. On a block-by-block basis, the blocks adjacent to the beach
had accumulations of 90% (including the Holiday Inn parking structure.)
WSA created a parking demand (needs) model of the Beach Area on a
block-by-block basis and determined that 4 of 8 blocks had parking deficits.
After balancing the parking surplus and deficit of individual blocks, WSA
concluded that there was a deficit of 57 spaces in the entire Beach Area.
WSA inappropriately balanced both public and private surplus parking
with the deficit of any adjacent block. Theoretically, none of the parking surplus
in the Holiday Inn block should have been used to balance the parking deficit in
adjacent blocks. However, the entire surplus of 46 spaces was redistributed to
the ocean and adjacent commercial blocks. With respect to this error, the
parking deficit in the Beach Area may not be 57 spaces, but might be closer to
152 spaces.
Page8
In summary, the parking problem in the Beach Area is compounded by a
parking supply problem, because the existing parking supply is inadequate.
Parking supply improvements which create new parking spaces or make better
use of existing private parking spaces are warranted. Parking management
improvements which enhance the visibility and use of the existing parking
supply as well as traffic engineering improvements which increase the
accessibility to the these spaces are also important. Improvement options are
discussed in Part Two, Section I.
I. C. WEST ATLANTIC AREA
The West Atlantic Area, illustrated in Exhibit 6 and 6A, does not currently
have an overall parking problem. It is generally assumed that the existing
parking supply meets the existing demand. When an individual establishment
has a parking problem, people simply park on nearby substandard or vacant
lots.
Parking needs are best evaluated with respect to individual development
projects, like the Peach Umbrella Plaza, which the City and the CRA want to
encourage in the West Atlantic Area.
The Peach Umbrella Plaza is located on a smaller parcel of land with
insufficient area to satisfy new parking requirements. In an advocacy role, the
CRA will develop public parking on dedicated private property behind the
project to help meet the parking requirements.
The West Atlantic Area also contains a number of large development
projects. The South County Courthouse Phase I was open in August 1990.
Phase II is planned. The Police Station Headquarters, proposed Fire Station ~1
Headquarters and City's Tennis Center, which is the subject of a feasibility
study, are all large projects which will generate additional parking demand.
Page 9
The Mount Olive Missionary Baptist Church is also in the midst of major
redevelopment. The Church, which already owns a significant portion of the
N.W. 400 block of Atlantic Avenue, intends to complete an expansion of its
existing building (with increased parking) and create a church supported
community center and elderly housing project. There is the potential to share
parking from the church lot, which is most needed during Sunday Services, for
these other uses.
Even though the West Atlantic Area does not currently have an overall
parking problem, each new project increases the use of the existing street
parking supply. Over time, these substandard parking lots may be developed
with other uses. Some landscape pods may decrease the supply of curb
parking, and there is the possibility that curb parking along Atlantic Avenue may
be restricted during peak hours under the Geographic Area of Exception
discussed in Section IV.
The redevelopment activity clearly indicates that a comprehensive
parking program is warranted in the West Atlantic Area. Many parking
improvement programs initiated in the Downtown or Beach Areas would apply
in the West Atlantic Area.
I.O. EXPANDED CBD AREA
The Expanded CBD Area, illustrated in Exhibit 2, has no overall parking
problem. It is assumed that the existing parking supply meets the existing
demand. There is a potential parking problem as more redevelopment occurs.
Parking in substandard lots, swale areas or vacant sites may not be possible
with increased development.
Redevelopment is encouraged in the Expanded CBD Area. Banker's
Row, the 200 block of N.E. 1st Avenue, is an example where the CRA has
helped meet a project's parking requirements. (Banker's Row is part of the
Pineapple Grove neighborhood and is actually located in the OSSHAD.) In this
case, the CRA has purchased and will develop a 'vest-pocket' parking lot for
the neighborhood.
Page 10
The Expanded CBD Area contains the U.S. Highway I (5th and 6th
Avenues) corridor north and south of Atlantic Avenue. Except for the blocks
closest to Atlantic Avenue, this area exhibits parking supply and demand which
is auto-oriented, with commercial destinations that contain off-street parking.
The parking characteristics are more suburban on U.S. Highway 1.
West of the railroad and north of Atlan~c Avenue - in the Pineapple
Grove neighborhood that contains Banker's Row - there is a diverse mix of
commercial and residential use. Here, parking characteristics are somewhat
different than on the U.S. Highway 1 corridor. Less off-street parking is
provided, so the availability of convenient curb parking is an important issue.
Landscape pods, especially at mid-block locations, can decrease the supply of
curb parking, but do provide mid-block pedestrian walkways. Many parking
improvement programs initiated in the Downtown or Beach Areas would also
apply in the Expanded CBD Area.
II. POLICY
II. A. OPERATING AGENCY
No single agency currently provides parking leadership in Delray Beach.
Individual departments handle parking issues when they arise: the Planning &
Zoning Department for planning and traffic engineering; the Environmental
Services Department for street signs, parking meters and maintenance; the
Finance Department for accounting; the Police Department for enforcement;
and so on. The City Commission generally refers parking problems to the City
Departments or forms ad hoc committees to study specific issues.
The DDA has addressed parking in its district and financed the WSA
parking study. The CRA has underwritten a study by Rich and Associates of
parking operations and financing. The CRA has also taken a lead role in
helping to solve parking problems in conjunction with redevelopment projects
and has participated in the design of several parking lots and alley
improvements. The Planning & Zoning Department has designed and provided
technical review of parking lots for the City redevelopment projects.
Page 11
II. B. PARKING FINANCING
Parking revenues are currently deposited in the City's general fund and
used without restrictions.
Existing parking revenues include the following:
· Meter revenue
· In-lieu fee revenue
· Enforcement revenue
Meter revenue, from the beach meters was approximately $240,000 last
year. Some of that revenue was intended for beach restoration. In-lieu fee
revenue, which is discussed in the next section, comes from a one-time, lump-
sum fee that is paid when new parking requirements cannot be met in the CBD.
Approximately $35,000 of in-lieu fee proceeds and accumulated interest
remain. Enforcement revenue comes from parking tickets which are issued by
police officers or Community Service Specialists.
Parking expenses include the costs of operating, maintaining and
financing the public parking facilities. Examples are City staff time on parking
issues, a full-time employee for the beach parking meters, maintenance
equipment and labor, enforcement labor (the Community Service Specialists),
independent parking studies and debt service on bonds to pay for new parking
lots or other capital improvements.
III. REGULATIONS
III. A. LAND DEVELOPMENT REGULATIONS
Land Development Regulations (LDR) prescribe the development codes
for the City of Delray Beach. Examples are building, zoning, subdivision and
landscape codes.
Page 12
LDR parking requirements are special in the CBD. Elsewhere in the City,
they are based on land use and are required for conversions or changes of use.
For example, 4.5 parking spaces are required for every 1,000 s.f. of commercial
land use; 12 parking spaces for restaurants up to 6,000 s.f.; and 1.5 spaces for
1-bedroom apartments.
The special CBD parking requirements are less stringent to encourage
downtown development and revitalization. Parking requirements are applied
uniformly at 3.3 spaces per 1,000 s.f. regardless of land use. Parking
requirements are uniform for conversions or changes of use; and a developer
has the option to pay an in-lieu fee of $2,500, up-front, for each required on-site
parking space that is not provided.
The CBD boundary was originally designated as the DDA District
(essentially the Downtown Area), but was expanded in October 1990 to include
the Downtown, Beach and Expanded CBD Areas except for the OSSHAD.
Hence, the special CBD parking requirements apply to the entire CBD, even
though the parking needs and characteristics of these areas is different.
An in-lieu fee is a land-use strategy for a planned business district.
In-lieu of dedicating large areas for parking on many small parcels, a
community can provide more parking in larger central parking lots with efficient
parking on both sides of a driving aisle and enliven its downtown streets by not
using street-front property for parking.
The in-lieu fee proceeds are mandated for parking purposes. The 1984
library renovation was assessed $60,000 of in-lieu fees, from which $35,000
remains. ($25,000 was used for the WSA study.)
Initially, in-lieu funds were allocated to the DDA, which used the interest
for its operating expenses. Since 1985 however, the funds have been placed in
a special account in the City's general fund without any provision for interest
earnings.
Page 13
The in-lieu fee has been set at $2,500 per space since 1980. The fee
does not reflect the actual cost of parking. Estimates of the cost of new surface
parking spaces range from $4,100 to $4,700; and for a parking structure, from
$7,400 to $8,300.
III. B. HANDICAP PARKING
The 1988 Uniform Federal Accessibility Standards and Florida
requirements for handicap parking have been applied to new construction
projects, but older facilities have not been completely updated.
In the Beach Area, there are seven handicap spaces on Route A1A at the
beach. While these spaces are closest to the municipal changing facility, they
are also located across the street from businesses that would be better served
by public parking spaces in this area.
Many handicap parking spaces are not in compliance with the new
American Disabilities Act (ADA). The handicap parking spaces on Route A1A at
the beach, for example, do not allow access to curb ramps without travelling
behind parked cars. Nine handicap parking spaces would be required if all the
beach spaces on Route A1A and in the municipal beach lots are calculated as a
single source, or thirteen spaces would be required if each lot is considered
separately. New curb ramps, that permit access without travelling behind
parked vehicles can be constructed by the City at approximately $1,000 each;
and changes in parking meters, signs and striping will also be necessary. A
FDOT permit is required for all changes on Route A1A.
In the Downtown Area, handicap curb parking spaces will be required
and curb cuts needed if metered parking is ever provided. Unless special
approval of the calculation of handicap parking for an entire block is granted,
each private lot is required to provide at least one handicap parking space.
Page 14
IV. PLANS AND DEVELOPMENT
IV. A. PLANS
Several traffic, land use and redevelopment plans have been prepared
which affect parking and parking policy in the Study Area.
The 1991 Downtown Cqre Geographic Area of Exception (GAE) plan
identifies an area of redevelopment (essentially equivalent to the Downtown
and Expanded CBD Areas) that will be permitted a lower level of service from
countywide traffic performance standards.
If the traffic projections for West Atlantic Avenue contained in the GAE
document do in fact exceed the 4-lane traffic threshold, curb parking will
probably be prohibited during peak periods on portions of West Atlantic
Avenue. The Florida Department of Transportation has no plans to widen West
Atlantic Avenue from Swinton Avenue to 1-95 in its five year work program.
The November 1989 (and amended in October 1991) Comprehensive
Plan for the City of Delray Beach contains the Land Use Element (LUE) Policy
C-4.3 to accommodate the maximum development in the CBD while still
retaining the 'village-like' character of the CBD; LUE Policy C-4.4 to pursue the
construction and operation of tiered parking structures in the CBD; and LUE
Policy C-4.9 to identify as short-term capital improvements parking west of
Swinton Avenue for the OSSHAD and an alleyway enhancement program
which has already begun.
The 1992 Community Redevelopment Plan (CRP) describes a number of
redevelopment projects that will generate new parking needs. These include a
downtown anchor department store and parking structure within 2 blocks of
Atlantic Avenue and a downtown cinema and mixed redevelopment project in
the CBD. Both of these projects are in the initial phase of preliminary planning
and marketing.
Page 15
The CRP also describes a 'Master Parking Program' based on PSC
consensus and existing reports. This Master Parking Plan is the fulfillment of
the CRP 'Master Parking Program'.
IV.B. OSSHAD
The OSSHAD is a separate zoning district that includes the former
Delray High School which has been renovated into a Cultural Arts Center.
Portions of the OSSHAD are contained in the Downtown, West Atlantic and
Expanded CBD Areas.
The Arts Center includes the Cornell Art Museum, the Delray Historical
Society and a large meeting room (the old gymnasium). The 1925 Theater
Building is currently under renovation, and Phase III, an outdoor loggia, will be
completed in the future.
The parking needs generated by the Cultural Arts Center were not
included in WSA study, because the school renovation was not complete when
their parking plan was written.
The WSA block-by-block analysis indicated a deficit of 23 parking spaces
in the Downtown area block north of Atlantic Avenue between N.E. 1st and N.E.
2nd Avenue that was offset by a 23 space surplus in the school block.
It is estimated that 165 parking spaces are needed to satisfy the demand
generated by the Arts Center:
Auditorium: 75 spaces (250 seats x 0.3 spaces per seat)
Theater: 100 spaces (300 x 0.3 spaces per seat)
Museum: 45 spaces (9,000 s.f. x 5 spaces per 1,000 s.f )
Total: 165 spaces (220 spaces x 0.75 shared-parking factor)
Page 16
The WSA study included a surface parking lot of 30 spaces which no
longer exists and did not include new angle parking on N.E. 1st Avenue which
added 21 spaces to the parking supply. Therefore, it is estimated that there is a
174 parking space deficit on special events when the Arts Center is fully
occupied. Some of this special event deficit, however, can be absorbed in
surface parking north of N.E. 1st Street in the Expanded CBD Area.
When the proposed outdoor loggia is finished, the estimated parking
demand for special events may be approximately 480 spaces (24,000 s.f. x 1
space per 50 s.f. assuming that the auditorium, theater and museum patrons
also attend the loggia function.)
IV. C. PREVIOUS PLANS FOR A PARKING STRUCTURE
The City of Delray Beach and the CRA are playing an active role in
community redevelopment. A continuing goal is the revitalization of the
"Historic Downtown', and efforts have been made to get an anchor department
store in the Downtown Area.
In 1988, the City made plans for a parking structure adjacent to a
proposed Jacobson's store in the Downtown Area. A design development
report was prepared by Roy M. Simon, AIA and Walker Associates for a three-
level, 345-space structure which would be built on the north side of N.E. 1st
Street and span, on the third level, over the street to connect with Jacobson's.
The pre-cast concrete structure was estimated to cost $2,182,000. The City
would have paid for the parking structure, even though most of the parking
would have been dedicated to Jacobson's.
The project did not proceed (Jacobson's decided to locate in Boca
Raton), but other projects, like a movie theater complex with surface parking
(also mentioned in the CRA Community Redevelopment Plan) are being
studied.
Page 17
PART TWO: OPTIONS ANALYSIS
Part Two is an analysis of operating agency, parking financing and
regulation options as well as common parking problems, issues and specific
improvement items in the Study Area.
I. POLICY
I.A. OPERATING AGENCY (OA)
There are five basic options for the overall development and
management of parking in Delray Beach:
OA. 1 Operating Agency Options
OA. 1 a. The City.
OA. 1 b. The Downtown Development Agency (DDA).
OA. 1 c. The Community Redevelopment Agency (CRA).
OA. 1 d. A New Parking Authority.
OA. 1 e. A Parking Management Team
An October 1991 Memorandum by Rich and Associates noted that City
leadership of parking would introduce the highest level of politics into the
decision process. There would be a tendency to put parking revenues into the
general fund and place parking projects in direct competition with the City's
infrastructure and other programs.
Even though political realities can never be removed from the decision
process, the Rich Memorandum recommended that a quasi-public/ private
agency - not the City - oversee parking development. Existing agencies
which could oversee parking are the DDA and the CRA.
Page 18
The DDA operates in a very limited area (the Downtown Area) and
receives a small budget of about $28,000 per year. Because the parking
agency in Delray Beach must have the ability to provide some financial support
in terms of a balance sheet and revenues to back potential financing, the DDA
is not a good candidate.
The CRA, on the other hand, has a revenue stream from its tax increment
of about $630,000 per year. It covers the entire study area and has the lead
role and expertise in redevelopment, which generates most of the new parking
demand.
The CRA also has the ability to work with the community, elected officials
and City staff in integrating solutions. It has has already completed designs of
new parking lots and has worked other City agencies on some alley and
municipal lot renovations.
A Parking Authority is a special purpose, non-profit, public benefit
corporation created in many larger cities to plan, program, construct and
operate parking facilities. It is an autonomous, separate legal entity, created by
governmental action. Currently, Miami has the only Parking Authority in Florida.
The Parking Authority activities are financially self-sustaining. Initial
capital is usually borrowed against anticipated revenue through the issuance
and sale of revenue bonds. The Authority is usually governed by a board,
appointed by the mayor, comprised of local businessmen to base important
decisions on economic and not political reasons.
The Rich Memorandum noted that the creation of a Parking Authority, at
this stage of parking development in Delray Beach, would mean adding another
layer and expense to an overall parking program. Existing revenue sources do
not generate sufficient funds to allow an independent Parking Authority. The
PSC and the CRA Community Redevelopment Plan concur with this
recommendation.
Page 19
A Parking Management Team as a quasi-public/private group that would
be charged with overall development and management of parking. It would not
be an independent, self-sustaining organization like a Parking Authority, but
would provide essential parking leadership in the community. A Parking
Management Team could become a Parking Authority in the future.
In Delray Beach, a Parking Management Team would act like a more
formal version of the existing Parking Study Committee (PSC) and be
comprised of businessmen, community representatives and City staff. See
Exhibit 9.
I.B. PARKING FINANCING (PF)
The Rich Memorandum identified two basic options for financing parking
in Delray Beach:
PF. 1. Parking Financing Options
PF. 1. a. The City's General Fund.
PF. 1. b. A Parking Trust Fund.
The Rich Memorandum suggested that the City set up a parking fund and
establish a revenue generating history for the parking system to aid in the future
sale of bonds for land acquisition or in the construction of other parking areas.
The cost of providing surface or structured parking is very expensive.
The Rich Memorandum estimates that a parking structure or a parking lot must
generate about $92.00 per space per month to cover principal, interest and
operating cost. The costs are the same due to the land cost, which is amortized
over less spaces for surface lots.
Page20
Many cities pay for parking out of their general fund and use parking
revenues to offset the deficit of other infrastructure items. They may strive for
self-sustaining parking facilities by charging user fees, but these fees rarely
generate enough income to finance a new parking facility. Hence, parking
revenue from off-street and on-street locations are typically pooled into an
enterprise fund - like a Parking Trust Fund - to defray the debt on a new
project.
A Parking Trust Fund may be set up to remove parking revenue and
expenses from a city's general fund. All net parking receipts, in-lieu fees and
possibly net enforcement revenues go into the Parking Trust Fund and are used
for day-to-day administration and maintenance, capital improvements on
parking areas, the acquisition of parking areas, or to pay for the soft costs to
develop a project.
There are several revenue sources in Delray Beach to finance parking
projects:
PF. 2. Parking Trust Fund Revenue Sources
PF. 2. a. In-Lieu fee proceeds and interest. There are $35,000 of in-
lieu fees which are currently available for parking purposes.
PF. 2. b. Beach meter revenue. About $240,000 per year is collected,
some of which has been identified for beach restoration.
PF. 2. c. Enforcement revenue.
PF. 2. d. Direct contribution by the DDA. The DDA could contribute an
amount equal to the costs of providing free parking in the Downtown
Area (the revenue lost by not using parking meters.)
PF. 2. e. Direct contribution by the CRA. The CRA could contribute
some of its revenue in direct response the parking component of its
redevelopment and beautification projects.
PF. 2. f. Direct contribution by the City. The City could contribute
revenue equal to the amount spent for parking enforcement (through the
Police Department), parking maintenance (through the Public Works
Department), parking operations (through its parking agency) and
accounting (through the Finance Department.)
Page 21
New parking facilities are financed by many cities with bonds backed by
the city's 'full faith and credit'. Tax-exempt bonds, at an interest rate almost 3%
below taxable financing, is usually the best alternative.
There are limitations, however, to tax-exempt bonds for financing parking
facilities. First is the 'principal user clause' that restricts from 10% to 20% the
amount of a project that can be dedicated to any one user. It means that no
long-term agreement for parking spaces can be made directly with a new
department store. The department store's employees could purchase monthly
parking, and the store could offer free customer parking provided the same
validation program was offered to all area merchants.
Second is a limitation on the amount of retail space that can be
developed in a parking structure financed be tax-exempt bonds. Typically, no
more that 5% of the cost of a project can be used as retail space or for another
private purpose. The parking agency can still finance a parking structure with a
greater retail use, or with a significant principal user, but the bonds would be
taxable.
Although the City could finance a new parking structure in conjunction
with a major development project, the user fees and revenues from parking
meters in the Downtown Area would not meet the debt service and operating
expenses. Therefore, special assessments or revenue from the CRA or City's
general fund would be required to service the debt.
The DDA district, which is the Downtown Area, is the only existing
assessment district in the Study Area. The DDA district could not finance a new
parking facility in the West Atlantic Area, unless its boundary is extended. (The
DDA has received approval to hold a referendum to extend its boundaries into
the Beach and Expanded CBD Area.)
As part of a comprehensive parking program, the City could establish a
new parking assessment district, but a majority of voters within the district
borders would need to approve this new district.
Page 22
The PSC has identified the following revenue sources to finance new
parking facilities:
PF. 3. Financing New Parking Facilities
PF. 3. a. Non-taxable or taxable bonds backed by the City.
PF. 3. b. Direct user fees.
PF. 3. c. Parking revenue, such as meter revenue and in-lieu fees,
from other facilities in the area.
PF. 3. d. Special assessments.
PF. 3. e. Direct contributions by the DDA.
PF. 3. f. Direct contributions by the CRA. The CRA provides a lead
role in many redevelopment projects which contain a parking
component.
PF. 3. g. Direct contributions from the City.
In summary, the entire complexion of parking would change if the City
constructs a parking structure. The City would probably need to charge for
parking within the structure, install metered parking in the entire area, and
assess the district to meet the debt service and operating expenses of a parking
structure.
The construction of a parking structure would also create long-term
commitments to security and maintenance which are not needed with a system
of convenient, well-illuminated municipal parking lots.
II. PARKING
Traffic engineering, parking management and parking supply options are
available to help improve the parking situations identified in the Study Area.
Page 23
II. A. TRAFFIC ENGINEERING (TE)
The PSC has identified traffic engineering options to enhance traffic flow
and improve access to municipal lots:
TE. 1 Directional Signing Program
TE. 1. a. Improve directional signing at all intersections and in
advance of major intersections on the bypass route. Upgrade directional,
truck restriction, 'Bypass Route' and 'Historic Downtown' signing.
TE. 1. b. Upgrade signing from northbound U.S. Highway I to the
westbound bypass route. Overhead signing is provided at the other
intersections and anticipated at this intersection.
TE. 1. c. Provide improved 'one-way' and 'do not enter' signs at
applicable streets, alleys and municipal lots.
TE. 2. Swinton Avenue Intersection Reconstruction
Improve the Swinton Avenue intersection, as illustrated in Exhibit 7. The
City Commission has already rejected some of these options, but the
PSC believes that the parking agency should study the costs and
benefits of this project.
TE. 2. a. Add a left-turn lane from westbound Atlantic Avenue to
southbound Swinton Avenue.
TE. 2. b. Provide curb parking and/or a drop-off on the Atlantic Avenue
in front of Old School Square when constructing new left-turn lane.
TE. 2. c. Redesign the intersection as the gateway to 'Historic
Downtown'.
TE. 2. d. Provide landscape islands to enhance the bypass route
alternate in advance of the intersection. Additional right-of way will be
required.
Page 24
TE. 3, Alley Improvement Program
The City has already begun an alley improvement program.
TE. 3. a. Improve rear (alley) entrances to businesses for better access
to municipal lots. The CRA has already begun this effort.
TE. 3. b. Provide adequate and unobtrusive trash dumpsters for
businesses.
TE. 4. Atlantic Avenue Left Turn Program
TE. 4. a. Address the left-turn problem from Atlantic Avenue to 1st, 2nd
and 4th Avenues (also to southbound Swinton Avenue). Traffic must
stop when vehicles wait to make a left turns from Atlantic Avenue to
these roadways because left-turn lanes are not provided. Restrictions
have been tried several times in the past, but the PSC believes another
review is warranted.
· Prohibit left turns.
· Prohibit left turns from December through May.
· Restrict left turns from 9 a.m. to 6 p.m.
· Restrict left turns from 9 a.m. to 6 p.m, from December through May.
TE. 4. b. Provide a left-turn arrow at the traffic signal for westbound
Atlantic Avenue to S.E. 2nd Avenue. The traffic signal is phased to clear
the railroad, so extra green time is already allotted to westbound traffic for
the left-turn arrow.
TE. 4. c. Prohibit or restrict the left turn from eastbound Atlantic
Avenue to N.E. 2nd Avenue. A driver never gets the opportunity to make
this left turn at the yellow light because the light in the opposite direction
remains green.
Page 25
TE. 5. Pedestrian Access across Atlantic Avenue at Veteran's Park
Provide pedestrian access from Veteran's Park across Atlantic Avenue.
The WSA study identified parkers who walk this route. The nearest
crosswalk is located at 7th Avenue, almost 2 blocks to the west.
· A walkway under the Intracoastal Waterway bridge.
· A pedestrian crosswalk, with signs, pavement markings, but no traffic
signal across Atlantic Avenue.
II. B. PARKING MANAGEMENT (PM)
The PSC has identified parking management options to improve the use
of the existing supply of public parking spaces:
PM. 1. Parking Signing Program
PM. 1. a. Improve parking signing on Atlantic Avenue, the bypass route
and all side streets to municipal lots. Provide complete, consistent and
attractive signing.
PM. 1. b. Provide 'Alternate Beach Parking' signs from Gleason Street
to nearby parking at Sandoway and Anchor Parks.
PM. 2. Pavement Marking (Striping) Program
PM. 2. a. Provide pavement marking for curb spaces on Atlantic
Avenue as illustrated in Exhibit 8. City code calls for a 22' long curb
parking space, which includes extra maneuvering distance that is 4' long.
The maneuvering distance of successive parking spaces is combined to
create an 8' long 'no parking' zone for efficient curb parking. There is no
loss in parking with this striping method.
PM. 2. b. Provide pavement marking to all curb spaces, including side
streets. Consistent pavement marking will enhance public acceptance,
use and efficiency of curb parking.
Page 26
PM. 3, Municipal Lot Improvement Progr.am
PM. 3, a. Provide consistent and attractive lighting at municipal lots.
PM. 3. b. Provide consistent and attractive landscaping at municipal
lots. Proper landscaping will enhance lot recognition and use.
PM. 3. c. Create an attractive entrance from S.E. 4th Avenue to the
Municipal Library parking lot. Existing signing is inconsistent and the
alley entrance is misleading.
PM. 3. d. Explore parking lot redesign which increases the efficiency of
the existing lots. (Perpendicular parking is more efficient than angle
parking.)
PM. 4. Parking Meter Program at Public Spaces
PM. 4. a. Install parking meters at the municipal lot at the corner of
Andrews Avenue and Atlantic Avenue (near the Holiday Inn).
PM. 4. b. Install parking meters in the Beach Area. Meters are already
in place on Route A1A and at nearby beach parks. Many beach patrons
use existing 2-hour curb spaces on Atlantic Avenue.
· Meters on Atlantic Avenue in the Beach Area.
· Meters on Atlantic Avenue and the side streets (but not Lowry Street
or Miramar Drive) in the Beach Area. A consistent policy of parking in
the Beach Area is encouraged.
PM. 4. c. Implement a token program for merchants in conjunction with
the installation of new meters. A free token for the meters can be given to
customers which will encourage return visits.
PM. 4. d. In the future, install parking meters on Atlantic Avenue in the
Downtown Area. Curbs spaces are already over utilized in the
Downtown Area. Meters will immediately encourage the use of free
parking at side street curb spaces and in municipal lots. This option
should not be implemented until an adequate supply of convenient,
easily identifiable parking is available in the Downtown Area.
PM. 4. e. Develop a plan for the future installation of meters at all
public spaces in the Downtown Area. This option should not be
implemented unless and until a parking structure is needed.
Page 27
II. C. PARKING SUPPLY (PS)
The PSC has identified parking supply options to improve the public use
of the existing private parking spaces and to add new public parking spaces:
PS. 1. Parking Su_o_oly Management Program
PS. 1. a. Identify and clearly delineate public curb spaces on the side
streets in the Beach Area. It is not clear which spaces are public and
where parking is permitted on the side streets in the Beach Area. This
option will involve upgrading some curb parking spaces.
PS. 1. b. Develop, market and implement an employee parking permit
program on municipal lots (not curb spaces). These permits could given
to employers in exchange for 'customer-only' spaces on their private lots.
PS. 1. c. Develop, market and implement a paid parking program on
private lots. The Holiday Inn offers paid parking to the general public.
Other establishments could offer paid self-parking, valet or metered
parking on their private lots under this program. The City would
participate in the program costs as an alternative to the expensive
acquisition and development of new municipal lots in the beach area.
PS. 1. d. Relocate the municipal lot north of Holiday Inn instead of
waiting until the Holiday Inn expansion proceeds. This option would
temporarily add approximately 24 parking spaces to the Beach area
supply. (If the parking agency acquires some additional property to
provide parking on both sides of the driving aisle, 24 new parking spaces
could be constructed.)
PS. 2. Public Leasing of Private Lots Program
PS. 2. a. Develop, market and implement a program of public leasing
of private lots. The parking agency could - as program incentives -
improve the lots, install meters, provide employee parking, market the
program, and share in the meter revenue with the owner. Potential sites
follow:
Page 28
· The Barnett Bank employee lot on the east side of Sea Breeze
Avenue. This lot is not connected to the bank building and is
underutilized.
· The Fran Brewster employee lot on the west side of Gleason Street.
This lot is not connected to Fran Brewster's store and is underutilized.
· The Presbyterian church parking lot. A portion of this lot near
Gleason Street is already shared with Atlantic Centre during business
hours. This arrangement might be expanded for public parking,
especially if a meter token system is implemented.
· The seasonal Hertz car rental lot. Hertz has already contacted the
Chamber of Commerce about leasing this lot during the off-season.
· The Colony Hotel parking lot off N.E. 6th Avenue.
· The MacMillan parking lot off N.E. 4th Avenue.
PS. 2. b. Investigate the use of the vacant Holiday Inn property before
the Holiday Inn expansion proceeds.
· Improve the existing municipal lot north of the Holiday Inn to provide
new parking on the other side of the driving aisle. Existing parking is
single-loaded (parking on one side of the driving aisle);
double-loaded parking is more efficient. This option will temporarily
add approximately 24 spaces to the Beach Area parking supply.
· Extend the lot to provide new, double-loaded parking to Andrews
Avenue. The parking agency could raze the old fire station and
develop this parking. Traffic circulation would improve and 'Alternate
Beach Parking' signs to Andrews Avenue could be installed. This
option would temporarily add approximately 20 spaces.
· Expand the municipal lot to fill the Holiday Inn expansion site. This
option would temporarily add approximately 80 spaces, but the
benefit-cost ratio may not be satisfactory. (The Holiday Inn might want
to implement this option without the parking agency's participation.)
PS. 2. c. Allow parking behind Boston's with backout directly into the
alley. This option will add approximately 10 spaces.
PS. 2. d. Allow more beach parking after 11 p.m. This option would
benefit nearby establishments with nighttime activities.
Page 29
PS. 3. Parking Lot Acquisition Program
PS. 3. a. Develop a program for the acquisition of land for new parking
lots. Identify potential sites and funding sources. Priority areas with
immediate parking needs follow:
· The Beach Area. The lots mentioned in the lease program are
potential acquisition sites.
· The Downtown Area near OSSHAD. The WSA report identified a
parking deficit in the blocks north of Atlantic Avenue between Swinton
Avenue and N.E. 2nd Street even before the OSSHAD renovation
had begun.
· Redevelopment Sites in the entire Study Area. The 'vest-pocket"
parking lot for Banker's Row and the Peach Umbrella parking lot are
examples of this policy. These small parcels can be improved for
employee and special event parking and act as a land bank for future
redevelopment projects.
III. REGULATIONS
The PSC has identified several options which address the LDR and
handicap parking regulation issues.
III. A. LDR MODIFICATIONS (LD)
LD. 1. Parking Requirement Modification Proqram
LD. 1. a. Apply different parking requirements in the CBD for
residential land use which must be accompanied by a change of use
provision. The uniform CBD parking requirement unfairly penalizes
mixed-use projects, since residential property generates about 1 1/2
spaces per one-bedroom apartment not 3.3 spaces per 1,000 s.f.
LD. 1. b. Apply CBD parking requirements in the OSSHAD. The
parking characteristics of the OSSHAD and its overall proximity to the
Downtown Area seem to warrant the less stringent CBD parking
requirements.
Page30
LD. 1. c. Remove the Expanded CBD Area from the special CBD
parking requirements. The parking characteristics of the Expanded CBD
Area are not like the Downtown Area, so that the more stringent citywide
parking requirements based on land use seem more appropriate.
LD. 2. In-Lieu Fee Program Modification
LD. 2. a. Deposit the in-lieu fee proceeds and interest into a
Parking Trust Fund.
LD. 2. b. Apply the in-lieu fee option in the OSSHAD.
LD. 2. c. In the future, increase the in-lieu fee to $4,000 (or more) to
reflect the actual cost of parking. The cost of new surface parking spaces
ranges from $4,100 to $4,700.
LD. 2. d. Provide an in-lieu fee 'extended payment plan' of $400 per
space per year for 10 years. (based on $2,500 with 9.6% interest) The
up-front, lump-sum fee may discourage redevelopment.
LD. 2. f. Waive the in-lieu fee for small projects. The in-lieu fee can
discourage small renovation projects which help revitalize the CBD.
· Waive the fee for expansions less than 600 s.f. This option waives
2.0 spaces for small expansions.
· Waive 2.0 parking spaces required by the in-lieu fee. This option
waives 2.0 spaces for everyone regardless of expansion size.
III. B. HANDICAP PARKING (HP)
HP. 1. Handicap Parking Program
HP. 1. a. Seek State/Federal interpretation of handicap requirements
for parking spaces calculated on a block-by-block basis. If this
calculation is permitted, public parking along Route AIA and in municipal
beach parking lots can be grouped as a single unit.
HP. 1. b. Seek State/Federal interpretation of handicap requirements
for public and private parking spaces in the CBD calculated on a block-
by-block basis. If this calculation is permitted, public and parking in the
CBD could be combined with handicap spaces located on municipal lots
rather than independently on many smaller private lots.
Page 31
HP. 1. d, Develop and implement a program for handicap parking
compliance for new projects and conversions relative to HP. 1. b. above.
HP. 1. e. Develop and implement a program for handicap parking
compliance for existing parking spaces.
HP. 1.f. Redistribute the Route A1A handicap parking spaces
throughout the area rather than in one location.
HP. 1. g. Seek revision of State handicap parking space size
consistent with ADA. A 12' wide stall is much wider than the ADA
requirement.
IV. FUTURE DEVELOPMENT AND DECISIONS (FD)
FD. 1. Future Development Policy and Procedure Program
Develop and implement a policy and procedure to guide in the
acquisition of new parking lots (see PS. 3.) and new parking facilities in
the priority order listed below:
· Parking lots which address immediate parking needs.
· Parking lots which address future parking needs.
· Parking lots which can be connected to other parking lots.
· Parking lots which can become the sites for future parking structures.
· Future parking structures.
FD. 1. Decision Policy and Procedure Program
Develop and implement a policy and procedure to resolve other parking
issues that arise.
Page 32
PART THREE: MASTER PARKING PROGRAM
This Master Parking Program refers to the previous options analysis and
offers improvements and policy recommendations based on PSC consensus
and conclusions from other reports to meet existing and future parking needs.
I. PARKING MANAGEMENT TEAM
There are numerous parking options and regulation modifications, as
well as a lack of singular focus in parking in Delray Beach. Therefore, the PSC
recommends that the City Commission create a Parking Management Team
(PMT) to provide leadership on parking decisions in the City. The PMT should
be charged with the planning, development, construction and operation of
parking in the Study Area.
The PMT is in many respects a formal version of the existing PSC. It
should be comprised of 9 members: a representative from the CRA, the DDA,
the City Commission, the Chamber of Commerce (Atlantic Avenue Association),
the Planning & Zoning Board; and a member-at-large representing from the
Downtown, Beach, West Atlantic and Expanded CBD Areas. The members
should be appointed by the City Commission and serve a term limit of
approximately 2 years.
This quasi - public/private advisory board could become an independent
Parking Authority in the future.
The CRA could be under contract as the lead agency in providing staff
support and agenda setting to the PMT. It is the best choice of existing
agencies because it is somewhat removed from city politics; it covers the entire
Study Area; and it already takes a lead role in redevelopment projects, which
warrant most new parking facilities. The CRA staff would also coordinate with
City staff on parking issues. See Exhibit 9.
Page 33
II. PARKING TRUST FUND
There are numerous parking financing options involving the construction
of new parking facilities. Therefore, the PSC recommends that the City
Commission create a Parking Trust Fund, separate from the City's general fund,
exclusively for parking purposes. The City Commission should have authority
over the Fund and release monies for purposes requested by the PMT.
The existing $35,000 of in-lieu fees and accumulated interest should be
deposited in the Fund.
All parking meter revenues should be deposited in the Fund and an
agreement reached on the amount of beach meter revenue returned for beach
renovation. Payment for parking services already provided by the City (meter
collections, enforcement, etc.) should be made from the Fund.
Enforcement revenue could be deposited in the Fund and an agreement
reached on the amount returned to the City for Enforcement expenses.
The CRA and City should make annual contributions to the Fund. The
DDA contribution should be equated with the parking meter revenue that is
'lost' by maintaining free parking in the Downtown Area.
III. PARKING IMPROVEMENTS
The PMT should review, prioritize and act on the traffic engineering,
parking management and parking supply improvement programs contained in
Part Two:
Traffic Engineering (TE)
TE. 1 Directional Signing Program
TE. 2. Swinton Avenue Intersection Reconstruction
TE. 3. Alley Improvement Program
TE. 4. Atlantic Avenue Left Turn Program
TE. 5. Pedestrian Access across Atlantic Avenue at Veteran's Park
Page34
Parking Management (PM)
PM. 1. Parking Signing Program
PM. 2. Pavement Marking (Striping) Program
PM. 3. Municipal Lot Improvement Program
PM. 4. Parking Meter Program at Public Spaces
Parking Supply (PS)
PS. 1. Parking Supply Management Program
PS. 2. Public Leasing of Private Lots Program
PS. 3. Parking Lot Acquisition Program
The PSC recognizes that some Iow-cost improvements might be
unnecessarily delayed because the creation of a formal PMT and Parking Trust
Fund will take several months. These programs can be performed by City Staff
and include the following:
TE. 1. Directional Signing Program
PM. 1. Parking Signing Program
PM. 2. Pavement Marking (Striping) Program
IV. REGULATION MODIFICATIONS
The PSC defers any recommendations regarding LDR modifications to
the PMT.
The PSC did however, reach consensus on these general problems with
the existing special CBD parking requirements and the in-lieu fee but defers the
specifics to the PMT:
· It seems to unfairly penalize residential use in the CBD.
· It seems to unfairly penalize the OSSHAD with no in-lieu fee option.
· It seems to be too generous in the Expanded CBD Area with uniform
parking requirements that are not based on land use.
· The in-lieu fee does not reflect the actual cost of parking.
· The in-lieu fee as an up-front, lump-sum payment may restrict
development.
· The in-lieu fee might restrict small expansion projects.
Page 35
The first phase of the Handicap Parking Program should begin before the
PMT is formed. The City should seek State/Federal interpretation of the
American Disabilities Act and calculation of handicap requirements.
V. FUTURE DEVELOPMENT AND DECISIONS
The entire complexion of parking would change in Delray Beach if a
parking structure is ever constructed in the Downtown Area. It is likely that user
fees would be charged, parking meters installed in the entire Downtown Area,
and a special assessment made to meet the operating expenses and debt
service of a new structure. There are difficult and important decisions to be
made even in the acquisition of new parking lots to meet the parking supply
problems in the Downtown (OSSHAD) and Beach Areas. Therefore, PSC
defers any recommendation about future development and policy decisions to
the PMT.
The PSC recommends that the PMT proceed very carefully with the
construction of any parking structure. A plan for a city-owned structure in
conjunction with a major downtown project should be prepared, but the full
consequences of this action including paid user parking, meters and special
assessment districts must be thoroughly examined.
The PSC recommends that the construction of convenient surface lots
should be a short-term goal of the PMT, but new lots should be acquired with a
long-term perspective that the lots might become the site of a future parking
structure.
Page36
Exhibit 1
The Parking Study Committee (PSC)
Armond Mouw, City Commissioner
Mark Krall, Planning & Zoning Board
Bruce Gimmis, The Trouser Shop, Atlantic Avenue Association (AAA)
Kevin Egan, Field Associates, CRA
Kathy Shabotynski, The Chamber of Commerce
Skip Matteis, Sal's Sports, DDA
Staff:
Chris Brown, Executive Director, CRA
David Kovacs, Director Planning & Zoning, City of Delray Beach
Ron Hoggard, Planner, CRA
Greg Luttrell, Traffic Engineer, City of Delray Beach
Exhibit I
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 6A
' \ Remove Exist. Landscape
° Exist. "'
WestAt/antic Avenue Curb ~ New Left-turn Lane
..... , .......... East At/antic A venue
New ~g~..~ Exist.
"~-~ r/'/'/~e ~ Curb
Optional
Atlantic/Swinton
Intersection
Gateway to
"Historic Downtown"
Exhibit 7
22' Typical i. I i
Atlantic A venue
"Parking" Stripe, Typ. ~
Curb Parking
Existing Striping
22' Typical ;
'Pa. rkJng' Stripe, Typ.
~ At/antic Avenue
~ 'No Parking' Stdpe, Typ.
~ C~ ,,Parking
Optional Striping
Exhibit 8
-- Parking Management Team/
Parking Trust Fund
Organization
City Commission
Referrals%/ ~ ~J/Authorizes $
Parking Parking
Management Trust
Team Fund
CRA x ~'
DDA
City Commission Revenues Expenses
Planning & Zoning Board
Chamber of Commerce/AAA
Community Members: In-Lieu Fees Studies
Downtown Area Meter Revenue New Lots
Beach Area Enforcement Revenue New Meters
Expanded CBD Area DDA Contribution Operation
West Atlantic Area CRA Contribution Lease Program
City Contribution Signing Program
Striping Program
Debt Service
Staff Support
Returns to City:
· Beach Renovation
· Maintenance
· Enforcement
· Accounting
CRA ( ~{ Planning & Zoning
Planning, Traffic Engineering
Staff Support
Agenda Se~ng ~
Coordination ( Police Department
Enforcement
~ Public Works
Maintenance, Meter Collection
~{ Finance Department
AccounlJng, Data Processing
~{ Parking Clerk
Fines, Adjudication
Exhibit 9
Writer's Direct Line: (407) 243-7090
DE[R~ BEACH
Ali.America City MEMORANDUM
]ll[[[]l[[ DATE: Marchl, 1996
TO: City Commission
FROM: David N. Tolces, Assistant City Attorr~55~--
SUBJECT: Ordinance Modifying Land
Development Regulations Section 6.3.3.
The Proposed ordinance which is attached to this memorandum revises Section 6.3.3. of
the City's Land Development Regulations. The ordinance primarily addresses the issue
of newsrack aesthetics. The ordinance in its current form would require all publishers or
distributors to submit a "Certificate of Compliance" with respect to each newsrack
placed within the City limits no later than two weeks after placement of the newsrack.
After discussing the matter with the City staff, it was agreed that commission should
decide what type of newsrack should be required in the City. The two newsrack
companies are K-Jack and Sho-Rack. Pictures of the different types of newsracks
considered are attached. The ordinance currently has both model lists in Section
6.3.3.(E)(2). It is the Commission's decision as to what brand and style of Newsrack
will be most attractive within the City.
City staff is also recommending that each newsrack's exterior have a "forest green" type
color. The rectangular base will be black, and the Cabinet will be a "forest green" or
similar dark green. City staff feel that this color will best blend with the surrounding
landscape in most areas. Newsracks will no longer have cardboard advertising on the
front of the newsrack, and the lettering will not be larger than 2 1/2 inches. (See
Section 6.3.3.(E)(3) and (4)).
Section 6.3.3.(E)(7) requires that all newsracks be maintained in a neat and clean
condition. This requires the publisher or distributor to maintain a newsrack that is free of
graffiti, dirt, rust, chips and paint, and corrosion. Failure to maintain the newsrack in
good condition could result in an enforcement action.
Under the proposed ordinance, the distributor or publisher will also have to provide the
City with proof of insurance. In order to protect the public from newsracks which easily
tip over in the wind, all newsracks will have to weigh a minimum of 125 pounds at all
time.
The distributor will also be required, in the event of a hurricane warning, to remove the
newsrack from the right-of-way. This will protect the public from flying debris in the
event of a hurricane.
The above described changes will assist the City in correcting the aesthetic and safety
problems associated with newsracks.
Please call if you have any questions.
DNT/jlk
cc: David Harden, City Manger
Alison MacGregor Harry, City Clerk
Lula Butler, Director of Community Improvements
Diane Dominguez, Planning Director
Richard Bauer, Code Enforcement Administrator
newsmem.dnt
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
ARTICLE 6.3, "USE AND WORK IN THE PUBLIC
RIGHT-OF-WAY", SECTION 6.3.3, "MOVABLE
FIXTURES WITHIN THE RIGHT-OF-WAY", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, TO PROVIDE FOR REGULATIONS
ON THE PLACEMENT, APPEARANCE, AND
MAINTENANCE OF NEWSRACKS; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVINGS CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, substantial growth in the number of newspaper operators and Newsracks
in the City has produced a significant increase in the number of Newsracks installed in public
rights-of-way; and
WHEREAS, the uncontrolled placement of Newsracks in public rights-of-way presents
an inconvenience and danger to the safety and welfare of persons using such rights-of-way,
including pedestrians, persons entering and leaving vehicles and buildings, and persons
performing essential utility, traffic control and emergency services; and
WI-IEREAS, the installation and placement of Newsracks in public rights-of-way has
resulted in concerns by the public and City officials with regard to the safety, convenience and
aesthetics thereof; and
WHEREAS, the City Commission finds that there is a need to regulate and establish
procedures regarding installation, placement maintenance and insuring of Newsracks within
the City; and
WltEREAS, the City Commission finds that such regulations and procedures
governing Newsracks will serve to promote the health, safety, aesthetics and welfare of the
citizens of Delray Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA:
~. That Chapter 6, "Infrastructure and Public Property", Article 6.3, "Use
and Work in the Public Right-of-Way", Section 6.3.3, "Movable Fixtures Within the Right-of-
Way", of the City of Delray Beach Land Development Regulations is hereby amended to read
as follows:
Section 6.3.3 Movable Fixtures Within the Right-of-Way:
(A) Purpose and Scope:
The purpose of the following is to promote the public health, safety and welfare
through the regulation of placement, type. appearance, servicing, and insuring of newsracks
on public rights-of-way so as to:
(1) Provide for pedestrian and driving safety, and convenience.
(2) Restrict unreasonable interference with the flow of pedestrian or
vehicular traffic including ingress into or egress from any residence or place of
business, or from the street to the sidewalk by persons exiting or entering parked or
standing vehigles.
(3) Provide for public and property safety, during hurricane conditions. '
(4) Provide reasonable access for the use and maintenance of poles, posts.
traffic signs or signals, hydrants, mailboxes and access to locations used for public
transportation purposes.
(5) Relocate and/or replace newsracks which result in a visual blight and/or
excessive space allocation on the public rights-of-way or which unreasonably detract
from the aesthetics of store window displays, adjacent landscaping and other
improvements, as well as to have abandoned newsracks removed.
{6) Maintain and protect the values of surrounding properties and prevent
damage to grass right-of-way areas.
(7) Reduce unnecessary, exposure of the public to personal injury or
property damage.
(8) Treat all newspapers equally regardless of their size. content, circulation.
or frequency of publication.
(9) Maintain and preserve freedom of the press.
(10) Cooperate to the maximum with newspaper distributors.
(B) Definitions: For the purpose of this subsection the following definitions shall
apply unless the context clearly indicates or requires a different meaning.
"Advertising Circular." Any publication that contains only advertising and no
news reports.
"Auxiliary Lane." A turn lane or on-street parking area.
2
"Bike Path." That portion of a right-of-way improved, designed, or ordinarily
used for bicycle traffic.
"Controlling Entity." The person or entity responsible for placing and
maintaining a movable fixture, the owner of the movable fixture, or the publisher of the
newspaper vended within a newsrack.
"Equivalent newsrack." Any newsrack which is of the same size. dimensions
and style of the specified newsrack.
"Intersecting Sidestreet." Any roadway or driveway on which traffic is
required to stop prior to entering the intersection.
"Movable Fixture." Any newsrack, bench, or other non-attached fixture.
"Newsrack." Any self-service or coin-operated box, container, storage unit, or
other dispenser installed, used, or maintained for the display, sale, or distribution of
newspaper or other news periodicals or advertising circulars.
"Paved Surfaces." Any hard maintained surface used or built for the purpose
of transporting vehicles, bicycles or pedestrians. Surfaces shall include, but not be limited to,
asphalt, concrete, paver block, tree grates and/or rocks.
"Public Agency." The City of Delray Beach, Palm Beach county, the State of
Florida, its subdivisions, departments or authorized agents.
"Right-of-Way." All that area dedicated to public use or otherwise owned by a
public agency for public street purposes and shall include, but not be limited to, roadways,
swales, bike paths, and sidewalks.
"Roadway." That portion of a right-of-way improved, designed, or ordinarily
used for vehicular traffic.
"Sidewalk." Any surface within a right-of-way provided for the exclusive or
primary use of pedestrians.
(C~ Certificate of Compliance Required:
No person shall place, affix, erect, construct or maintain a newsrack without first
providing a certificate of compliance for each newsrack in accordance with the provisions of
this section.
(1) Reviewing and Enforcement authority: The authority responsible for
reviewing the certificates of compliance and enforcing the terms of this section shall be
the Code Enforcement Administrator or his/her designee. The Code Enforcement
administrator or his/her designee is responsible for fairly coordinating and
administrating the physical placement of the newsrack~,
(2) Certifications: The applicant shall file with the Code Enforcement
Administrator a written certificate of compliance which shall contain the followir~g
information:
(al The name. address and telephone number of the applicant, who is
the owner and/or principal responsible for the newsrack(s),
_(b) The name. address and telephone number of a responsible person
whom the City may notify or contact at any time concernine the avvlicant's
newsrack(s).
(c) The number of newsracks and the proposed location of each.
(d) Names of newspapers or periodicals to be contained in .each
newsrack.
(e) Type or brand of newsracks, including an illuslration and
description of the newsrack and mount if other than a box type. or a newsrack
manufactured with modifications to the door. window and cabinetry, of the
above-described newsracks to accommodate vertically-formatted ("Talploid-
type") newspaper display and distribution, as per section 6.3.3 (El.
(f) A certification that the newsrack is installed in conformance with
the provisions of this ordinance in their entirety.
(3) Verification of Certificate of Compliance: The Code Enforcement
Administrator may verify, that the newsrack is in compliance with the provisions of this
section.
4) Denial of Certificate of Compliance: If a certificate of compliance for
newsrack location is incorrect, or the newsrack is not located, maintained, or installed
in conformi .ty with the certification or this section, the certificate of compliance shall be
cl¢¢rrted denied, and an order to correct the violationshall be issued pursuant to Section
6.3.3(--J I).
4
(D) General Placement of Newsracks;
The publisher or distributor of any newspaper or written periodical distributed from
any newsrack location within a city right-of-way shall notify, the Code Enforcement
Administrator or his/her designee, in writing, of the location or change of location of
any such newsrack by filing the certificate of compliance no later than 14 days after the
placement or relocation of the newsrack.
(C E) Standards for Newsrack Maintenance and Installation:
Any newsrack which in whole or in part rests upon in or over any public property or
right-of-way shall comply with the following standards:
(1) A newsrack shall not exceed 4 feet, 6 inches in height, 40 inches wide, or 24
inches in depth.
(2) Newsracks shall be wide base. non-pedestal. K-JACK KJ-960, KJ-860.
SHO-RACK TK-80. or TK-500 newsrack or equivalent. If demand warrants, the
newsrack may be a KJ-950D or equivalent. Manufactured modifications to the 0o(pr,
window, and cabinetry, for the above described newsracks to accommodate vertically-
formatted. "tabloid type" newspaper display and distribution are acceptable, Under
"warranted demand." a Newspaper Publishing Company may show that it is necessary
to include, with ordinary, demand, a reasonable percentage factor to accommodate peak
yearly distribution in the quantity, of newspapers dispensed. If the demand is
warranted, the City. shall not unreasonably withhold approval of such proposal by the
Newspaper Publishing company in accordance with Section 6.3.3(A).
(3) Newsracks shall have gloss black bases, forest green sides and door. and
forest green coin box. coated per standard specifications.
(4) Newsracks shall carry, no card holders or advertising except the name of the
newspaper being dispensed centered fifteen inches (15") from the top of the cabinet.
with duplicate lettering on the front, sides and back of the cabinet, such lettering not
exceeding two and one-half inches (2 1/2") in height. The above fifteen inch (15%
dimension may be adjusted on the door by the manufacturer to accommodate
modifications for vertically-formatted. "tabloid-type" newsracks.
(7) Coin operated newsracks shall be equipped with a coin return mechanism to
permit a person wishing to purchase a newspaper or periodical to secure an immediate
refund in the event the newsrack is inoperable. At all times, the coin return mechanism
shall be maintained in good working order.
(6) The controlling entity shall permanently affix to its newsracks a label which
states a 24 hour operable telephone number of a working telephone service which the
5
customer may call to report a malfunction, or to secure a refund in the event of a
malfunction of the coin return mechanism. The label shall feature clearly on its face, the
name and address of the distributor to give the notices provided for in this chapter.
(D_7) The controlling entity shall maintain each movable fixture in a neat and
clean condition, and in good repair at all times. Each newsrack shall be maintained so
that:
(a) It is reasonably free of graffiti:
(b) It is reasonably free of dirt and grease:
(c) It is reasonably free of chipped, faded, peeling and cracl~¢d paint in
the visible painted areas thereof:
(d) It is reasonably free of rust and corrosion in the visible metal areas
thereon:
(e) The clear plastic or glass parts thereon, if any. through which the
publications are viewed are unbroken and reasonably free of cracks, dents,
blemishes, and discolorations.
(f) The paper or cardboard parts or inserts thereof are reasonably free
of tears, are not peeling, or tearing: and
(g) The structural parts are not broken or unduly misshapen.
(~;8_) The use of a bench for advertising purposes is strictly prohibited.
(9) Any newsrack being installed, placed, or maintained on a public right-of-way.
street or sidewalk ~hall be installed in a safe and secure manner so as to prevent the
newsrack from being stolen or becoming a hazard in severe weather. At any time. the
total weight of the newsrack and any weighting device shall not be less than one hundred
twenty-five (125) pounds.
(10) ][rl the event of the issuance of a hurricane warning by any entity, with
jurisdiction to issue such a worning, the newsrack shall be removed.
~ F) Prohibited Locations:
(1) Landscaped Areas: Movable fixtures shall not be placed or installed or
erected on any landscaped area within an improved public fight-of-way. The landscaped
areas include, but are not limited to, those areas in which the following ground cover
materials placed:
6
(a) Decorative plants, or
(b) Native plants maintained to match the surrounding flora, or
(c) Sod or grass
(2) Public Utilities: Movable fixtures shall not be placed, installed, or
erected to obstruct the use of any public utility pole or structure. These areas are
designated as follows:
(a) Drainage structures: Movable fixtures shall not be physically
attached, chained, or bolted to any drainage structure, inlet pipe, or other physical
object meant to carry water for drainage purposes;
(b) Utility Poles: Movable fixtures shall not be physically attached.
chained, or bolted to a utiliD' pole;
(c) Fire Hydrants: Movable fixtures shall not be located within 15 feet of
a fire hydrant
(3) Traffic Control Devices: Movable fixtures shall not be physically
attached, chained, bolted, or erected to obstruct the function of traffic signals, traffic signs
or pavement markings. These areas shall be designated as follows:
(a) Traffic signals.
(1) Movable fixtures shall not be physically attached.
bolted, or chained to a traffic signal pole.
(2) Movable fixtures shall not be placed in such a
manner which obstructs the free pedestrian flow to and from a
pedestrian traffic signal push button. In order to allow for the free
pedestrian flow, and handicap access, to and from pedestrian traffic
signal push buttons, movable fixtures shall be placed at least 36
inches away from such pedestrian traffic signal push buttons.
(b) Traffic signs. Movable fixtures shall not be physically attached.
bolted, or chained to a traffic sign or post used for the support of a traffic
sign or signs.
(4) Paved Surfaces: No moveable fixture shall be placed, installed, or
erected directly on a paved surface which is intended primarily for the use of motor
vehicles.
(5) Side~valk: Movable fixtures placed or maintained on a sidewalk shall
leave a clear area for traffic of not less than 40 inches.
7
(6) Bike Path: Movable fixtures which are placed or maintained on a bike
path shall leave a clear area for traffic of not less than 8 feet.
(7) Clear Zones: Movable fixtures shall not be installed, placed or erected
within clear zones as defined in this section. Clear zones are defined as follows:
(a) The area measured within four feet of the face of a six inch
high vertically faced curb. Where the four foot minimum is impractical,
the minimum may be reduce to 2 1/2 feet.
(b) In all other locations, the movable fixture shall be located
no less than ten (10) feet away from the edge of the pavement. If there is
not ten (10) feet available, the movable fixture shall be located as far away
from the edge of the pavement as possible
(8) Sight Areas: Movable fixtures shall not be placed, attached, installed or erected
within the sight areas defined in this section. For purposes of this section, sight areas
extend vertically 'from a point commencing 3 feet above the payment elevation, and
encompass the triangular area of property located at a comer formed by the intersection
of txvo or more public right-of-way, with two sides of the triangular area extending forty
feet from their point of intersection along the edge of roadway, and the third side being a
line connecting the ends of the other txvo lines. (See Figure 1). All obstructions to the
required sight distance shall be removed within the area shown in Figure 1.
Figure 1
Typical Intersection
(not to scale)
(9) Other Areas: Movable fixture shall not be placed, installed, or erected in
any of the areas defined in this section.
(a) The area within 50 feet of any railroad track.
(b) On any city property unless the location has been specifically
designated by the City Manager or any authorized representative.
(1) The City Manager or the duly authorized City representative
shall designate locations at City facilities for the placement of
movable fixtures.
(2) The City shall prepare a map for each City facility illustrating
the designated locations for the placement of movable fixtures.
The location maps shall be available for inspection at the office of
the City Clerk.
(3) Movable fixtures which are placed at City Facilities are
subject to the same abandonment and enforcement provisions
included in Sections 6.3.36F H_H_3 and (G I_3 Improperly placed
movable fixtures shall be considered abandoned movable fixtures.
(c) The area within the medians of a divided roadway.
(10) Fixture Placement: Movable fixtures shall not be placed on any
roadway, bike path or swale area in front of. to the rear of, or to the side of a
single family residence within the City.
614 G/ Insurance:
Every. publisher or distributor who places or maintains a newsrack on a public
right-of-way shall provide to the Code Enforcement Administrator a current certificate
of insurance on October 1st of each year. Reasonable evidence of equivalent self-
insurance coverage may be substituted by the applicant for the above certificate of
insurance, subject to the approval of the City's Risk Manager. Insurance under this
section shall run continuously with the presence of the applicant's newsrack(s) in the
City's right-of-way, and any termination or lapse of such insurance shall be a violation
of this Section. subject to the appropriate remedy by the Code Enforcement Division
under Chapter 37 of the City's Code of Ordinances and the Enforcement provisions of
this Chapter.
CF H) Abandonment:
(1) In the event a newsrack remains empty for a period of 30 continuous days,
it shall be deemed abandoned, and may be treated in the same manner as provided in
6.3.3. (13 I_)below for movable fixtures in violation of the provisions of this subchapter.
9
(2) If the controlling entity is not identified on the moveable fixture, it will be
considered abandoned and posted as such.
{-G- I) Enforcement:
(1) Correction of Violation: Upon determination by a Code Enforcement
Officer that a movable fixture has been installed, used, or maintained in violation of
Section 6.3.3, and order to correct the violation shall be issued to the controlling entity.
(2) The order to correct the violation shall specifically describe the violation
and may suggest actions necessary to correct the condition or violation. Such order
shall be mailed by certified mail return receipt requested to the controlling entity.
(3) Failure to properly correct the violation within 15 days of the receipt of
the order, shall result in the offending movable fixture being removed by the City. Any
movable fixture removed by the city hereunder shall be stored at the controlling entity's
expense for a period of 30 days. The movable fixture shall be released upon a proper
showing of ownership and payment of any and all storage charges. In the event the
movable fixture is not claimed within the 30 day period, the movable fixture may be sold
at public auction and the proceeds applied first to removal, administrative and storage
charges, and the remainder, if any, then paid into the General Fund of the City.
(4) If the movable fixture is posted as abandoned and not removed within 7
days from the date of posting, or the City is not contacted by the controlling entity. ~vithin
7 days from receipt of the order, the City may remove the movable fixture immediately.
The City shall store the movable fixture for 30 days and if not claimed within that time.
the entity may dispose of the movable fixture in any manner it deems appropriate. If the
movable fixture is claimed, the entity claiming the movable fixture shall pay for all
removal, administrative and storage charges prior to release of the fixture. If the charges
are not paid within 15 days of claim being made, the City may dispose of the movable
fixture.
(5) At least ten days prior to the public auction, the City Clerk shall publish
a description of the movable fixture, the location from where it was removed, and notice
of the auction in a newspaper of general circulation in the city and shall provide the
controlling entity identified on the movable fixture, or if otherwise known, with written
notification of the auction by certified mail, return receipt requested. Provided, however,
that the City Manager, or his designee, may dispose of the movable fixture in any manner
it sees fit, including negotiating the release of the movable fixture to the controlling entity
for less than full payment of all storage charges if the City Manager or his designee is of
the opinion that such disposal will be more advantageous to the City than auctioning off
the movable fixture.
10
(6) In the event the controlling entity appeals the order to correct the
offending condition, as provided for in Subsection 6.3.3 (G..~), below, then removal of the
movable fixture shall be stayed pending final disposition of the appeal, which final
disposition shall include any judicial review. The city shall reimburse the controlling
entity any storage charges paid pursuant to an order issued by the city in the event the
decision on the appeal is rendered favorable to the controlling entity.
04 J) Appeals: Any person or controlling entity aggrieved by any order, finding, or
determination, taken under the provisions of this ordinance, (hereinafter an appellant) may file an
appeal with the Code Enforcement Board for the City of Delray Beach. The appellant must
effect their appeal within 15 days after receipt of the order mailed to the appellant pursuant to
this ordinance. In order to effect the appeal, the appellant must deliver their letter of appeal,
briefly stating the basis of their appeal, to the Clerk of the Code Enforcement Board. The Code
Enforcement Board shall hold a heating on the appeal no later than 30 days following the receipt
of the letter of appeal, unless the parties mutually agree to an extension thereof. The appellant
shall be given at least 7 days written notice of the time and place of the heating. The Board shall
give the appellant and any other interested party a reasonable opportunity to be heard in order to
show' cause why the fixture is not violating this ordinance. At the conclusion of the heating the
Board shall make a final and conclusive determination. The determination shall be reduced to
writing and signed by the Board and filed in the Office of the City Clerk within 15 days of the
heating and a copy shall be sent to the appellant. The decision of the Board shall be effective
when rendered. The decision of the Board may be appealed as provided for by law.
~. 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 that the part declared to be invalid.
~. That all ordinances or parts of ordinances which conflict herewith be and
the same is hereby repealed.
~. That this ordinance shall become effective one hundred eighty (180) days
after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
...... day of , 1996.
MAYOR
ATTEST:
First Reading.
City Clerk Second Reading.
newsrac2.ord
11
==m-?'-c~6'BED iO:4S A!,{ MHFC W?B BUREAU FAX NO. 4078483319 P. 2
Popular SHO-RACK®
80 Series
SHO-RACK's most por~uJar newsp,,per rack! Thi~ h~avy-
duty newspaper rack is practical, durable ancl ~fers
customer convenience with years of trouble-free, raliable
service. U~ee the dependable TK-MECH "TotaJlzer",
?K-ELECTRONIC MECH and K-MECH Coin Math=hiatus.
'-'~"=' ~I1~,' j[kl~iDll ¢~10Lu.' "":'. i S~lnless Steel hardware, elevatgr shelf and careen! base
trey, 5 f(3ot Security Cable or Chain am standard.
_ -- ~ ~) I~.~ ~,
TK-Electronic® 80 with
optlonaJ Slik Screen
TK-80 Style with optional
8ilk Seraen Impressions,
SI3ecial Padlock Guard.
From Door Lock and
2-plec® Housing.
02/21/96 ~¥ED 09:58 [T~i/RX NO 6485]
FEB-21-95 WED 10~44 AM MHPC WPB BUREAU FAX NO. 4078483319 P. 3 Hl~
80 Honor with optional
Silk Screen Impressions.
Hing~ 12.Gauge Armored Housing .................. S ..... S
.080 Vsnd~ Guard O~r Plaetic ..................... S .....
11· ~ 17' ~Lip Cat, holder ......................... S .....
Cement Base Troy, 5' Secur~ C~ble or S' Chiln ...... S .....
Chain Holes tn Back ............................... S .....
S[ainlemm Steel H~r~ware ........................... S .....
Front D~r Lo~k .................................. O ....
Impressions (Slik ~creen Copy) ...................... O .... O
R~ove~ ~nd~ (2~· x g') ....................... O
Tw~Plece S~per HIaW-Du~ Armored Housln~ ........ O .... O
Triple Quick Change Key~ Looko~
Day Pricing ..................................... O... NA
P~ ~d Slug ReJ~or ............................ O ...
Guard D~ Plastic, Pl~tio Paper Holder, No
C~ehelder) ...................................... O ....
,og3 vandal Gu~d Door Plastic ..................... O .... O
Sheet Me~I Inae~ ................................. O .... O
Side WinOows (10~' x la~-) ....................... 0 .... 0
Le~llng Brackets ~d ~rews ....................... O .... O
~m~ed L~k BoR (Key ~ra) ...................... O ....
Honor Rack (c~dholder at~atd), Pole Mount or K-~
Striae Av~l~le ................................. O .... O
F~ Display Window .............................. O ....
~De~otes Standard Features ~Deflmes Op~oeal Features
~-80 ~le with optional aa ~. S~B~I~s Shaping Weight
Height ................ 4B~' ~ Tru~kl~ .... ~01~ lbs.
Silk Screen Impr~lons, Width ................. 1DY,' le~ than t~ckloid l~S~ lbs.
Front Door ~k a~d Fro~ to Back .......... ~eV,' TK-~ (w/Elevator ~hel0
Canadian S~le ~dlock C~r. P~er C~aclty ~ucklo~d ......... IO~ lbs.
w/Ele~t~ Ihelf ,.. 2g* Stack le~ than truckload
W/R~ular shelf ... 26~ Stack K-BO (wl~mored housing)
~ and K-80 Series le~ tha~ truckload . g3~ lbs.
Sides ..... 15' wide x 30' high K~O (wlArmore~ ~ousi~g
Beck ..... 18' wide x ~' high etgva[~ shef0
Below full length d~r truckload .......... ga~ lbs.
I~* wide x 4' high less then truckload · 99~ lbs.
Below recove~ window
15' wide x 14" high
Front ..... 14' wide [ 10'
02/21/96 WED 09:58 [TX/RX NO 6485]
FEB-21-95 WED 10'48 AM MHPC WPB BUREAU FAX NO. 4078483319 P. 8
Qui~k Chug. Key~ P.JlylSundBy Locko~ ..... 8 ........... 0
Front Acc.~ P~el .......................... S ...........
~nc Cdp Maleri~ ........................... S ........... S
~umalde ,DB0 V~dzl Guard D~r PIll= ............... S ...........
~h o~on~ Pl~lc Paper Holcler ......................... S ...........
8i[k ~reen ~liflder L~k on Front p~el .................. S ........... S
[mpr~e~n~ Tub.lot Relnfor~ Door ...................... 8 ........... S
81an~d Hydr~lle D~r ~llnder WlHMper Spring ....... S ...........
Mju~le ~alnies8 Stol H~e ..................... S ........... $
~e~ ~d Front Door ~k ............................ O ........... O
~ D~r Impreulon. (Silk ~r~n Copy) ................ 0 ........... 0
L~. Triple Quick Change Keyed Lockout
Oal~/Sundayl~ird Day Prising .............. O .......... NA
~ ~d 8lug ReJe=tDr ...................... O .......... NA
CURB SIDE® ,~3 V. nd~ Gu~d Door Pl~lc ............... O ........... O
m Cement Be~e Weight ........................ O ........... O
U~ght 8tadon~ Pedest~ ................... 6 ...........
CURB-SIDE places your Sl~ted Stetlon~ P~ee~al ................... O ........... O
n~apa~r rack within e~y Slated AdJ~tlble Pede8t~ .................. O ........... O
reach for motorl~. H~mull~ Upright A~Jum~le P~htel ................... O ........... O
door ~Jinder holds door open S~enote. S[~d~d Feature. ~Denolea OpfionN Features
~r customer, then closes
au~mati~ly~ ~d. 8pM~n~ &hipping Weight ~ K
Height ................ 17~' Rack On~ ........ 54~ lbo, ~ lbs.
Wlgtatlon~y P~eeIal.., ~,/,' WlS~tlon~ P~BaI~I
WlAdjust~ls Ped~s~ Updght ......... 100~ Ih,
~we ae~n~ at 1~ Sl~t~ ........ 103 rb.. 02~ lbs.
-". i~e~N=) ...... 41~· .47~' WIAdju~le
Width -- Racx ......... 24~' P.d~=ml ....... 110 I~, 99~a Ibi.
PodemNo ............ 23~'
Front to Back I~mlMon Area
Rac~ ............... 17~' Slde8 ............. 14' wl~e ·
Pedestal ............. 20~' Bsck ........... 15~· wide x
P~r C~l~ ..... 17' 8tack
~or Cl~ing ~me. 10
~O.l~¢K ,I00 #dis FIItUP~I 11(~00 K.E
Qu~ck Change Keyecl DaJly/Sunctay Lockout ............. S ...... C)
Zinc Grip Malarial ................................... S ......
,080 Vandal Guard Door Pllstic ....................... S ...... $
11" x 17' 4. Lip Carclhclder ........................... S ...... $
Armored Attachment for Ragu[az Lock .................. $ ...... S
Plastic Paper Holder ................................. 8 ......
~ &'"; :~: Leveling Brackets =[nd Screw~ ........................ 8 ......
· Cylinder Lock Mech Door ............................. S ......
B e~ I [] Re~cvery Wind~w (1 '/~' x 5~',~') ....................... S ......
--'. Racing Stripe ....................................... S ......
-a Front D~or Lnck .................................... 8 ...... O
SHe RACK® Stalnle., Steel H-rdw.r. ............................. S ...... $
"" Impressions (8Ilk Screen) ............................ 0 ...... 0
Triple Quick Change Keyed Lockout
5OO Series o., ..................... o .....
N,~
Pelo and Slug Rejector .............................. O ..... NA
With a pleuing curved eleaign Armored Att~chmen! for Gu Meter Lock ............... 0 ...... 0
and a full width handle on the .ego Vandal Guard Door Plastic ....................... O ...... O
paper compartment, The SO0 Sheet Met./ Insert .................................. O ..... ,
Tabloid TubuJar Door ................................ O ...... O
Series crrfer~ you a choice of TK Vinyl W~dgraln .................................... O ......
· ..~ .... or K Mechanisms. Paper com- S-Denotes b~aJ~darcl Features O.Oeno(ea Optional Features
:. partment e~tencls Into the bus
· of the newspaper rack, soo ~erlel ~l~effleatlen. Shi~i~e W~ight Ti K
· . Height ............... 48¥~,' 500 ................ 94 lbo. 88 lbs,
, :!' ...' :i:iTK-500 wl,h optional Front to Back .......... 16¥4' ~ (w/.I.valor ~hel, &
· . :.'::."' ":, .,.~ Decal AppllcatJon. Paper Cap.try ..... 25' alltek tabloid deer) ......... 103 lbo.
With ttd~e Without Iblpe
~ Above siam 13' wide x 19' tall Above .ea~ 15' wide x 19"
Below s~am 13~ w~de x 10' tell Below seam 15~ wide x
Full Length Sidas ............. Copy ca~ be 37" tall
Front of R~ck ................... '/~' w~ · 6'
~cl< of Rack .................. 13' wide ~ 3~'
02/21/96 WED 09:58 [TX/RX NO 6485]
ENGINEERING COMPANY, INC.
J.860~. KJ-960TM "SUPER MATE~''
KJ'860TM KJ.960TM
' ~u~FJS) MAY BE SHOWN WITH ACCESSORY EQUIPMENT.
,.. ENGINEERING COMPANY, INC.
;PECIALTY & FREE DiSTRIBUIION Ni:::WSRACKS
KJ-840~ KJ-950D~
OVER&UNDER DOUBLE-WIDE
i PAGE CAPACITY / PAGE CAPACITY
29' INCHES 63' INCHES
KJ-100MF~
FREE DISTRIBUTION
UP TO 26' INCHESI
--'~,"'-'~- _ ","~ FREE DISTRIBUTION
""~ EXTENDED
EXTRA LARGE
..., CAPACITY
KJ-400E~,, KJ-240F~
~ABOVE PICTURED VENDING MACHINE(S) MAY BE SHOWN WITH ACCESSORY EQUIPMENT.
Writer's Direct Line: (407) 243-7090
D[LRa, Y BEACH
Ali. America City
DATE: March 1, 1996
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: Proposed Newsrack Ordinance
As additional backup to the proposed newsrack ordinance I attach for your review two
ordinances. One is the City of Hollywood's "newsrack" ordinance which was adopted
on September 20, 1995. The City of Hollywood's ordinance contains some provisions
which are similar to the proposed Delray Beach ordinance.
The City of Coral Spring's proposed "newsrack" ordinance was not adopted by the
Coral Springs City Commission. The Coral Springs City Commission elected to have
two workshops in February regarding the ordinance. At this time I am uncertain as to
the outcome of these workshop meetings. Hopefully by Tuesday night I will be able to
give you some further information.
Please call if you have any questions.
DNT/jlk
Attachment
cc: David Harden, City Manager
new01 .tint
ORDINANCE NO. 95-065
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF CORAL SPRIN~S, FLORIDA DELETING IN ITS
ENTIRETY, SECTION 16-14 OF THE CODE OF
ORDINANCES OF THE CITY OF CORAL SPRINGS,
FLORIDA ENTITLED NEWSRACK REGULATIONS;
CREATING CHAPTER 15 OF THE CODE OF ORDINANCES
OF THE CITY OF CORAL SPRINGS, FLORIDA ENTITLED
NEWSRACKS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, substantial growth in numbers of newspaper operators
and Newsracks in the City has produced a significant increase in
the number of Newsracks installed in public rights-of-way; and
WHEREAS, the uncontrolled placement of Newsracks in public
rights-of-way presents an inconvenience and danger to the safety
and welfare of persons using such rights-of-way, including
pedestrians, persons entering and leaving vehicles and buildings,
and persons performing essential utility, traffic control and
emergency services; and
WHEREAS, the installation and placement of Newsracks in public
rights-of-way has resulted in concerns by the public and City
officials with regard to the safety, convenience and aesthetics
thereof; and
WHEREAS, the City Commission finds that there is a need to
regulate and establish procedures regarding installation,
placement, maintenance and insuring of Newsracks within the City;
and
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0.95-065
WHEREAS, the city Commission finds that such regulations and
procedures governing Newsracks will serve to promote the health,
safety, aesthetics and welfare of the citizens of Coral Springs;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CORAL SPRINGS, FLORIDA:
Section 1: Chapter 15, "NEWSRACKS," is hereby created in the
City of Coral Springs Code of Ordinances, as follows:
Sec. 15-1. Purpose and Scope..
The purpose of the following is to promote the public health,
safety and welfare throuqh the regulation of placement, type,
appearance, servicinq, and insuring of newsracks on public rights-
of-way so as to:
(1) Provide for pedestrian and driving safety and
convenience.
(2) Restrict unreasonable interference with the flow of
pedestrian or vehicular traffic including ingress into or
egress from any residence or place of business, or from
the street to the sidewalk by persons exiting or enterinq
parked or standing vehicles.
(3) Provide for public and property safety during hurricane
conditions.
Provide reasonable access for the use and maintenance of
poles, posts, traffic signs or signals, hydrants,
mailboxes and access to locations used for public
transportation purposes.
(5) Relocate and/or replace newsracks which result in a
visual blight and/or excessive space allocation on the
public rights-of-way or which unreasonably detract from
the aesthetics of store window displays, adjacent
landscaping and other improvements, as well as to have
abandoned newsracks removed.
(6) Maintain and protect the values of surrounding properties
and prevent damage to grass right-of-way areas.
Page 2 of 13
0.95-065
(7) Reduce unnecessary exposure of the public to personal
injury or property damaqe.
(8) Treat all newspapers equally regardless of their size,
content, circulation, or frequency of publication.
(9) Maintain and preserve freedom of the press.
(10) Cooperate to the maximum with newspaper distributors.
Sec. 15-2. Definitions.
For the purpose of this section, the words below shall have
the folloWinq meaninqs:
(1) Newsracks shall mean any type of unmanned device for the
vendinq or free distribution of newspapers or news
periodicals.
(2) Equivalent newsrack means any newsrack which is of the
same size, dimensions and style of the specified
newsrack.
(3) If demand warrants or warranted demand means that the
measured newspaper stack height needed to meet the
newspaper publisher's or distributor's peak annual
distribution at the requested newsrack location, as
proven by the newspaper publisher or distributor, exceeds
fourteen (14) inches.
Pathway shall mean any surface provided for the use of
pedestrians and bicycle riders.
(5) Parkway shall mean any area within a riqht-of-way which
is not a pathway or roadway.
(6) Public property shall mean parks, squares and any and all
other real property owned by the city.
(7) Recovery area shall mean that space as determined by
Department of Transportation specifications which is
measured from the edge of the roadway outward and which
is required to be clear of fixed objects.
(8) Riqht-of-way shall mean all that area which is dedicated
to use by the public for pedestrian and vehicular travel,
and includes, but is not limited to roadways, parkways
and pathways.
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0.95-065
(9) Roadway shall mean that portion of a street improved,
designed or ordinarily used for vehicular travel,
including a median.
(10).. Visibility triangle shall mean all that area required to
provide clear visibility at the intersections of public
and private streets and which is more particularly
described in the City of Coral Springs Traffic
Engineering Standards, prepared by Kimley-Horn and
Associates, Inc.
Sec. 15-3. Certificate of compliance reguired.
No person shall place, affix, erect, construct or maintain a
newsrack without first obtaining a one-time only certificate of
compliance for each newsrack in accordance with the provisions of
this section.
Sec. 15-4. General placement of newsracks.
(1) Notification to City. The publisher or distributor of
any newspaper or written periodical distributed from any newsrack
location within a city right-of-way shall notify the City Manager
or his/her designee, in writing, of the location or change of
location of any such newsrack prior to its placement or relocation.
Such notice shall include: the name, address and telephone number
where the person responsible for the newsrack may be reached and
the location, specifying the street address or closest streets and
a description of the placement of the newsrack.
Sec. 15-5. Installation and maintenance.
fl) Newsracks shall be single pedestal TK-80PM or K-80PM
SHORACK with special pedestal mount and fourteen (14}
inch square base plate (mandated) or TK-80 or K-80
SHORACK with special pedestal and fourteen (14) inch
square base plate tallowed only if demand warrants at the
installation location) or equivalent. Manufactured
modifications to the door, window, and cabinetry for the
above described newsracks to accommodate vertically-
formatted, "tabloid type" newspaper display and
distribution are acceptable.
(2) Newsracks shall have qloss brown pedestals, gloss beige
sides and door and gloss brown coin box. The height of
the cabinet top of all newsracks shall be thirty-nine
(39) inches above the finished grade level.
(3) Newsracks shall carry no card holders or advertising
except the name of the newspaper being dispensed centered
Page 4 of 13
0.95-065
fifteen (15) inches from the top of the cabinet, with
duplicate letterinq on the .front, sides and back of the
~abinet, such letterinq not exceedinq one and three-
quarters (1~) inches in heiqht. The above fifteen (15)
inch dimension may be adjusted on the door by the
manufacturer to accommodate modifications for vertically-
formatted, "tabloid-type" newsracks.
(4) Newsracks for free newspaDers, may omit the coin box and
may have the pull bar welded to the door to produce an
"Honor Rack."
(5) Newsracks shall be maintained in qood workinq order at
all times, freshly painted and with unbroken hoods.
(6) The name, address, and telephone number of a resDonsible
person who may be contacted at any time concerning the
newsrack shall be displayed on the hood of the newsrack
in such a manner as to be readily visible and readable to
a prospective customer thereof.
(7) Mounts shall be bolted in place throuqh four (4) standard
holes in the base in accordance with the followinq
standards:
a. Foundation four (4) inch minimum thick concrete,
2500 psi (28 day strenqth), Class I.
b. Two (2) inch minimum concrete edge distance for
bolts.
c. One-half (%) inch chamfer all concrete edqes.
Three-eiqhts (~) inch diameter hot-dipped
qalvanized hex bolt mounts, three (3) inch minimum
imbedment, threads down, through four (4) corners
of the pedestal base.
(8) Newsrack cabinet tops shall be installed and checked for
level; a water-soluble, paintable, ten (10) year caulk of
gloss brown color, matching the base plate, shall be
applied and wiped to seal around the base plate and the
mounting surface.
Newsracks may be placed directly next to one another;
however, no more than three (3) newsracks may.be placed
together, and a space of no less than eiqhteen (18)..
inches shall separate each qrouping of three (3)
newsracks.
Page 5 of 13
0.95-065
.(10) Each newsrack shall be constructed, installed and
maintained in a safe and secure condition, and shall be
sufficiently weiqhted to avoid being vandalized or
becoming a hazard in severe weather.
(11) The location and installation of all newsracks in the
city shall comply with all local and state regulations,
including handicapped accessibility regulations.
Sec. 15-6. Specific prohibitions.
(1) No newsrack shall be placed or located on a roadway.
(2) No newsrack shall be permitted to rest upon, in or over
any pathway, except when there is no available parkway
area in the immediate vicinity of the proposed location.
However, under no circumstances shall a newsrack be
allowed at any location whereby the clear space for the
passaqeway of pedestrians or bicycle riders is reduced to
less than six (6) feet.
No newsrack shall be placed at any site or location when
the installing, use or maintenance:
a. Endangers the safety of persons or property; or
b. Unreasonably interferes with or impedes the flow of
pedestrians or vehicular traffic, including any
legally parked or stopped vehicle; or
c. Unreasonably interferes with the ingress or egress
from any residence or place of business; or
d. Unreasonably interferes with the use of traffic
signs or signals, hydrants or mailboxes permitted
at or near said location.
(4) Newsracks shall carry no card holders or advertisinq
except the name of the newspaper being dispensed on the
bottom of the door of the TK-$0 PM, or the middle four
(4) inches of the bottom front panel of the TK-$0.
(5) No newsrack shall be bolted or otherwise attached to any
property or to any permanently fixed object not owned by
the distributor of the newsrack, unless the prior consent
of the owner of such property or object is obtained in
writing.
No newsrack shall be placed, installed, used or
maintained:
Page 6 of 13
0.95-065
a. Within five (5) feet of any marked crosswalk.
~.. Within ten (10) feet of any unmarked crosswalk.
c. Within ten (10) feet of any fire hydrant, fire
callbox, police callbox or other emergency
facility.
d. Within five (5) feet of any driveway.
e. Within three (3) feet of any display window of any
building abutting the sidewalk or ~wale or in such
manner as to impede or interfere with the
reasonable use of such window for display purposes,
or within five (5) feet of a building entrance.
Within twenty (20) feet of any police station
driveway, fire station driveway, ambulance station
driveway, entrance to hospital emergency room or
other emerqency facility.
Within two (2) feet of any bus bench, or plaza
bench.
h. On or within two (2) feet of siqns, parking meters,
street lights or utility poles.
i. At any location where the newsrack causes, creates
or constitutes a traffic hazard.
~. Within a visibility triangle.
k. At any location which would obscure traffic control
signs from the visibility of motorists.
Sec. 15-7. Application and issuance of certificate of compliance.
(1) Issuinq authority. The issuing authority and coordinator
shall be the Fire Chief or his/her designee. The Fire
Chief or his/her., desiqnee is responsible for fairly
coordinatinq and administering the physical placement of
newsracks of the type and location herein specified, and
upon compliance herewith is responsible for issuing the
certificates of compliance.
(2) Approving authorities. The approving authorities shall
be the Fire Chief and the Director of Public Works.
Page 7 of 13
0.95-065
(3) Applications. The applicant shall file with the Fire
Chief a written application for an installation
certificate of compliance which shall contain the
following information:
The name, address and telephone number of the
applicant, who is the owner and/or principal
responsible for the newsrack(s).
b__= The name, address and telephone number of a
responsible person whom the City may notify or
contact at any time concerning the applicant's
newsrack(s).
c_= The number of newsracks and the proposed location
of each shown on a drawinq provided by Public Works
as in subsection (4) below.
d_~. Names of newspapers or periodicals to be contained
in each newsrack.
e__= Type or brand of newsracks, includinq an
illustration and description of the newsrack and
mount if other than a single pedestal TK-80PM or K-
80PM SHORACK with special pedestal mount and
fourteen (14) inch square base plate (mandated) or
TK-80 or K-80 SHORACK with special pedestal mount
and fourteen (14) inch square base plate (allowed
only if demand warrants at the installation
location), or a newsrack manufactured with
modifications to the door, window and cabinetry of
the above-described newsracks to accommodate
vertically-formatted ("Tabloid-type") newspaper
display and distribution, as per section 15-5
(installation and maintenance).
(4) Procedure. The Public'Works Department shall:
~. Develop a map which is to a larqe enouqh scale to
show qeneral city-wide 1Qcations of newsracks by
each publisher or distributor.
b. Request a list of proposed newsrack locations,
marked on the above map, from each distributor.
c. Obtain confirmation approvals of the above approved
newsrack drawinqs from each distributor.
Page 8 of 13
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(5) Issuance of certificate of compliance. Upon a finding by
the Public Works Director that the. aDDlicant is in
compliance with the provisions of this section and having
received the required approvals from the Fire Department,
the Fire Chief shall cause to be issued a certificate of
compliance for installation by the newspaper publishing
company. Such issuance shall be made within five (5)
working days of the City's receiDt of the completed
application.
(6) Denial of certificate of compliance. If a certificate of
compliance for a some newsrack location(s) applied for is
be denied, the applicant shall be notified in writing of
the reasons for denial. The.apDlicant shall be advised
of the specific cause of such denial by the Fire Chief,
who will suggest alternative locations therefor. The
applicant may reapply for substitute alternative
location(s) at no additional certificate of compliance
fee.
Additional newsrack certificate(s; of compliance. If at
any time after initial application for an installation
certificate of compliance a publisher wishes to install
additional newsracks, then subsections (3) and (4) above
are to be reDeated in accordance with the provisions of
this section. Under section 15-8 (insurance), any
additional returnable bond deDosit required will credit
any amount still on account. Additional certificate of
compliance fees shall be in accordance with section 15-9
(fees), except that the fifty dollar ($50.00) publisher's
fee is waived if previously paid.
Sec. 15-8. Insurance.
(1)... Prior to the issuance of a certificate of compliance by
the Fire Chief, the applicant shall furnish to the Fire
Chief a certificate of insurance and a one-time only
returnable bond deposit, with returnable bonding amounts
for newsrack installations being:
Total Proposed Newsracks Total Returnable Bond
1 to 4 $150.00
5 to 10 $300.00
11 to 20 $500.00
21 and MD $700.00
Page 9 of 13
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.(2) Reasonable evidence of equivalent self-insurance coveraqe
may be substituted by the applicant for the above
certificate of insurance. Insurance under this section
shall run continuously with the presence of the
applicant's newsrack in City rights-of-way, and any
termination or lapse of such insurance shall be a
violation of this section, subject to appropriate remedy
by the Code Enforcement Division under sections 176-188
of the Land Development Code.
Sec. 15-9. Fees.
There shall be a one-time only certificate of compliance fee
in the amount of fifty dollars ($50.00) for each newspaper
publisher plus ten dollars ($10.00) per newsrack. Failed
inspections are subject to a reinspection fee of twenty-five
dollars ($25.00). All of the above fees will be used to defray
administrative expenses with relation to this section only, and any
revenues over expenses remaining after the implementation of this
section will be returned to the newspaper publishers in proportion
to their respective contributions.
Sec. 15-10. Abandonment.
(1) If any newsrack installed pursuant to this section does
not contain the publication specified therefor within a
period of forty-eiqht (48) hours after release of the
current issue, the code enforcement division may deem the
newsrack abandoned and take appropriate action under
sections 176-188 of the Land Development Code. In
addition, a newsrack shall be deemed abandoned when no
publication is in the newsrack for a period of more than
seven (7} consecutive days.
.(2} In the event a newspaper publishing company or its
distributor desires to voluntarily abandon a newsrack
location, the distributor shall notify the Director of
Public Works, completely remove the newsrack and mount,
and restore the public right-of-way to a safe condition,
leaving no holes or projections in the mounting surface.
Sec. 15-11. Emergency removal.
.(1) The City Manager, or his designee, may summarily remove
any newsrack where its installation, use or maintenance
poses an imminent or immediate danger to the public.
(2~ Following removal of the newsrack by the city, the
distributor shall be notified of same by certified mail,
return receipt requested. If the newsrack is not claimed
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0.95-065
within ninety (90) days of receipt of certified letter,
disposal shall be made pursuant to section 15-13 below.
Sec. 15-12. Appeals.
Any applicant who has been denied a certificate of compliance
pursuant to the provisions of this section may file an appeal with
the City Commission by requesting in writing to the City Manager
appearance before the Commission to review said denial. The appeal
shall be heard by the Commission within thirty (30) days of the
filing of the appeal or at the next regularly scheduled agenda,
whichever is sooner. The decision of the Commission on appeal is
subject to judicial review as provided by the laws of the State of
Florida.
Sec. 15-13. Enforcement.
(1) Within one hundred fifty (150) days of the effective date
of this Ordinance and at any time. thereafter, any
newsrack in violation of any provision of this section
shall be subject to remedy and due process under the
provisions of sections 176-188 of the Land Development
Code pertaining to the Code Enforcement Board.
(2) Upon determination by the Director of Public Works that
a newsrack has been installed, used or maintained in
violation of the provisions of this chapter, an order to
correct the offendinq conditions shall be issued to the
distributor of the newsrack. Such order shall be mailed
by certified mail, return receipt requested to the
address required by section 15-7(3) (b) above. The order
shall specifically describe the offending condition,
suggest action necessary to correct the condition and
advise of removal pursuant to subsection (3) below.
(3) Failure to promptly correct the offending condition
within ten (10) days after receipt of the order shall
result in the offending newsrack being removed by the
city. When the distributor of the offending newsrack is
not known or identified as required by this section, a
copy of the order shall be posted on the newsrack and
this shall be deemed sufficient notice.
(4) Any newsrack removed from the public right-of-way shall
be stored at the cost of the distributor. The city shall
be reimbursed by the distributor for all costs incurred
in the removal and storage of all newsracks removed from
the public rights-of-way by the city. Within ten (10)
days after the removal of any newsrack from the public
rights-of-way, the city shall send the distributor of the
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0.95-065
newsrack by certified mail, return receipt requested,
notice of removal. The city is hereby authorized to sell
the newsrack at a public sale if the newsrack is not
claimed by the distributor within a period of ninety (90)
days from the date of removal. Ten (10) days Drior to
sale, the city shall advertise notice of the sale in a
daily newspaper of qeneral circulation in the city. All
unpaid removal and storaqe costs and advertisement costs
shall be paid out of the proceeds of the sale of the
newsracks. The remaininq balance of the sale proceeds
shall become the property of the city and be transferred
to the city's qeneral fund.
(5} The penalty for any violation of sections_15-3, 15-4, 15-
5, 15-6 and 15-7 shall be a fine of not more than fifty
dollars ($50.00).
Section 2. Repeal of Conflicting Ordinances.
All prior ordinances or resolutions or parts thereof in conflict
herewith are hereby repealed to the extent of such conflict.
Section 3. Severability.
If any section, sentence, clause or phrase of this Ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this Ordinance.
Section 4. Inclusion in Code.
It is the intention of the City Commission of the City of Coral
Springs that the provisions of this Ordinance shall become and be
made a part of the City of Coral Springs Code of Ordinances; and
that the sections of this Ordinance may be renumbered or relettered
and the word "ordinance" may be changed to "section," "article," or
such other appropriate word or phrase in order to accomplish such
intentions.
Section 5. Effective Date.
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This Ordinance shall become effective thirty (30) days after
adoption by the City Commission.
PASSED FIRST READING the day of , 1995.
PUBLISHED the day of , 1995.
PASSED SECOND READING the day of , 1995.
CITY OF CORAL SPRINGS, FLORIDA
JOHN SOMMERER, Mayor ,
ATTEST:
JONDA K. JOSEPH, City Clerk
Unanimous
Motion/2nd Yes No
Mayor Sommerer
Vice Mayor Polin
Commissioner Berk
Commissioner Stradling
Commissioner Calhoun
Doc. 31180
Page 13 of 13
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AN ORDINANCE OF TEK CITY OF HOLLYWOOD,
FLORIDA, CREATING CHAPTER 120 IN THE CODE, TO
/!
BE ENTITLED "NEWSRAC~S," FOR THE PURPOSE OF
REGULATING THE INSTAI~LATION AND MAINTENANCE
OF NEWSPJkCKS ON PUBLIC RIGHTS-OF-WAY WITHIN
THE CITY /
WHEREAS, substantial growth in numbers of newspaper
operators and Newsracks in the City has produced a significant
increase in the number of Newsracks installed in public rights-cf-
way; and
Wq-iEREAS, the uncontrolled placement of Newsracks in
public rights-of-way presents an inconvenience and danger to the
safety and welfare of persons using such rights-of-way, including
pedestrians, persons entering and leaving vehicles and buildings,
and persons performing essential utility, traffic control and
emergency services; and
WHEREAS, the installation and placement of Newsracks in
public rights-of-way has resulted in concerns by the public and
City officials with regard to the safety, convenience and
aesthetics thereof; and -
WHEREAS, the City Commission finds that there is a need
to regulate and establish procedures regarding installation,
- 1
placement, maintenance and insuring of Newsracks within the City;
and
WHEREAS, the City Commission finds that such
regulations and procedures governing Newsracks will serve to
promote the health, safety, aesthetics and welfare of the citizens
of Hollywood;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CONSMiSSION
OF THE CITY OF HOLLYWOOD, FLORIDA:
c ~~: Chapter 120, "NEWSRACKS," is hereby created
in the City of Hollywood Code of Ordinances, as follows:
CHAPTER 120: NEWSRACKS
§ 120.01 PURPOSE AND CRITERIA.
The purpose of this ordinance is to promote the public
health, safety and welfare through the regulation of placement,
type, appearance, servicing and insuring of Newsracks on public
rights-of-way so as to:
(A) provide for pedestrian and driving safety and
convenience; ~
(B) provide for the safety of the public and property
during severe windsto~m conditions;
2
(C) provide reasonable access for the use and maintenance
of poles, posts, traffic signs or signals, hydrants,
mailboxes and access to locations used for public
transportation purposes;
(D) restrict unreasonable interference with the flow of
pedestrian or vehicular traffic including ingress into or
e~ress from any residence or place of business, or from the
Street to the Sidewalk by persons exi%ing or entering parked
or standing vehicles;
(E) relocate and/or replace Newsracks which result in
drivers sight line obstruction, a visual blight and/or
excessive space allocation on the public rights-of-way, or
which unreasonably detract from the aesthetics of store
window displays, adjacent landscaping and other improvements,
as well as to have Abandoned Newsracks removed;
(F) reduce unnecessary exposure of the public to personal
injury or property damage;
(G) maintain and protect the values of surrounding
properties;
(H) treat all newspapers equally regardless of their size~
content, circulation, or frequency of publication;
(I) cooperate to the maximum with newspaper distributors.
3
§ 120.02 DEFINITIONS.
As used in this ordinance, the following terms shall have the
following meanings, unless the context clearly indicates that a
different meaning is intended:
CITY the City of Hollywood, a Florida municipal
corporation, as geographically described in the City Charter.
NEWSRACKS - any type cf unmanned device including any se!f-
service or coin-operated box, container, storage unit or
other dispenser installed, used, or maintained for the
display and sale of newspapers or other written periodicals,
or for the vending or free dissribution of newspapers cr
written periodicals.
PUBLIC RIGHTS-OF-WAY - any public Street, highway, Sidewalk,
Swale cr alley.
ROADWAY - that portion of a Street improved, designed or
ordinarily used for vehicular travel.
SIDEWALK - any surface provided primarily for the use of
pedestrians, on any public rights-of-way under the
jurisdiction of the City.
STREET - all that area~ dedicated to public use for public
transportation purposes and shall include, but not be limited
to, Roadways, pathways, alleys and Sidewalks.
4
SWALE - that area between the Sidewalks and the curb of any
Roadway, and, where there is no Sidewalk, that area between
the edge of the Roadway and property line adjacent thereto.
Swale shall include any area within a Street that is not open
to vehicular travel.
§ 120.03 REQUIREMENTS, DUTIES, PROHIBITIONS, AND STANDARDS.
(A) Notification to City. The publisher or distributor cf
any newspaper or written periodical distributed from any
Newsrack located within a City right-of-way shall notify the
City Manager or his/her designee, in writing, of the location
cr change of location of any such Newsrack within seven (7)
days of its placement or relocation. Such notice shall
include: the name, address and telephone number where the
person responsible for the Newsrack may be reached and the
location, specifying the Street address or closest Streets
and a description of the placement, of the Newsrack.
(B) General placement of Newsracks. Subject to the
prohibitions set forth in Section 120.03(D) below, in areas
where Sidewalks abut t-he curb, Newsracks shall be placed
parallel to and no less than eighteen inches (18") nor more
than twenty-four inches (24") from the edge of the %raveled
5
Roadway or paved parking lane. If the City determines that
such placement is not suitable, the Newsrack may be placed
on the part of the Sidewalk furthest from the Roadway.
Newsracks so placed must be parallel to and not more than six
inches (6") from the wall of the building or back of
Sidewalk. In areas where there is a grassed Swale, Newsracks
shall be placed on the Swale six inches (6") from the front
of the Sidewalk. If such Swale is less than five feet (5')
in width, the Newsrack may be placed on the edge of the
Sidewalk furthest from the Street, if the conditions of
section 120.03(D) can be met.
(C) Installation and Maintenance. Newsracks shall be
placed and maintained in accordance with the following
criteria:
(1) Newsracks shall be of a freestanding rectangular
type both vertically and horizontally with external
dimensions of not more than thirty-six inches (36") in
height, twenty-one inches (21") in width and twenty-one
inches (21") in depth. A coin box may be affixed to
the top of the rack that has external dimensions that
do not exceed thirteen inches (13") in height, nine
inches (9") in width, and nine inches (9") in depth.
6
Alternatively, the Newsrack may be of a pedestal type
that has external dimensions that do not exceed twenty
inches (20") in height, twenty-four inches in width and
twenty-one inches (21") in depth on a pedestal of not
more than twenty-eight inches (28") in height.
Pedestal mounted Newsracks shall be designed to comply
with Section 4.4 of the Americans With Disabilities Act
Accessibility Guidelines for Buildings and Facilities.
Newsracks will be of substantial construction designed
to withstand the stresses associated with the sale and
dispensing of the media using the Newsrack and the
environmental exposures experienced in South Florida.
(2) Newsracks shall carry no advertising, except:
(a) the name of the publication being distributed;
and
(b) cardhotders kept in neat and untorn condition
describing the publication being distributed.
(3) Each Newsrack shall be maintained in a neat, clean
condition and in good repair at all times.
Specifically, but 'without limiting the generality of
the foregoing, each Newsrack shall be serviced and
maintained so that :
7
(a) It is reasonably free of graffiti;
(b) It is reasonably free of dirt and grease;
(c) It is reasonably free of chipped, faded,
peeling and cracked paint in the visible painted
areas thereof;
(d) It is reasonably free of rust and corrosion in
the visible metal areas thereon;
(e) The clear plastic or glass parts thereon, if
any, through which the publications are viewed are
unbroken and reasonably free of cracks, dents,
blemishes and discolorations;
(f) The paper or cardboard parts or inserts
thereof are reasonably free of tears, peeling or
fading; and
(g) The structural parts are not broken or unduly
misshapen.
(h) The surrounding area upon which the Newsrack
is placed will also be maintained in a neat and
orderly condition
(4) Name, address and telephone number of a
responsible person who may be contacted at any time
concerning the Newsrack shall be displayed on the hood
8
of the Newsrack in such a manner as to be readily
visible and readable to a prospective customer.
(D) Prohibitions. There shall be established general and
specific prohibitions which include the following:
(1) General - The general prohibitions common to all
business as set forth in City's Code of Ordinances
shall be applicable.
(2) Specific - No Newsrack shall be placed, installed,
used or maintained:
(a) Within ten feet (!0') of any marked
crosswalk.
(b) Within ten feet (10') of the point of
curvature for the edge of pavement for any
intersecting Street or entranceway where the
Sidewalk is discontinued for the entranceway.
(c) Within ten feet (10') of any fire hydrant,
fire call box, police call box or other emergency
facility.
(d) Within five feet (5') of any driveway.
(e) Within five feet (5') ahead of, and fifteen
feet (15') of the rear of, any sign marking a
9
designated bus stop, measured along the edge of
pavement.
(f) Within two feet (2') of any bus bench, or
plaza bench.
(g) At any location that does not provide a clear
width of continuous passage of at least thirty-six
inches (36") in accordance with the Americans Wish
Disabilities Act.
(h) In residential areas, where a vertical
surface cf the Newsrack is on or within twelve
inches (12") of any area, other than a Swale,
improved with lawn, hedges, flowers, or trees.
(i) In nonresidential areas, where a vertical
surface of the Newsrack is on or within six inches
(6") of any area, other than a Swale, improved
with lawn, hedges, flowers, or trees.
(j) No Newsracks will be placed in the median of
a divided Street.
(k) Within three feet (3') of any display window
of any building abutting the Sidewalk or Swale or
in such a manner as to impede or interfere with
the reasonable use Of such window for display
10
purposes, or within five feet (5') of a building
entrance.
(1) Within one hundred fifty feet (150') of
another Newsrack containing the same newspaper or
news periodical except where separated by a Street
corner. Where warranted by the quantity of
newspaper sales, the City Manager or his/her
designee may allow a double Newsrack not more than
thirty-three inches (33") wide and otherwise
complying with the requirements of section
i20.03(C) (1).
(m) On or within two feet (2') cf signs, parking
meters, Street lights or utility pcies.
In any situation where more than one standard applies, the
more restrictive standard shall govern.
Where a Newsrack is located in a residential area, if a
publisher receives a request from an owner of property within one
hundred fifty feet (!50') of the Newsrack, such Newsrack shall be
removed and relocated.
(E) Newsrack securing standards. Any Newsrack being
installed, placed, and maintained on a public right-of-way,
11
Street, or Sidewalk shall comply with the following securing
standards:
(1) The Newsrack will be installed in a safe and
secure manner so as to prevent the Newsrack from being
stolen or becoming a hazard in severe weather. This
can be accomplished by either weighting of the Newsrack
or bolting the Newsrack to an independent concrete
base. The total weight of the Newsrack and any
weighting devise shall not be less than one hundred
twenty-five (125) pounds.
(2) Newsracks shall not be chained to any tree,
traffic control device, sign, bench, bus shel%er or
pole.
(3) Regardless of the weight of the Newsrack, in the
event of the issuance of a hurricane warning by any
entity with jurisdiction to issue such a warning, the
Newsrack shall be removed or laid down with its
smallest dimension perpendicular to the ground.
12
§ 120.04 El~FORCF14~NT PROCEDURES.
(A) Nonconforming racks. Within one hundred fifty (150)
days after the effective date of this Ordinance and at any
time thereafter, any Newsrack in violation of any provision
of Chapter 120 shall be subject to the procedures, remedy
and due process under Chapter 36, City Code of Ordinances,
entitled Code Enforcement Board.
(B) Abandonment.
(1) In the event that a Newsrack remains empty for a
period of forty-five (45) continuous days, the same
shall be deemed abandoned and may be treated as being
in violation of the provisions of this ordinance.
{2) In the event a newspaper publishing company or its
distributor desires to voluntarily abandon a Newsrack
location, said distributor shall notify the City
Manager or his/her designee, completely remove the
Newsrack, and restore the public right-of-way to a safe
and sound condition.
(3) In the event a publisher or its distributor does
not voluntarily remove a Newsrack which is determined
to be abandoned based upon the above, the City shall
notify the publisher, in writing, giving seven (7) days
13
to remove the identified Newsrack. Should the
publisher or its distributor not remove the Newsrack
within the seven (7) day notice period provided, the
City shall remove the Newsrack and temporarily store
the hardware. The publisher and/or distributor shall
be responsible for paying the City its actual costs
associated with the removal and storage cf the Newsrack
prior to obtaining possession. Should the publisher or
the distributor not take possession of the Newsrack
within ninety (90) days, the City shall consider the
Newsrack surplus material and dispose of it
appropriately.
§ 120.05 INSURANCE, INDEM~IFICATIONAND HOLD HARMLESS.
(A) Insurance. Every publisher or distributor who places
or maintains a Newsrack on a public right-of-way, public
Sidewalk, Street or Swale in the City , shall furnish to the
City Manager or his/her designee, a current certificate of
insurance on October 1st of each year. Reasonable evidence
of equivalent self-insurance coverage may be substituted by
the applicant for the above certificate of insurance, subject
to the approval of the Risk Manager and City Attorney.
14
Insurance under this section shall run continuously with the
presence of the applicant's Newsrack(s) in City right-of-way,
and any termination or lapse of such insurance shall be a
violation of Chapter 120, subject to the appropriate remedy
by the Code Enforcement Division pursuant to Chapter 36.
(B) Indemnification~hold harmless. Every publisher or
·
distributor who places or maintains a Newsrack on a public
right-of-way, public Sidewalk, Street or Swale in the City,
shall execute and deliver a written agreement under which it
agrees to indemnify, hold harmless and defend the City, its
officers, agents and employees from any loss, liability, or
damage, including expenses and costs, for bodily or personal
injury, and for property damage sustained by any person as a
result of the installation, use and/or maintenance of a
Newsrack within the City This shall not be construed to
affect in any way the City's rights, privileges, and
immunities as set forth in Section 768.28, Florida Statutes.
§ 120.06 SPECIAL PROVISIONS.
In the event that ~he City provides for special
infrastructure treatments and improvements in a defined district,
place of special interest or special project area, which includes
15
specific design elements and hardware as part of the total
streetscape, sufficient number and size Newsracks will be provided
by the City or public agency to accommodate all interested
publishers and their distributors will utilize the provided
standard hardware. In any such defined district, place of special
interest or special project area, any and all independent
Newsracks shall be prohibited.
~: That it is the intention of the City
Commission and it is hereby ordained that the provisions of this
section shall be made a part of the Code of Ordinances of the City
of Hollywood, Florida, and the sections of this code may be
renumbered to accomplish such intention.
~: That if any word, phrase, clause,
subsection or section of this ordinance is for any reason held
unconstitutional or invalid, the invalidity thereof shall not
affect the validity of any remaining portions of this ordinance.
~: That all sections or parts of section of
the Code of Ordinances, all ordinances or parts of ordinances, and
all resolutions or parts of resolutions in conflict herewith be
and the same are hereby repealed to the extent of such conflict.
- 16
~: That this Ordinance shall become effective
upon its passage and adoption.
('~ PASS~ AND ADOPTED on first reading this ~ day
Q-FASSED /d~D ADOPTED on second, reading this ~ day
ATTEST~
PATRICIA A. CE~, CITY~ERK
E~0RSED AS TO FO~ ~/LEG~ITY
for the use and/reliance of the
City o~!l~od, Florida
g~I~~ C0L~ C~TY A~ZY
17
Writer's Direct Linc: (40?) 243-?O~O
DELRAY BEA(::H
Ali,America City M~MO~~
2, DATE: March 12, 1996
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne'~
SUBJECT: $~ttlement Agreement Levy_ v. City. of Delray Beach
Attached is a draft settlement agreement in the above-referenced case. The agreement
would provide for a mechanism for the Levy's to have either an automobile sales or a
car wash use on their property. The property is located east of Frederick Boulevard in
between Avenue F and Avenue G on the east side of Federal Highway.
Under the agreement, the Levys will apply for rezoning to an SAD zoning district which
would permit either vehicle sales, leasing and rental or a vehicle wash establishment.
Only one of the uses may exist at any one time. The Levys in return agree to restrict
their property on the west side of Frederick Boulevard to residential use and record such
a restriction. The City must consent to any release of the restriction.
As part of their rezoning application, the Levys will submit a final site plan, based on
the conceptual plan attached as Exhibit "A". The Site Plan Review and Appearance
Board will have to approve any waivers in conjunction with the site plan. The Levys
will have to include certain site improvements as part of their site plan.
This agreement is before you tonight for review and comment. If the Commission
views this agreement favorably, the agreement will be placed on the March 19, 1996
agenda for formal approval. Please call if you have any questions.
DNT/jlk
cc: David Halx:len, City Manager
Alison Harty, City Clerk
Diane Dominguez, Planning Director
levyplan.dnt
SETTLEMENT AGREEMENT
This Settlement Agreement (the "Agreement") is made and entered into this day of
March 1996, by and between BARBARA and STANLEY LEVY (the "LEVYS"), and the
CITY OF DELRAY BEACH (the "CITY").
RECITALS
WHEREAS, The LEVYS own real property which is now contained within the city
limits of the City of Delray Beach, which property is legally described as follows:
Lots 1 - 5, inclusive, and Lots 13 - 24, inclusive, of Block 24 Del-Raton Park and
the abandoned 10 foot alleys east of Lots 1 - 5 and east of Lot 23, in Block 24,
Del-Raton Park and Lots 11 - 19 of Block 35 Del Raton Park and that portion
of abandoned Frederick Boulevard lying east of Lots 16 - 22 of said Block 24, all
of the foregoing property is in Del Raton Park according to the Plat thereof
recorded in Plat Book 14, page 9 of the Public Records of Palm Beach County,
Florida
Lots 1 - 5 of Block 24 and the abandoned 10 foot alley east of Lots 1 - 5 of the above-
referenced property is currently zoned Planned Office Development (POD). Lots 13 - 24 of
Block 24 and the abandoned alley east of Lot 23, in Block 24 are currently zoned RM. These
portions of the LEVY property shall hereinafter be collectively referred to as the "LEVY
Commercial Property".
The property legally described as Lots 11 - 19 of Block 35 and that portion of
abandoned Frederick Boulevard lying east of Lots 16 - 22 of Block 24 are currently zoned RM
for medium-density multi-family residential purposes, and shall hereinafter be collectively
referred to as the "LEVY Residential Property", and
WHEREAS, On or about October 5, 1992, the LEVYS filed an action against the
CITY for, among other things, inverse condemnation and declaratory relief, styled Stanley M.
Levy. and Barbara C. Levy. v. City of Delray Beach, Case No. 92-10254 AN (the "action"),
which action is now pending in the Circuit Court of the Fifteenth Judicial Circuit in and for
Palm Beach County, Florida.
WHEREAS, The LEVYS and the CITY are desirous of fully and finally resolving the
litigation upon the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the aforesaid Whereas clauses (which are
hereby incorporated into and shall be deemed a part of this Agreement), the covenants and
agreements hereafter set forth, and for one dollar and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged by all parties, it is agreed by and
among the parties hereto as follows:
1. Obligations of the CITY:
A. The CITY agrees that if the CITY rezones the Levy Commercial
Property to the Special Activities District Zoning classification the use and development of
the LEVY Commercial Property shall be vested for the following "Permitted Uses"~: (i)
vehicle sales, rental and leasing, with no service component and (ii) vehicle wash establishment
and detailing. Only one of the Permitted Uses may exist on the Levy Commercial Property
at any one time. Also, the specific use and development of the LEVY Commercial Property
for vehicle sales, rental and leasing in accordance with the conceptual Site Plan attached as
~ In the SAD ordinance these uses shall be referred to as "Principal Uses" to be
consistent with the usual terminology in the City's Land Development Regulations.
2
Exhibit "A" (the "Site Plan") shall be vested for all concurrency purposes. The LEVY'S shall
submit a formal site plan application and the Site Plan for review by the Site Plan Review and
Appearance Board ("SPRAB"), at such time as they deem appropriate. SPRAB's review of the
application shall be for technical compliance only. Technical compliance includes but is not
limited to drainage, parking requirements, landscaping and setbacks.
B. Promptly upon the execution of this Agreement, the LEVYS shall file
with the CITY and the CITY shall process the petition(s) to rezone the entire LEVY
Commercial Property to SAD with the following Permitted Uses: (i) vehicle sales, rental and
leasing, with no service component and (ii) vehicle wash establishment and detailing, and to
amend the Future Land Use Map of the City's Comprehensive Plan so that the entire LEVY
Commercial Property is in a Land Use Designation of General Commercial "CC". The City
represents and warrants that there are no other Comprehensive plan amendments that are
necessary in order to make the SAD zoning for the Levy Commercial Property (including the
Permitted Uses) consistent with the Comprehensive Plan as required by law. The CITY will
process the change in Land Use Designation as a small scale amendment under Section
163.3187, F.S. The CITY agrees that it shall not elect to have the requirements of
$163.31840)- (6), F.S., be applicable to any Comprehensive Plan Amendments required under
this Agreement.
C. The CITY acknowledges that waivers will be necessary for development
of the LEVY Commercial Property in conformance with the Site Plan and the City agrees to
process the necessary waivers concurrently with the site plan application and SAD ordinance,
as applicable.
3
D. The CITY hereby agrees to expeditiously hold all hearings as may be
necessary, upon the LEVYS filing the applications for rezoning and to amend the Future Land
Use Map of the CITY's Comprehensive Plan, and will take all other procedural steps as may
be required by law to properly process said applications.
E. The CITY agrees to be responsible for its own attorney's fees and costs
for the action.
F. The CITY agrees that upon execution of this Agreement it will enter
into a stipulation to be filed of record in the action, providing that the subject action will be
stayed until one of the following occurs:
(1) The City Commission has denied either the rezoning to SAD
with the Permitted Uses as set forth in Paragraph 1.A., above, or
denied the change in the Future Land Use Map to change the
Land Use Designation of the LEVY Commercial Property to
General Commercial; or
(2) Four (4) months have elapsed from the date of the Settlement
Agreement, and the CITY has not:
(i) Adopted the rezoning to SAD for the entire
LEVY Commercial Property, with the Permitted
Uses set forth in Paragraph 1.A., above, and
(ii) Adopted the change in Future Land Use Map to
change the Land Use Designation for the entire
Levy Commercial Property to General
Commercial;
G. The CITY acknowledges and agrees that time is of the essence in the
performance of each parties' obligations hereunder.
4
2. Obligations of the LEVYS:
A. The LEVYS agree to restrict (and record the restriction) the LEVY
Residential Property in accordance with the restrictive covenants ("Restrictions") attached
hereto as Exhibit "B" and incorporated herein. These Restrictions shall be recorded if and
only if, the following have occurred: (i) if the conditions for terminating the action set forth in
paragraph 3.(1)(i)-(iii), inclusive have been met, and (ii) the City has approved ~e
approval has become final' ' lan acceptable to LEVY'S for the
development and use of the LEVY Commercial Property for vehicle sales, rental and leasing,
with no service component.
B. The LEVYS agree to pay all expenses of the application to amend the
Future Land Use Map of Comprehensive Plan and SAD rezoning as set forth in paragraph
1.B. above, including but not limited to, expenses for advertising and the providing of
notification to surrounding property owners.
C. The LEVYS agree that their Site Plan for either of the Permitted Uses
set forth in 1 A. will contain the following:
(1) The LEVYS will strategically place the main entrance and exit
off of this property on U.S. 1/Federal Highway. Secondary
entrances/exits will be on Transportation Lane/Avenue G and
Fladell's Way/Avenue F.
(2) The LEVYS will construct a wall along the west right-of-way
line of Frederick Boulevard (thereby preventing any access from
the LEVY Commercial Property), and will provide hedging and
other appropriate landscaping/lighting that may be requested by
the Tropic Isle Civic Association and Tropic Bay Condominium
Association.
(3) The Board of Directors of the Tropic Isle and Tropic Bay Civic
5
Associations shall be entitled to review and recommend approval
of the proposed site plan, hedging, landscaping, et cetera for the
Levy Commercial Property.
D. The LEVYS agree to be responsible for their own attorney's fees and
costs for action.
E. The LEVYS agree that upon execution of this Agreement they will enter
into a stipulation to be filed of record in the action providing that the subject action will be
stayed as set forth in Paragraph 1.F., above.
3. The parties agree that they will jointly submit this Settlement
Agreement to the court in the pending action for entry of an order approving this Agreement
and incorporating it into the order for purposes of enforcement. The parties also agree that
this action shall be terminated by the order of the court approving this Settlement Agreement
when:
(1) Four (4) months have elapsed from the date of this Settlement
Agreement, and:
(i) The City has adopted the rezoning to SAD for the
entire LEVY Commercial Property to permit the
Permitted Uses (as principal uses under the City's
Land Development Regulations), and
(ii) The City has adopted the change in Future Land
Use Map of the Comprehensive Plan changing the
Land Use Designation of the entire LEVY
Commercial Property to General Commercial,
and
(iii) The appeals process for all items set forth above in
3(1)(i)-(ii), inclusive, has run and the approvals
remain unchanged and in full force and effect.
6
(2) If all of the above conditions for terminating the action have not
been complied with within four (4) months from the date of this Settlement Agreement then
either party shall have the right to terminate this Settlement Agreement by providing written
notice to the other party.
4. Miscellaneous:
A. Full Settlement. All parties acknowledge that the terms of this
Agreement, as set forth herein, represent their agreement upon a full and complete settlement
of any and all controversies between them pertaining to Stanley M, Levy. and Barbar~ G, Levy.
v, City of Delray Beach, Case No. 92-10254 AN and that the terms and conditions of this
Agreement were arrived at in arms-length negotiations between the parties, with independent
legal advice. It is the intention of this Agreement to settle all controversies between and
among the parties hereto in the action including without limitation any and all claims which
were or could have been brought therein.
B. Approval by the Court. The parties obligations hereunder are subject to
and conditioned upon the Court in the pending action approving the terms of this Settlement
Agreement and incorporating this Agreement into its order of approval.
C. LEVY shall have the right to request any other uses. Notwithstanding
anything in this Settlement Agreement to the contrary the LEVYS, or their successors and/or
assigns may (after the expiration of 2 years from the effective date of the SAD ordinance
referred to herein) at any time and from time to time apply for and request the CITY and/or
other applicable governmental authorities to permit uses on the LEVY Commercial Property
7
other than the Permitted Uses. Such requests and/or applications shall be reviewed based on
the law in effect at the time of the request or application and the approval of such requests
and/or applications shall not in any way modify the rights and obligations of the parties
under this Settlement Agreement.
D. LEVY shall make no claim for monetary, compensation against the
CITY under Chapter 70. Florida Statutes. The LEVYS agree that they will not make any
monetary claim against the CITY for the CITY's approval of the SAD ordinance which
includes the Permitted Uses as set forth in paragraph 1 A.).
E. Entire Agreement. No agreement or representations among the parties
to this Agreement, unless incorporated in this Agreement, shall be binding upon any of the
parties hereto. This Agreement embodies the entire agreement and understanding of the
parties hereto, supersedes any prior agreement between the parties, and may not be changed,
altered, or modified except by instrument in writing signed by the party against whom
enforcement of any such change, alteration or modification is sought.
F. Interpretation. The parties agree that all parties participated in drafting
this Agreement, and in the event judicial interpretation of any terms of this Agreement is
required, such terms will not be construed against any of the parties hereto.
G. Binqting on Successors. This Agreement shall be binding on all
successors or assigns of the parties. This Agreement shall not be recorded in the Public
Records of Palm Beach County, Florida, however, the fully executed LEVY Restrictions, in
the form attached as Exhibit "B", shall be recorded in the Public Records of Palm Beach
County, Florida.
8
H. Captions Meaningless. The parties agree that all captions herein are for
the convenience of the parties and shall not effect the construction hereof.
I. Survival. The terms of this Settlement Agreement shall survive the
entry by the Court of the order approving this Agreement and this Agreement shall be
independently enforceable, in addition to its enforcement pursuant to the Court order.
J. JURY TRIAL WAIVER. THE LEVYS AND THE CITY
KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT
EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION
BASED ON, OR ARISING OUT OF, OR UNDER OR IN CONNECTION WITH THIS
AGREEMENT OR RELATED HERETO, OR ANY COURSE OF CONDUCT OR
DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF
EITHER PARTY ARISING OUT OF THIS AGREEMENT. THIS PROVISION IS A
MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS
AGREEMENT.
CITY OF DELRAY BEACH
By:
Witness Mayor
Witness
Attest:
City Clerk
Approved as to form and sufficiency
City Attorney
Witness STANLEY M. LEVY
Witness
Witness BARBARA C. LEVY
Witness
10
EXHIBIT B
RESTRICTION
This instrument was prepared
by and return to:
Roger G. Saberson, P.A. Property Appraiser's
70 S.E. 4th Avenue Parcel Identification No.
Delray Beach, Florida 33483
This Indenture, made this day of 1996, by Stanley M. Levy and
Barbara C. Levy, his wife (the "Owner").
WHEREAS, the Owner, owns certain property in Palm Beach County, F1 described as
follows:
Lots 11 - 19 of Block 35 and that portion of Frederick Boulevard directly east of
Lots 16- 22 of Block 24, DEL RATON PARK, according to the Plat thereof
recorded in Plat Book 14, Pages 9 and 10 of the Public Records of Palm Beach
County, Florida (hereinafter the "Real Property"), and
WHEREAS, the Owner also owns some nearby property which is referred to in a
Settlement Agreement with the City of Delray Beach ("City"), as the Levy Commercial
Property, and
WHEREAS, the Owner in regard to the Levy Commercial Property has requested
that the City permit the reestablishment of certain uses which include the following: (i)
vehicle sales, rental and leasing, with no service component and (ii) vehicle wash establishment
and detailing (collectively herein the "Proposed Uses"), and
WHEREAS, Tropic Isle Civic Association, Inc. and Tropic Bay Condominium
Apartment Association, Inc. (collectively the "Associations") are the homeowners associations
which are in closest proximity to the Levy Commercial Property and therefore the Owner
requested their consent and approval as to the Proposed Uses, and
WHEREAS, the Board of Directors of the Associations have represented to the
undersigned that their Associations have consented and approved of the Proposed Uses for the
Levy Commercial Property if the Owner would, among other things, deed restrict the Real
Property to residential use to help prevent the further expansion of commercial uses toward
the east, and
WHEREAS, Owner agreed to deed restrict the Real Property to residential use if the
City permitted the Proposed Uses on the Levy Commercial Property as conforming uses.
NOWTHEREFORE, for one dollar and other good and valuable consideration the
receipt and sufficiency of which is hereby acknowledged, the undersigned agree as follows:
1. The above WHEREAS, clauses are incorporated herein.
2. The Owner, subject to the terms and conditions in this instrument, does hereby, in
perpetuity, restrict the future use of the Real Property to residential uses with
customary accessory uses.
3. This instrument shall automatically terminate if either of the following occur: (A) If,
without the written consent of then owner of the Levy Commercial Property, the
City of Delray Beach or other applicable governmental authority limits the use of the
Levy Commercial Property in any manner that does not allow all of the following as
permitted and conforming uses; vehicle sales, rental and leasing, with no service
component and vehicle wash establishment and detailing, and/or 03) if any property
that abuts the Real Property to the south or east is zoned or otherwise allowed by the
City of Delray Beach or other applicable governmental authority to be used for a
purpose or purposes other than residential. If either (A) or 03) occur then this
instrument shall be null and void.
4. The exclusive remedy for a violation of the restriction referred to in paragraph 2
above, shall be injunctive relief not damages. The restriction may be enforced only by
either or both of the following parties: the Tropic Isle Civic Association, Inc. and
Tropic Bay Condominium Apartment Association, Inc..
5. Except as set forth in paragraph 3, this restriction may be amended or terminated only
with the written consent of the City of Delray Beach, the Tropic Isle Civic
Association, Inc. and Tropic Bay Condominium Apartment Association, Inc. and the
then owner(s) of the Real Property. If either of said Association's cease to exist their
consent shall not be required.
6. Unless and until terminated, this instrument shall constitute a covenant running with
the Real Property and shall be binding upon the heirs, personal representatives,
administrators, successors and assigns of the parties.
In Witness Whereof, Owner has hereunto set Owner's hand and seal the day and year
first above written.
Signed, sealed and delivered in our presence:
Print name: Stanley M Levy
Print Name:
(Seal)
Print name: Barbara C. Levy
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of
1996 by Stanley M. Levy and Barbara C. Levy.
Notary Public
My Commission Expires:
Personally Known ~ OR Produced Identification
Type of Identification Produced