06-13-2017 Special Workshop Meeting AgendaTuesday, June 13, 2017
City of Delray Beach
100 NW 1st Avenue - Delray Beach, Florida 33444
Phone: (561) 243-7000 - Fax: (561) 243-3774
www.mydelraybeach.com
Delray Beach City Hall - Commission Chambers
City Commission
Mayor Cary Glickstein
Vice Mayor Jim Chard
Deputy Vice Mayor Shirley Ervin Johnson
Commissioner Shelly Petrolia
Commissioner Mitchell Katz
Regular Commission Meeting
Special Commission & Workshop Meeting at 5:00 PM
Public Hearings 7:00 p.m.
Commission Chambers
RULES FOR PUBLIC PARTICIPATION
PUBLIC COMMENT: City Commission meetings are business meetings and the right to limit discussion rests
with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The
Mayor, presiding officer or a consensus of the City Commission has discretion to adjust the amount of time
allocated.
Public comment shall be allowed as follows:
A.Comments and Inquiries on Non-Agenda and Agenda Items (excluding public hearing or quasi-judicial
hearing items) from the Public: Any citizen is entitled to be heard concerning any matter within the
scope of jurisdiction of the Commission under this section. The Commission may withhold comment or
direct the City Manager to take action on requests or comments.
B.Public Hearings/Quasi-Judicial Hearings: Any citizen is entitled to speak on items under these sections
at the time these items are heard by the Commission.
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prior to the meeting where they wish to present.
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APPELLATE PROCEDURES
Please be advised that if a person decides to appeal any decision made by the City Commission with respect to
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testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record.
June 13, 2017City Commission Regular Commission Meeting
Pursuant to Section 3.12 of the Charter of the City of Delray Beach the Mayor has instructed me to
announce a Special Meeting of the City Commission to be held for the following purposes:
1. Public Comments
2. Public Hearings
ORDINANCE NO. 17-17: AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH ARTICLE 6.3 “USE AND WORK
IN THE PUBLIC RIGHT OF WAY” BY AMENDING SECTION 6.3.3 “SIDEWALK
CAFE” TO ELIMINATE REGULATIONS FOR SIDEWALK CAFES LOCATED ON
PRIVATE PROPERTY; AMENDING SECTION 6.3.3 (A) “PERMIT AND FEES” TO
ADD LEASING FEES; AMENDING SECTION 6.3.3 (F) “REGULATIONS GOVERNING
THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE” TO CREATE
TWO ZONES, PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
(SECOND READING)
2.a.
Motion to Approve Ordinance No. 17-17 on Second Reading. Recommendation:
Sponsors:Planning and Zoning Board
Ordinance No. 17-17 Sidewalk Cafe
P & Z Staff Report with Ord No. 17-1
Attachments:
3. Resolutions
RESOLUTION NO. 46-17 ESTABLISHING A FEE SCHEDULE FOR SIDEWALK
CAFE PERMITS
3.a.
Motion to Approve Resolution No. 46-17 adopting a fee schedule for the
establishment and/or renewal of a Sidewalk Cafe Permit.
Recommendation:
Sponsors:Planning & Zoning Department
Res 46-17-Fees-SidwalkCafeOrd2017 CA ApprovedAttachments:
4. Commission Comments
Workshop Meeting
Pursuant to Section 3.12 of the Charter of the City of Delray Beach the Mayor has instructed me to
announce a Workshop Meeting of the City Commission to be held for the following purposes:
HISTORIC PRESERVATION TASK FORCE PRESENTATIONWS.1.
Consider Task Force recommendations and provide direction.Recommendation:
Sponsors:Planning & Zoning Department
2017-06-13_Historic Preservation Task Force Presentation_06-08-17Attachments:
RISING WATERS TASK FORCE REPORT AND RECOMMENDATIONSWS.2.
Page 3 City of Delray Beach Printed on 6/14/2017
June 13, 2017City Commission Regular Commission Meeting
Sponsors:Environmental Services Department
Delray RWTF-FINALAttachments:
PARKING MANAGEMENT PLANW.S.3
.
Sponsors:Environmental Services Department
Parking Management Report for 6-13-17 WorkshopAttachments:
W.S.4. Commission Comments
Page 4 City of Delray Beach Printed on 6/14/2017
City of Delray Beach
Legislation Text
100 N.W. 1st Avenue
Delray Beach, FL 33444
File #:17-561,Version:1
TO:Mayor and Commissioners
FROM:Timothy Stillings, Planning, Zoning and Building Director
THROUGH:Neal de Jesus, Interim City Manager
DATE:June 13, 2017
ORDINANCE NO.17-17:AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH ARTICLE 6.3 “USE AND WORK IN THE PUBLIC RIGHT OF
WAY”BY AMENDING SECTION 6.3.3 “SIDEWALK CAFE”TO ELIMINATE REGULATIONS
FOR SIDEWALK CAFES LOCATED ON PRIVATE PROPERTY;AMENDING SECTION 6.3.3
(A)“PERMIT AND FEES”TO ADD LEASING FEES;AMENDING SECTION 6.3.3 (F)
“REGULATIONS GOVERNING THE USE,DESIGN,AND MAINTENANCE OF A SIDEWALK
CAFE”TO CREATE TWO ZONES,PROVIDING A CONFLICTS CLAUSE AND A
SEVERABILITY CLAUSE;PROVIDING AN EFFECTIVE DATE;AND FOR OTHER
PURPOSES. (SECOND READING)
Recommended Action:
Motion to Approve Ordinance No. 17-17 on Second Reading.
Background:
In March 2005,the City Commission approved Ordinance No.05-05 that modified the
Sidewalk Cafe regulations by increasing setbacks from street curbing from 2’to 5’.Increasing
the setback was intended to improve safety for Sidewalk Cafes and support better pedestrian
flow through the sidewalk cafe areas.Ordinance No.05-05 had a provision to allow the
previous setback to remain in effect until the next permit renewal cycle,which occurred in
October of that year.The Sidewalk Cafe regulations were amended again in July of that year
(Ordinance No.51-05).This amendment added the words “…outside whether on public or
private property (excluding interior courtyard seating which is subject to parking requirements)
…” .
As the Clean and Safe Staff enforced the new Sidewalk Cafe regulations,many of the
Sidewalk Cafe Operators could not meet the new requirements.The new regulations also
resulted in the decrease of the number of tables and chairs.It became apparent that the
regulations were not meeting the goals established by the City.The current regulations have
resulted in many complaints from the Sidewalk Cafe Operators and resulted in eight waiver
requests since adoption.
At the City Commission Workshop meeting in November 2015,Community Improvement Staff
presented the challenges of the regulations.The discussion resulted in recommendations to
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presented the challenges of the regulations.The discussion resulted in recommendations to
remove the reference of sidewalk cafes on private property and allowed for different
configurations of the Sidewalk Cafe widths based on geographical areas of the City.For
instance,the area along Atlantic Avenue between Swinton Avenue and the Intracoastal has
the most number of cafes and pedestrians that affect the level of service of the sidewalks.
Therefore,a Sidewalk Cafe may be located on one side with a 6’clear pedestrian pathway
and may be located on both sides if a 7’clear pedestrian pathway is provided.In other areas
of the city, the Sidewalk Cafe may be located on both sides with a 6’ clear pedestrian pathway.
As this proposed amendment was being drafted,the City was contacted by the Florida
Department of Transportation (FDOT)requesting the City enter into a “Leasing Agreement”to
collect rental fees for those Sidewalk Cafes and valet queues located in their right-of-ways
along East Atlantic Avenue and on South Ocean Boulevard (affects approximately 12
Sidewalk Cafes).This Leasing Agreement between the City of Delray Beach and the FDOT
was approved at the City Commission meeting of May 17,2016.The ability to collect those
fees is included in the proposed Ordinance No.17-17.
Proposed Ordinance:
The following summarizes the amendments proposed in Ordinance No. 17-17:
The definition of a Sidewalk Cafe was updated to add clarification to the location of the
Sidewalk Cafe to better distinguish it from other outdoor dining areas.The updated definition
is as follows:
Definition:A “Sidewalk Cafe”is a group of tables with chairs grouping of dining furniture
which may include tables and chairs and associated articles,which has been approved by the
City through a Sidewalk Cafe permit and is situated and maintained outside within a public
right-of-way,a portion of which may be located in a public pedestrian way (sidewalk),between
the building front (and/or side for corner lots)and the curb at the edge of the roadway whether
on public or private property (excluding interior courtyard seating which is subject to parking
requirements);and such area is used for the consumption of food and beverages sold to the
public from an adjoining restaurant or other eligible business.All tables and chairs,and
associated articles must be located within the sidewalk Cafe permit area.Sidewalk Cafes are
allowed only when in compliance with this Section.
Permit and Fees:
1.If the initial Sidewalk Cafe permit or any renewal permit is cancelled,a new application fee
is required for any subsequent permits issued.
2.Fees are removed from the ordinance and shall be adopted by resolution that will be
presented at the second reading of this ordinance.
3.Additional “leasing fees”shall be collected for any Sidewalk Cafe located in the FDOT right-
of-way along East Atlantic Avenue and along South Ocean Boulevard.
4.The City may cancel a Sidewalk Cafe permit without notice if the payment,along with
accrued late fees is not fully paid by October 1 of any renewal period.
5.Due to the change in the definition,any existing establishment that currently has a
Sidewalk Cafe permit but no longer fits the definition,is granted a one (1)year period to
either modify their site plan to seek approved for an outdoor dining area or to remove the
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furniture from the public pedestrian way.
Regulations Governing the Use,Design,and Maintenance of a Sidewalk Cafe:Two
figures were added to provide graphical examples of the regulations.Regulations were added
to require a minimum height of 7’for all umbrellas and canopy’s within a Sidewalk Cafe area
and that the barrier that defines the Sidewalk Cafe area shall be 3’ in height.
Establishes two geographic zones for regulating the location of the clear pedestrian pathways
and widths:
ZONE-1:This is defined as the area East-to-West between Swinton Avenue and the
Intercostal Waterway on Atlantic Avenue,and North-to-South between NE/SE 1st Streets
(Clean and Safe Boundary).A map was added to show this area.Within Zone 1,a Sidewalk
Cafe may be establishes on only one side of the required 6’clear pedestrian pathway and on
both sides if a 7’ clear pedestrian pathway is provided.
ZONE-2:This is defined as all geographical areas of the City that are outside of Zone 1.
Within Zone 2,a Sidewalk Cafe may be established on both sides of the required 6’pedestrian
pathway.
In both zones,if the area adjacent to the curb is interrupted by street furniture,trees,tree
grates or similar impediments,the sidewalk cafe operator may provide for a six foot (6’)clear
pedestrian path commencing from the edge of the impediment closest to the building façade
for a distance of six feet (6’) towards the building.
Signage:The proposed ordinance eliminates the specific types of additional signs (i.e.menu
boards) and allows for one additional business sign for Sidewalk Cafes.
At its meeting of April 17,2017,the Planning and Zoning (P&Z)Board recommended approval
of Ordinance No.17-17 on a vote of 5 to 0 (Joycelyn Patrick and Leslie Marcus absent).The
P&Z Board raised the following issues:
-The Board suggested that the definition of sidewalk cafe,Section 6.3.3 (A)is reworded so
that seating is not limited to just tables and chairs as a restaurant may wish to include other
furniture.
-That a graphic illustration is included in the ordinance to show the area that is a sidewalk
cafe versus outdoor seating on private property.
- That all references to signs are removed from the sidewalk cafe regulations.
Subsequent to the P&Z Board meeting Ordinance No.17-17 was revised to modify the
definition of sidewalk cafe and to provide content neutral language with respect to signage.
City Attorney Review:
Approved as to form and legal sufficiency.
Finance Department Review:
Not Applicable.
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Funding Source:
Not Applicable
Attachments:
·Ordinance No. 17-17
·Planning and Zoning Board Staff Report, April 17, 2017.
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ORDINANCE NO. 17-17
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” OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH BY AMENDING SECTION 6.3.3 “SIDEWALK
CAFE” TO ELIMINATE REGULATIONS FOR SIDEWALK
CAFES LOCATED ON PRIVATE PROPERTY; AMENDING
SECTION 6.3.3 (A) “PERMIT AND FEES” TO ADD LEASING
FEES; AMENDING SECTION 6.3.3 (F) “REGULATIONS
GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A
SIDEWALK CAFE” TO CREATE TWO ZONES; PROVIDING A
CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the City has permitted sidewalk cafes to be located in certain areas of the City; and
WHEREAS, the City desires to modify the Land Development Regulations (LDRs) governing
sidewalk Cafes to provide for the public health, safety and welfare of the residents of the City and its
visitors; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting
as the Local Planning Agency (LPA), has determined that the amendments are consistent with and further
the goals, objectives, and policies of the Comprehensive Plan; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on April 17, 2017, and voted 5 to 0 to recommend
that the amendments be approved; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning
Staff report; and
WHEREAS, the City Commission at duly notice public meetings on _________2017, and on
_______2017, received and considered comments from the public and gave careful consideration to all
aspects of this Ordinance; and
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ORD NO. 17-17
WHEREAS, the City Commission has determined it to be in the best interest of the City of Delray
Beach that the LDRs be amended as described in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1.That the recitations set forth above are incorporated herein.
Section 2.That Article 6.3, “Use and Work in the Public Right of Way”, Section 6.3.3
“Sidewalk Cafe”, of the Land Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby amended to read as follows:
Section 6.3.3 Sidewalk Cafe:
(A)Definition:A “Ssidewalk Ccafe” is a group of tables with chairs grouping of dining
furniture which may include tables and chairs and associated articles, which has been approved by
the City through a Sidewalk Cafe permitand issituated and maintained outside within a public right-
of-way, a portion of which may be located in a public pedestrian way (sidewalk), between the
building front (and/or side for corner lots) and the curb at the edge of the roadway whether on
public or private property (excluding interior courtyard seating which is subject to parking
requirements); and such area is used for the consumption of food and beverages sold to the public
from an adjoining restaurant or other eligible business. All tables and chairs, and associated articles
must be located within the sidewalk Cafe permit area. Sidewalk Cafes are allowed only when in
compliance with this Section.
(AB)Permit and Fees: It shall be unlawful for any person to establish a Sidewalk Cafe
at any site unless a valid permit to operate a Ssidewalk Cafe has been obtained for that site, from
the City pursuant to this Section. The permit shall be issued on a form provided by the City of
Delray Beach. No permit shall be issued until all the requirements of this Section have been met.
Permits shall not be transferable. All permits shall comply with the following:
(1)Each Sidewalk Cafe permit shall be effective for one year, from July 1st
until June 30th. Any new permit application received after July 1st until December 31st will pay
the full cost of the permit fee and the permit shall expire June 30th of the following year. Any
new permit application received after December 31st will pay one-half of the cost of the permit
fee and the permit shall expire June 30th of the same year. In addition, should the initial Sidewalk
Cafe permit or any renewal permit be cancelled for any reason pursuant to this section, a new
application fee shall be required for any subsequent permits issued.
(2)The initial Sidewalk Cafe application fee is one hundred fifty dollars
($150.00). The along with the annual permit fee is $4.75 based upon per the square footage of
approved Ssidewalk Cafe space. shall both be established by a resolution of the City Commission.
Additional “leasing fees” shall be collected for any Sidewalk Cafe located in the Florida
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ORD NO. 17-17
Department of Transportation (FDOT)right-of-way along East Atlantic Avenue and along South
Ocean Boulevard. The FDOT leasing fees will also be established by resolution of the City
Commission and collected based on the terms outlined in the Lease Agreement between the City
and the FDOT, which may be amended from time to time.
(3)Renewals:Renewals of a Sidewalk Cafe permit and payment of fees must
be submitted and approved on or before July 1
st of each year.
(4) Late Renewal Fee:If a renewal payment is not submitted by July 1st, it
shall be considered late and subject to a late fee of ten-percent (10%), plus an additional five-
percent (5%) late fee if payment is not received by the first of each month thereafter until paid,
provided that the total late fee shall not exceed twenty-percent (20%) of the permit fee. If a
renewal payment is not submitted by July 1st, the City has the right to immediately cancel the
Ssidewalk Cafe permit upon written notice to the permit holder and the City may also cancel such
permit without notice if the payment, along with accrued late fees is not fully paid by October 1st.
of any renewal period.[Amd. Ord. 56-09 10/20/09]
(5) Any applicant that was issued a Cafe permit prior to this ordinance and no
longer meets the definition of a Sidewalk Cafe shall be eligible for one (1) one-year extension of
their Sidewalk Cafe permit after which the applicant shall be required to submit a site plan
modification (if the area of the Cafe is not shown on an approved site plan) or shall be required
to remove all Sidewalk Cafe elements.
(B)Applicability: The provisions of this section shall apply to all existing and proposed
sidewalk Cafes effective July 1, 2005
(C) — (E) (These subsection shall be renumbered according and shall remain in full force and
effect as previously adopted)
(F)Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe:
(1)A Sidewalk Cafe shall only be established in conjunction with a legally established
restaurant or business where the food product is prepared, processed, or assembled on the
premises (for example: deli, ice cream store, sandwich shop) where the food product preparation
is the main or sole purpose of the business. These businesses shall be deemed eligible to apply for
a Sidewalk Cafe permit. A business that prepares, processes, or assembles food on the premises,
where such food preparation or assemblage is not the main or sole purpose of the business shall
not be allowed to establish a Sidewalk Cafe.
(2)A Sidewalk Cafe may only be established in the area between the curb of a public
roadway and in the front of the business or along a side street adjacent to the businesson a corner
lot or in front of public open space plazas adjacent to the business. The area may also include
portions of a public pedestrian ways (sidewalk) or a public plaza and such businesses immediately
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ORD NO. 17-17
adjacent to the business with which the sidewalk Cafe is associated. However, businesses located
on Atlantic Avenue which also have a side street frontage shall be allowed to establish a Sidewalk
Cafe along only one (1)of the street frontages (e.g. Sidewalk Cafe permitted on either the side
street or on Atlantic Ave, but not on both street frontages).The Ssidewalk Cafe shall not be
established adjacent to a travel lane or on-street parking, unless there is no ability to establish a
Ssidewalk Cafe adjacent to the storefront, in which case a Ssidewalk Cafe may be located adjacent
to a traffic lane or street parking as long as a six foot clear pedestrian path is provided and the
tables and associated chairs provide a minimum setback of five feet (5’)from the vehicular travel
lane and associated curbing. This five feet (5’)setback does not apply when the tables are
immediately adjacent to on-street parking.
(3)Alcoholic beverages may be consumed within Ssidewalk Cafe area.
(4)The use of the tables and chairs dining furniture shall be only for the customers
of the business with which the Ssidewalk Ccafe is associated.Tables, chairs, umbrellas, barriers
and other objects associated with a Ssidewalk Ccafe shall be of quality design, materials and
workmanship both to ensure the safety and convenience of users and to enhance the visual and
aesthetic quality of the urban environment, as previously approved by the City and as shown and
depicted in the approved Sidewalk Cafe permit.All tables, chairs, umbrellas, barriers and
associated objects must be located within the Sidewalk Cafe permit area. All umbrellas and
canopies must maintain a minimum seven feet (7’)clear area and shall not extend outside of the
Sidewalk Cafe area.All barriers shall be three (3’)in height. See Figures 6.3.3 –1&2 for more
details.
Figure 6.3.3 –1 Sidewalk Cafe Cross section diagram
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ORD NO. 17-17
(5)Sidewalk Cafe operators shall maintain a clear pedestrian path of a minimum of six feet
(six’) at all times. The six foot (6’) clear pedestrian path shall be parallel to the street and/or alley.
In the event a six foot (6’) clear pedestrian path adjacent to the curb is interrupted by street furniture,
trees, tree grates or similar impediments, then the sidewalk Cafe operator may provide for a six foot
(6’) clear pedestrian path commencing from the edge of the impediment closest to the building
façade for a distance of six feet (6’) towards the building. In areas of higher pedestrian traffic or
activity or if conditions are such that additional clearance is required to assure safe pedestrian travel,
additional clear space shall be required. A clear pedestrian path greater than six feet (6’) may be
required on sidewalks with an adjacent traffic lane. For sidewalk cafes with permits approved prior
to [effective date of this ordinance], the dimensions of approved pedestrian paths will prevail until
the next permit renewal.
(5)Within “ZONE-1”, defined as that area east-to-west between Swinton Avenue
and the Intracoastal Waterway, and north-to-south between NE 1st Street and SE 1st Street (see
Figure 6.3.3-3), the following regulations shall apply:
(a)When a Sidewalk Cafe operator provides a clear pedestrian path of a
minimum of six feet (6’),the operator can choose to place the associated
tables and chairs on either side of the pathway, but not on both sides. The
six foot (6’) clear pedestrian path shall be parallel to the street and/or alley.
(b)In the event that a six foot (6’) clear pedestrian path adjacent to the curb
is interrupted by street furniture, trees, tree grates or similar impediments,
then the Sidewalk Cafe operator may provide for a six foot (6’) clear
pedestrian path commencing from the edge of the impediment closest to
the building façade for a distance of six feet (6’) towards the building.
Figure 6.3.3 –2 Sidewalk Cafe plan view diagram (Example)
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ORD NO. 17-17
(c)If a Sidewalk Cafe operator provides a clear pedestrian path of a minimum
of seven feet (7’), the operator can place the associated tables and chairs
on both sides of the pathway. The seven foot (7’) clear pedestrian path
shall be parallel to the street and/or alley.
(d)For Sidewalk Cafes with permits approved prior to the effective date of
this ordinance, the dimensions of approved pedestrian paths will prevail
until the next annual permit renewal. In the event of any dispute as to the
placement and/or dimension of any required pedestrian path within any
ZONE, the Planning Zoning and Building Director, or a designee of the
Director, shall make the final determination in order to bring the operator
into conformance with any pedestrian pathway regulations set forth
herein.
(6) Within “ZONE-2” as defined as all other geographical areas of the City, the
following regulations shall apply:
(a)When a Sidewalk Cafe operator provides a clear pedestrian path of a
minimum of six feet (6’), the operator can choose to place the associated
tables and chairs on either side or both sides of the pathway. In either case,
the six foot (6’) clear pedestrian path shall be parallel to the street and/or
alley.
Figure 6.3.3 - 3 - Sidewalk Cafe Zone 1
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ORD NO. 17-17
(b)When the Sidewalk Cafe is established on one side of the six foot (6’) clear
pedestrian path adjacent to the curb and is interrupted by street furniture,
trees, tree grates or similar impediments, then the Sidewalk Cafe operator
may provide for a six foot (6’) clear pedestrian path commencing from the
edge of the impediment closest to the building façade for a distance of six
feet (6’) towards the building.
(c)For Sidewalk Cafes with permits approved prior to effective date of this
ordinance, the dimensions of approved pedestrian paths will prevail until
the next annual permit renewal.
(6) (7) A “No Table Zone” is hereby established. No Ssidewalk Cafe tables or chairs
shall be located within the “No Table Zone”. The “No Table Zone” is that area located at the
intersections of Atlantic Avenue with any side street, within fifteen feet (15’) of the extended curb
line. The fifteen feet (15’) will be measured perpendicular to the street from the extended curb.
For non-Atlantic Avenue intersections, the “No Table Zone” shall be ten (10’) feet as measured
above.
(7) (8) The Sidewalk Cafe area is to be segregated from the pedestrian pathway by means
of barriers such as planters, railings or other similar moveable fixtures or other clearly visible
demarcation. No part of the barrier shall be located within the required 5’clear pedestrian pathway
as defined in subsection (5) and (6) above.
(8) (9) In addition to previously approved business signs, the Sidewalk Cafe may have
one (1) additional business sign of the following signs which shall be approved administratively
with the approval or renewal of the sidewalk café permit:
(a)A wall mounted menu board sign that does The business sign shall not
exceed three four square feet (3 4 sq. ft.).
(b)The business sign shall A free standing easel or art object that does not
exceed five feet (5’) forty-two inches (42”) in height. that holds a menu board with a sign face not
to exceed six square feet (2 ft. x 3 ft. or 6 sq. ft.).
(c)Logos upon table umbrellas.
The free standing easel or art object must be placed immediately in front of the business in the
permitted sidewalk Cafe area. These signs shall not require further Site Plan Review and
Appearance Board approval and are an exemption to requirements with the City's sign code.
Portable signs shall be prohibited except as allowed in Section 4.6.7(E)(3)(d) Grand Opening
Portable Signs.
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ORD NO. 17-17
(9) (10)Use area and/or seating capacity realized through a Sidewalk Cafe use and
contiguous outdoor dining areas shall not invoke provisions of the zoning code as they pertain to
parking or other matters.
(10) (11)Food may be carried to tables by patrons or served by a table waiter/waitress
for all uses that have been assessed restaurant parking requirements. All other uses that have been
assessed general commercial parking requirements, but otherwise qualifying for Sidewalk Cafe
permit, shall be for take-out food only (food may be carried to tables by patrons; no
waiter/waitress service is allowed). The use of food preparation stations, trash receptacles and
cash registers are prohibited within the Sidewalk Cafe area.
(11) (12)The use of carpeting, artificial turf, or other services of any kind must be
approved as a part of the Sidewalk Cafe application.
(12) (13)All services provided to patrons of a Sidewalk Cafe and all patron activity (i.e.,
sitting, dining, etc.) shall occur within the designated Sidewalk Cafe area, and shall not impinge
on the required 5’ clear distance clear pedestrian pathways as provided for in subsections (F)(5)
and (6) above for pedestrian passage at any time. Chairs shall be arranged parallel to the clear
pedestrian path so that they do not encroach into the clear pedestrian path to accommodate
patrons.
(13) (14)Hours of operation shall be the same as the associated businesses.
(14) (15)The area covered by the permit, including the sidewalk, curb and gutter
immediately adjacent to it, shall be maintained in a clean, neat, attractive and orderly manner at all
times and the area shall be cleared of all debris and stains on a periodic basis during the day and
again at the close of each business day, ensuring a tidy appearance. The permittee shall also be
responsible to pressure clean the sidewalk surface on which the Sidewalk Cafe is located at least
once a week or more frequently, if needed and pick up all litter and debris including litter and
debris in the landscaped areas adjacent to the Sidewalk Cafe area under permit.
(15) (16)No tables, chairs, or any other part of Sidewalk Cafes shall be attached,
chained, or in any manner affixed to any tree, post, sign or other fixtures, curb or sidewalk within
or near the permitted area.
(G) — (H) (These subsection shall remain in full force and effect as previously adopted)
(I)Denial, Revocation, or Suspension of Permit; Removal and Storage Fees;
Jurisdiction of the Code Enforcement Board or Civil Violations; Emergencies:
(1)In addition to the remedies for late fees set forth hereinabove at
subparagraph (A)(4), Tthe City Manager or his/her designee may deny, revoke, or suspend a
permit of any Sidewalk Cafe in the City if it is found that:
9
ORD NO. 17-17
(a)Any necessary business or health permit has either been
suspended, revoked, or canceled or has lapsed.
(b)The permittee does not have insurance which is correct and
effective.
(c)Changing conditions of pedestrian or vehicular traffic cause
congestion necessitating removal or modification of the Sidewalk
Cafe, in order to avoid danger to the health, safety or general
welfare of pedestrians or vehicular traffic.
(d)The permittee has failed to correct violations of this subchapter or
conditions of permitting within three (3) days of receipt of written
notice of same.
(e)If the permittee receives more than three (3) Code Enforcement
violations and/or civil violations in a twelve (12) month period
from the issuance of its permit for non-compliance to this Section,
the permit shall be terminated and no refunds of the permit
application fee shall be granted. The permittee may not receive a
new permit for six months.
(f)The Sidewalk Cafe does not enhance or conform to the aesthetic
ambiance of the area or is not compatible with other adjacent
businesses or Sidewalk Cafes.
(I)(2) through (6) —(J) (These subsection shall remain in full force and effect as previously
adopted)
Section 3.Repeal of Conflicting Ordinances. All ordinances or parts thereof or parts of the
Code conflicting or inconsistent with the provisions of this ordinance are hereby repealed.
Section 4.Severability. If any word, clause, sentence, paragraph, section or part thereof
contained in this Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court
of competent jurisdiction, such declaration shall not affect the validity of the remainder of this ordinance.
Section 5.Inclusion in Code. This ordinance shall be codified in the Code of Ordinances of
the City of Delray Beach, Florida.
Section 6.Effective Date. The provisions of this Ordinance shall become effective
immediately upon adoption.
10
ORD NO. 17-17
ASSED AND ADOPTED in regular session on second and final reading on this _______ day of
________________, 2017.
_______________________________________
Cary D. Glickstein, Mayor
ATTEST:
_______________________________
City Clerk
First Reading ________________
Second Reading ________________
PLANNING AND ZONING BOARD
STAFF REPORT
MEETING DATE: April 17, 2017
ITEM: VIII.A
AGENDA ITEM: File Number 2017-130: ORDINANCE 17-17 – CITY INITIATED
AMENDMENT AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH; AMENDING
SECTION 6.3.3 SIDEWALK CAFE TO ELIMINATE REGULATIONS
FOR SIDEWALK CAFES LOCATED ON PRIVATE PROPERTY,
PROVIDE GEOGRAPHIC REGULATIONS, LEASING FEES;
PROVIDING A SAVING CLAUSE; A GENERAL REPEALER
CLAUSE; AND AN EFFECTIVE DATE.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding Ordinance 17-17, a City-initiated amendment to LDR Section 6.3.3, “Sidewalk
Cafes”, to remove the reference to maintaining sidewalk cafes on “private” property,
amending Subsections (A)(2), “Permit and Fees” to add collection of leasing fees,
amending Subsection (F)(5); and adding Section (F)(5) & (6), “Regulations Governing Use,
Design, and Maintenance of a Sidewalk Café to establish regulations by geographical
zones.
Sidewalk Cafes are regulated in the LDR’s under ARTICLE 6.3 USE AND WORK IN THE
PUBLIC RIGHT OF WAY. This amendment will remove the reference to regulating
sidewalk cafes on “private” property and establish clear pedestrian pathway widths by
Geographical Zones to better manage the downtown core area to accommodate different
pedestrian thresholds.
BACKGROUND & DESCRIPTION
In March of 2005, the City Commission approved Ordinance No.05-05 that modified the
Sidewalk Cafe regulations increasing setbacks from curbing from 2’ to 5’ and the width of
the pedestrian pathways from 5’ to 6’. Increasing the dimensions was to improve safety
issues and pedestrian flow. The Ordinance had a provision to allow the existing dimensions
to prevail until the next permit renewal cycle which occurred in July.
As the Clean and Safe staff started monitoring and enforcing the new sidewalk regulations,
many of the sidewalk cafe operators could not meet the requirements which resulted in the
decrease of the number of tables and chairs. Through this process it became apparent that
the regulations were not meeting the goals and values of the City as it resulted in many
Sidewalk Cafe Operator complaints that lead to 8 waiver requests and a Commission who
Planning and Zoning Board Meeting of 04.17.17
LDR Amendments re: Ordinance 17-17 Revisions to §6.3.3 Sidewalk Cafe
2
wished to be supportive of the economic benefits of the sidewalk cafes while ensuring the
safety of pedestrians and ADA requirements were met.
In November of last year at a workshop meeting, staff presented to the City Commission
the challenges of the regulations and obtained their input. The outcome of those discussion
resulted in recommendations to remove the reference of sidewalk cafes on private property
as they felt the property owners should be responsible for regulating ADA Requirements
and set different pedestrian pathway widths based on geographical areas of the City. For
instance, that area along Atlantic Avenue between Swinton Avenue and the Intracoastal
has the most number of cafes and pedestrians that impact the sidewalks. Therefore their
widths would be wider than in other areas of the city outside of the downtown core where
the pedestrian flow is less impacting.
As the amendment to the Ordinance was being created, the City was contacted by the
Florida Department of Transportation (FDOT) requesting the City enter into a “leasing
agreement” to collect rental fees for those cafes and valet ques located in their right-of-
ways along East Atlantic Avenue and on South Ocean Boulevard (affects approximately 12
cafes). This Leasing Agreement between the City of Delray Beach and the FDOT was just
recently approved at the City Commission meeting of May 17, 2016. The ability to collect
those fees has been included in the Ordinance.
The proposed new sections will read as follows:
Definition:
6.3.3 (A) A Sidewalk Cafe is a group of tables with chairs and associated articles
approved by the City situated and maintained outside whether on public or private
property (excluding interior courtyard seating which is subject to parking requirements)
within a public right-of-way and used for the consumption of food and beverages sold to
the public from an adjoining business. All tables and chairs, and associated articles must
be located within the sidewalk Cafe permit area. Sidewalk Cafes are allowed only when
in compliance with this Section.
Applicibility:
(B) Applicability: The provisions of this section shall apply to all existing and
proposed sidewalk Cafes effective July 1, 2005
Permit and Fees:
6.3.3 (B) (1) Each permit shall be effective for one year, from July 1st until June
30th. Any new permit application received after July 1st until December 31st will pay
the full cost of the permit fee and the permit shall expire June 30th of the following year.
Any new permit application received after December 31st will pay one-half of the cost of
the permit fee and the permit shall expire June 30th of the same year. In addition,
should the initial sidewalk Cafe permit or any renewal permit be cancelled for any
reason pursuant to this section, a new application fee shall be required for any
subsequent permits issued.
(2) The initial sidewalk Cafe application fee is one hundred fifty
dollars ($150.00) along with Tthe annual permit fee is $4.75 based upon per the
Planning and Zoning Board Meeting of 04.17.17
LDR Amendments re: Ordinance 17-17 Revisions to §6.3.3 Sidewalk Cafe
3
square footage of approved sidewalk Cafe space within the public right-of-way shall
both be established by a resolution of the City. Additional “leasing fees” shall be
collected for any sidewalk Cafe located in the Florida Department of Transportation
(FDOT) right-of-way along East Atlantic Avenue and along South Ocean Boulevard. The
FDOT Leasing fees will also be established by resolution of the City and collected
based on the terms outlined in the Lease Agreement between the City and the FDOT,
which may be amended from time to time.
(4) Late Renewal Fee: If a renewal payment is not submitted by
July 1st, it shall be considered late and subject to a late fee of ten-percent (10%), plus
an additional five-percent (5%) late fee if payment is not received by the first of each
month thereafter until paid, provided that the total late fee shall not exceed twenty-
percent (20%) of the permit fee. If a renewal payment is not submitted by July 1st, the
City has the right to immediately cancel the Sidewalk Cafe permit upon written notice to
the permit holder and the City may also cancel such permit without notice if the
payment, along with accrued late fees is not fully paid by October 1st. of any renewal
period.
Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe:
6.3.3(F)(5) Within “ZONE-1” defined as that area East-to-West between Swinton
Avenue and the Intercostal Waterway on Atlantic Avenue, and North-to-South between
NE/SE 1st Streets (see Map), the following regulations shall apply:
(a) When a sidewalk café operator provides a clear pedestrian path of a
minimum of six feet (6’) the operator can choose to place the
associated tables and chairs on either side of the pathway, but not on
both sides. The six foot (6’) clear pedestrian path shall be parallel to
the street and/or alley.
(b) In the event a six foot (6’) clear pedestrian path adjacent to the curb is
interrupted by street furniture, trees, tree grates or similar impediments,
then the sidewalk café operator may provide for a six foot (6’) clear
pedestrian path commencing from the edge of the impediment closest
to the building façade for a distance of six feet (6’) towards the building.
(c) If a sidewalk café operator provides a clear pedestrian path of a
minimum of seven feet (7’) the operator can place the associated tables
and chairs on both sides of the pathway. The seven foot (7’) clear
pedestrian path shall be parallel to the street and/or alley.
(d) For sidewalk cafes with permits approved prior to effective date of this
ordinance, the dimensions of approved pedestrian paths will prevail
until the next annual permit renewal.
6.3.3 (F)(6) Within “ZONE-2” as defined as all other geographical areas of the City other
than that which is described in Zone 1 above, the following regulations shall apply:
(a) When a sidewalk café operator provides a clear pedestrian path of a
minimum of six feet (6’) the operator can choose to place the
associated tables and chairs on either side or both sides of the
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LDR Amendments re: Ordinance 17-17 Revisions to §6.3.3 Sidewalk Cafe
4
pathway. In either case, the six foot (6’) clear pedestrian path shall be
parallel to the street and/or alley.
(b) When the sidewalk café is established on one side of the six foot (6’)
clear pedestrian path adjacent to the curb and is interrupted by street
furniture, trees, tree grates or similar impediments, then the sidewalk
café operator may provide for a six foot (6’) clear pedestrian path
commencing from the edge of the impediment closest to the building
façade for a distance of six feet (6’) towards the building.
(c) For sidewalk cafes with permits approved prior to effective date of this
ordinance, the dimensions of approved pedestrian paths will prevail
until the next annual permit renewal.
6.3.3 (F) (8) (9) In addition to previously approved business signs, the sidewalk cafe
may have one (1) of the following signs which shall be approved administratively with
the approval or renewal of the sidewalk café permit:
(a) A wall mounted menu board sign that does not exceed three square
feet (3 sq.ft.).
(b) A free standing easel or art object that does not exceed five feet (5’) in
height that holds a menu board with a sign face not to exceed six
square feet (2 ft. x 3 ft. or 6 sq. ft.). The free standing easel or art
object must be placed immediately in front of the business in the
permitted sidewalk Cafe area.
(c) Logos upon table umbrellas.
ANALYSIS
Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations
may be initiated by the City Commission, Planning and Zoning Board or City
Administration; or an individual.
STAFF COMMENT:
The proposed amendments were initiated by the City Commission at its November 10,
2015 meeting.
Pursuant to LDR Section 2.4.5(M)(5),Findings, in addition to LDR Section 1.1.6(A), the
City Commission must make a finding that the text amendment is consistent with and
furthers the Goals, Objectives and Policies of the Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted
and the following applicable Objectives and Policies were noted:
Planning and Zoning Board Meeting of 04.17.17
LDR Amendments re: Ordinance 17-17 Revisions to §6.3.3 Sidewalk Cafe
5
TRANSPORTATION
• Goal Area C: A convenient, safe and efficient transportation network which emphasized safety and which
meets the needs of residents, both year-round and seasonal, shall be created. Its focus shall be upon avoiding
congestion and accommodating all forms of travel through the City.
Sidewalks are a critical element in the multi-modal transportation network here in
the City and in particular the downtown core area. Providing a safe and efficient
flow of pedestrian thresholds will help to eliminate congestion.
• Objective C-2: Existing conditions which impose obstacles to accommodating this Goal of providing safer
bicycle, pedestrian, automobile and public transportation shall be rectified.
Creating geographical regulations to help with managing the pedestrian
thresholds in different areas of the community will increase safety.
• Objective D-2: Facilities which accommodate the needs of the handicapped, pedestrians and bicyclists
shall be assessed and required during development review, complying with state and national standards.
The amendments to the Ordinance is to accommodate the needs of the
handicapped and pedestrians by increasing the dimensions for clear pathways.
These factors will be addressed as part of the review process for sidewalk Café
Permits.
STAFF ANALYSIS:
The proposed amendments to LDR Section 6.3.3 Sidewalk Café strengthens the language
of this section to better manage the pedestrian flow in the downtown corridor while
maintaining the economic benefits of the cafes and meeting the goals and intent of
Comprehensive Plan. City staff and elected officials are working to make sure that the
pedestrian access within the public rights-of-way is adequate to meet the proposed lovel
of service as well as safety and ADA requirements.
REVIEW BY OTHERS
The Pineapple Grove Main Street (PGMS) committee reviewed this item at their June 29, 2016
meeting and acknowledged support of this amendment.
The Downtown Development Authority (DDA) reviewed this item at their March 14, 2016 and
recommended approval. (See attached letter)
The Community Redevelopment Agency (CRA) reviewed this item at their July 14, 2016 and
was supportive of the proposed amendments.
The West Atlantic Redevelopment Coalition (WARC) reviewed this item at their September 1,
2016 meeting and voted unanimously to recommend approval of the text amendment.
The Historic Preservation Board (HPB) reviewed this item at their April 5, 2017 meeting and
voted unanimously to recommend approval of this text amendment.
Planning and Zoning Board Meeting of 04.17.17
LDR Amendments re: Ordinance 17-17 Revisions to §6.3.3 Sidewalk Cafe
6
RECOMMENDED ACTION
Recommend approval to the City Commission of Ordinance XX-17, a City-initiated LDR
amendment to revise Section 6.3.3, “Sidewalk Cafes”, to remove the reference to
maintaining sidewalk cafes on “private” property, amending Subsections (A)(2) to add
leasing fees and amending Subsection (F) to establish “regulations” by geographical zones;
by adopting the findings of fact and law contained in the staff report, and finding that the
amendments and approval thereof is consistent with the Comprehensive Plan and meets
the criteria set forth in LDR Section 2.4.5(M).
Report by: Mark E Stivers, AICP Principal Planner
Janet Meeks, Education Coordinator
Attachments: Draft Ordinance 17-17
DDA Letter of support
ORDINANCE 17-17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH
ARTICLE 6.3 “USE AND WORK IN THE PUBLIC RIGHT OF WAY” BY
AMENDING SECTION 6.3.3 SIDEWALK CAFÉ TO ELIMINATE
REGULATIONS FOR SIDEWALK CAFES LOCATED ON PRIVATE
PROPERTY; AMENDING SECTION 6.3.3 (A) “PERMIT AND FEES” TO
ADD LEASING FEES; AMENDING SECTION 6.3.3 (F) “REGULATIONS
GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A
SIDEWALK CAFÉ” TO CREATE TWO ZONES, PROVIDING A
CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the City has permitted sidewalk Cafes to be located in certain areas of the City; and
WHEREAS, the City desires to modify the Land Development Regulations governing sidewalk Cafes to
provide for the public health, safety and welfare of the residents of the City and its visitors; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the
Local Planning Agency (LPA), has determined that the amendments are consistent with and further the goals,
objectives, and policies of the Comprehensive Plan; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text
amendment at a public hearing held on April 17, 2017, and voted ______ to recommend that the changes be
approved; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the staff report;
and
WHEREAS, the City Commission at duly notice public meetings on _________2017, and on
_______2017, received and considered comments from the Planning and Zoning Board and from the public,
and gave careful consideration to all aspects of this ordinance; and
WHEREAS, the City Commission has determined it to be in the best interest of the City of Delray Beach
that the Land Development Regulations be amended as described in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF DELRAY BEACH,
FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
2
ORD 17-17
Section 2. That Article 6.3, “Use and Work in the Public Right of Way”, Section 6.3.3 “Sidewalk
Cafe”, of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida,
be and the same is hereby amended to read as follows:
Section 6.3.3 Sidewalk Cafe:
(A) A Sidewalk Cafe is a group of tables with chairs and associated articles approved by the City
situated and maintained outside whether on public or private property (excluding interior courtyard seating
which is subject to parking requirements) within a public right-of-way and used for the consumption of
food and beverages sold to the public from an adjoining business. All tables and chairs, and associated
articles must be located within the sidewalk Cafe permit area. Sidewalk Cafes are allowed only when in
compliance with this Section.
(AB) Permit and Fees: It shall be unlawful for any person to establish a sidewalk Cafe at any
site unless a valid permit to operate a sidewalk Cafe has been obtained for that site, from the City pursuant
to this Section. The permit shall be issued on a form provided by the City of Delray Beach. No permit
shall be issued until all the requirements of this Section have been met. Permits shall not be transferable.
All permits shall comply with the following:
(1) Each permit shall be effective for one year, from July 1st until June 30th. Any
new permit application received after July 1st until December 31st will pay the full cost of the permit fee
and the permit shall expire June 30th of the following year. Any new permit application received after
December 31st will pay one-half of the cost of the permit fee and the permit shall expire June 30th of
the same year. In addition, should the initial sidewalk Cafe permit or any renewal permit be cancelled for
any reason pursuant to this section, a new application fee shall be required for any subsequent permits
issued.
(2) The initial sidewalk Cafe application fee is one hundred fifty dollars ($150.00)
along with Tthe annual permit fee is $4.75 based upon per the square footage of approved sidewalk Cafe
space within the public right-of-way shall both be established by a resolution of the City. Additional
“leasing fees” shall be collected for any sidewalk Cafe located in the Florida Department of
Transportation (FDOT) right-of-way along East Atlantic Avenue and along South Ocean Boulevard. The
FDOT Leasing fees will also be established by resolution of the City and collected based on the terms
outlined in the Lease Agreement between the City and the FDOT, which may be amended from time to
time.
(3) Renewals of a sidewalk Cafe permit and payment of fees must be submitted and
approved on or before July 1st of each year.
(4) Late Renewal Fee: If a renewal payment is not submitted by July 1st, it shall be
considered late and subject to a late fee of ten-percent (10%), plus an additional five-percent (5%) late
fee if payment is not received by the first of each month thereafter until paid, provided that the total late
fee shall not exceed twenty-percent (20%) of the permit fee. If a renewal payment is not submitted by
3
ORD 17-17
July 1st, the City has the right to immediately cancel the Sidewalk Cafe permit upon written notice to the
permit holder and the City may also cancel such permit without notice if the payment, along with accrued
late fees is not fully paid by October 1st. of any renewal period. [Amd. Ord. 56-09 10/20/09]
(B) Applicability: The provisions of this section shall apply to all existing and proposed sidewalk
Cafes effective July 1, 2005
(C) — (E) (These subsection shall remain in full force and effect as previously adopted)
(F) Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe:
(1) A sidewalk Cafe shall only be established in conjunction with a legally established
restaurant or business where the food product is prepared, processed, or assembled on the premises (for
example: deli, ice cream store, sandwich shop) where the food product preparation is the main or sole
purpose of the business. A business that prepares processes or assembles food on the premises, where
such food preparation or assemblage is not the main or sole purpose of the business shall not be allowed
to establish a sidewalk Cafe.
(2) A sidewalk Cafe may only be established in front of the business or along a side street
adjacent to the business, or in front of public open space plazas adjacent to the business, and such
businesses immediately adjacent to the business with which the sidewalk Cafe is associated. However,
restaurants located on Atlantic Avenue which also have a side street frontage shall be allowed to establish
a sidewalk Cafe along only one of the street frontages (e.g. Cafe permitted on either the side street or on
Atlantic Ave, but not on both street frontages). The sidewalk Cafe shall not be established adjacent to a
travel lane or on-street parking, unless there is no ability to establish a sidewalk Cafe adjacent to the
storefront, in which case a sidewalk Cafe may be located adjacent to a traffic lane or street parking as
long as a six foot clear pedestrian path is provided and the tables and associated chairs provide a minimum
setback of 5’ from the vehicular travel lane and associated curbing. This 5’ setback does not apply when
the tables are immediately adjacent to on street parking.
(3) Alcoholic beverages may be consumed within sidewalk Cafe area.
(4) The use of the tables and chairs shall be only for the customers of the business with which
the sidewalk Cafe is associated. Tables, chairs, umbrellas, barriers and other objects associated with a
sidewalk Cafe shall be of quality design, materials and workmanship both to ensure the safety and
convenience of users and to enhance the visual and aesthetic quality of the urban environment, as
previously approved by the City and as shown and depicted in the approved Sidewalk Cafe permit. All
tables, chairs, umbrellas, barriers and associated objects must be located within the Sidewalk Cafe permit
area.
(5) Sidewalk Cafe operators shall maintain a clear pedestrian path of a minimum of six feet (six’)
at all times. The six foot (6’) clear pedestrian path shall be parallel to the street and/or alley. In the event
a six foot (6’) clear pedestrian path adjacent to the curb is interrupted by street furniture, trees, tree grates
4
ORD 17-17
or similar impediments, then the sidewalk Cafe operator may provide for a six foot (6’) clear pedestrian
path commencing from the edge of the impediment closest to the building façade for a distance of six feet
(6’) towards the building. In areas of higher pedestrian traffic or activity or if conditions are such that
additional clearance is required to assure safe pedestrian travel, additional clear space shall be required. A
clear pedestrian path greater than six feet (6’) may be required on sidewalks with an adjacent traffic lane.
For sidewalk cafes with permits approved prior to [effective date of this ordinance], the dimensions of
approved pedestrian paths will prevail until the next permit renewal.
(5) Within “ZONE-1”, defined as that area east-to-west between Swinton Avenue and the
Intracoastal Waterway, and north-to-south between NE 1st Street and SE 1st Street (see Figure 6.3.3), the
following regulations shall apply:
(a) When a sidewalk Cafe operator provides a clear pedestrian path of a minimum of
six feet (6’), the operator can choose to place the associated tables and chairs on
either side of the pathway, but not on both sides. The six foot (6’) clear pedestrian
path shall be parallel to the street and/or alley.
(b) In the event that a six foot (6’) clear pedestrian path adjacent to the curb is
interrupted by street furniture, trees, tree grates or similar impediments, then the
sidewalk Cafe operator may provide for a six foot (6’) clear pedestrian path
commencing from the edge of the impediment closest to the building façade for
a distance of six feet (6’) towards the building.
(c) If a sidewalk Cafe operator provides a clear pedestrian path of a minimum of
seven feet (7’), the operator can place the associated tables and chairs on both
sides of the pathway. The seven foot (7’) clear pedestrian path shall be parallel to
the street and/or alley.
(d) For sidewalk Cafes with permits approved prior to effective date of this
ordinance, the dimensions of approved pedestrian paths will prevail until the next
annual permit renewal. In the event of any dispute as to the placement and/or
dimension of any required pedestrian path within any ZONE, the Planning
Zoning and Building Director, or a designee of the Director, shall make the final
determination in order to bring the operator into conformance with any
pedestrian pathway regulations set forth herein.
(6) Within “ZONE-2” as defined as all other geographical areas of the City, the following
regulations shall apply:
(a) When a sidewalk Cafe operator provides a clear pedestrian path of a minimum of
six feet (6’), the operator can choose to place the associated tables and chairs on
either side or both sides of the pathway. In either case, the six foot (6’) clear
pedestrian path shall be parallel to the street and/or alley.
5
ORD 17-17
(b) When the sidewalk Cafe is established on one side of the six foot (6’) clear
pedestrian path adjacent to the curb and is interrupted by street furniture, trees,
tree grates or similar impediments, then the sidewalk Cafe operator may provide
for a six foot (6’) clear pedestrian path commencing from the edge of the
impediment closest to the building façade for a distance of six feet (6’) towards
the building.
(c) For sidewalk Cafes with permits approved prior to effective date of this
ordinance, the dimensions of approved pedestrian paths will prevail until the next
annual permit renewal.
Figure 6.3.3 - 1 - Sidewalk Cafe Zone 1
(6) (7) A “No Table Zone” is hereby established. No sidewalk Cafe tables or chairs shall be
located within the “No Table Zone”. The “No Table Zone” is that area located at the intersections of
Atlantic Avenue with any side street, within fifteen feet (15’) of the extended curb line. The fifteen feet
(15’) will be measured perpendicular to the street from the extended curb. For non-Atlantic Avenue
intersections, the “No Table Zone” shall be ten (10’) feet as measured above.
(7) (8) The sidewalk Cafe area is to be segregated from the pedestrian pathway by means of
barriers such as planters, railings or other similar moveable fixtures or other clearly visible demarcation.
No part of the barrier shall be located within the required 5’ clear pedestrian pathway as defined in
subsection (5) and (6) above.
6
ORD 17-17
(8) (9) In addition to previously approved business signs, the sidewalk cafe may have one (1) of
the following signs which shall be approved administratively with the approval or renewal of the sidewalk
café permit:
(a) A wall mounted menu board sign that does not exceed three square feet (3 sq.ft.).
(b) A free standing easel or art object that does not exceed five feet (5’) in height that
holds a menu board with a sign face not to exceed six square feet (2 ft. x 3 ft. or
6 sq. ft.). The free standing easel or art object must be placed immediately in front
of the business in the permitted sidewalk Cafe area.
(c) Logos upon table umbrellas.
The free standing easel or art object must be placed immediately in front of the business in the permitted
sidewalk Cafe area. These signs shall not require further Site Plan Review and Appearance Board
approval and are an exemption to requirements with the City's sign code. Portable signs shall be
prohibited except as allowed in Section 4.6.7(E)(3)(d) Grand Opening Portable Signs.
(9) (10) Use area and/or seating capacity realized through a sidewalk Cafe use and contiguous
outdoor dining areas shall not invoke provisions of the zoning code as they pertain to parking or other
matters.
(10) (11) Food may be carried to tables by patrons or served by a table waiter/waitress for all
uses that have been assessed restaurant parking requirements. All other uses that have been assessed
general commercial parking requirements, but otherwise qualifying for sidewalk Cafe permit, shall be for
take-out food only (food may be carried to tables by patrons; no waiter/waitress service is allowed). The
use of food preparation stations, trash receptacles and cash registers are prohibited within the sidewalk
Cafe area.
(11) (12) The use of carpeting, artificial turf, or other services of any kind must be approved
as a part of the sidewalk Cafe application.
(12) (13) All services provided to patrons of a sidewalk Cafe and all patron activity (i.e., sitting,
dining, etc.) shall occur within the designated sidewalk Cafe area, and shall not impinge on the required
5’ clear distance clear pedestrian pathways as provided for in subsections (F)(5) and (6) above for
pedestrian passage at any time. Chairs shall be arranged parallel to the clear pedestrian path so that they
do not encroach into the clear pedestrian path to accommodate patrons.
(13) (14) Hours of operation shall be the same as the associated businesses.
(14) (15) The area covered by the permit, including the sidewalk, curb and gutter immediately
adjacent to it, shall be maintained in a clean, neat, attractive and orderly manner at all times and the area
shall be cleared of all debris and stains on a periodic basis during the day and again at the close of each
business day, ensuring a tidy appearance. The permittee shall also be responsible to pressure clean the
7
ORD 17-17
sidewalk surface on which the sidewalk Cafe is located at least once a week or more frequently, if needed
and pick up all litter and debris including litter and debris in the landscaped areas adjacent to the sidewalk
Cafe area under permit.
(15) (16) No tables, chairs, or any other part of sidewalk Cafes shall be attached, chained, or
in any manner affixed to any tree, post, sign or other fixtures, curb or sidewalk within or near the
permitted area.
(G) — (H) (These subsection shall remain in full force and effect as previously adopted)
(I) Denial, Revocation, or Suspension of Permit; Removal and Storage Fees;
Jurisdiction of the Code Enforcement Board or Civil Violations; Emergencies:
(1) In addition to the remedies for late fees set forth hereinabove at subparagraph
(A)(4), Tthe City Manager or his/her designee may deny, revoke, or suspend a permit of any sidewalk
Cafe in the City if it is found that:
(a) Any necessary business or health permit has either been suspended,
revoked, or canceled or has lapsed.
(b) The permittee does not have insurance which is correct and effective.
(c) Changing conditions of pedestrian or vehicular traffic cause congestion
necessitating removal or modification of the sidewalk Cafe, in order to
avoid danger to the health, safety or general welfare of pedestrians or
vehicular traffic.
(d) The permittee has failed to correct violations of this subchapter or
conditions of permitting within three (3) days of receipt of written notice
of same.
(e) If the permittee receives more than three (3) Code Enforcement
violations and/or civil violations in a twelve (12) month period from the
issuance of its permit for non-compliance to this Section, the permit shall
be terminated and no refunds of the permit application fee shall be
granted. The pemittee may not receive a new permit for six months.
(f) The Sidewalk Cafe does not enhance or conform to the aesthetic
ambiance of the area or is not compatible with other adjacent businesses
or sidewalk Cafes.
(I)(2) through (6) —(J) (These subsection shall remain in full force and effect as previously
adopted)
8
ORD 17-17
Section 2. Repeal of Conflicting Ordinances. All ordinances or parts thereof or parts of the Code
conflicting or inconsistent with the provisions of this ordinance are hereby repealed.
Section 3. Severability. If any word, clause, sentence, paragraph, section or part thereof contained in
this Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent
jurisdiction, such declaration shall not affect the validity of the remainder of this ordinance.
Section 4. Inclusion in Code. This ordinance shall be codified in the Code of Ordinances of the City
of Delray Beach, Florida.
Section 5. Effective Date. The provisions of this Ordinance shall become effective immediately
upon adoption.
PASSED AND ADOPTED in regular session on second and final reading on this _______ day of
________________, 2017.
_________________________________________
Cary D. Glickstein, Mayor
ATTEST:
_______________________________
City Clerk
First Reading ________________
Second Reading ________________
85 SE 4th Avenue, Suite 108, Delray Beach, FL 33483 • (561) 243-1077 Fax: (561) 243-1079
July 14, 2016
Planning & Zoning Board Members
City of Delray Beach
100 NW 1st Avenue
Delray Beach, FL 33483
Dear Board Members:
This concerns Planning & Zoning item that came before the Delray Beach
Downtown Development Authority at the March 14, 2016 meeting.
ITEM – Amendment to the Land Development Regulations Regarding
Sidewalk Cafés
ACTION - Motion to approve the Amendment to the Land Development
Regulations Regarding Sidewalk Cafés
Motion: Peter Arts; 2nd: Ryan Boylston
Motion carried unanimously.
Please know that we send this information to assist you in making your
decisions as they affect the DDA District of Downtown Delray Beach.
Sincerely,
Mark Denkler
Chairman
c: DDA Board of Directors
Laura Simon, Executive Director
DowntownDelrayBeach.com
BOARD OF DIRECTORS
Mark Denkler
Chair
Vince Canning Shoes
Frank Frione
Vice-Chair
GFA International, Inc
Albert Richwagen
Secretary
Richwagen’s Bicycles
Bonnie Beer
Treasurer
Caffe Luna Rosa
Ryan Boylston
Woo Creative
Alan Costilo
Big Al’s Steaks
Peter Arts
Plastridge Insurance
City of Delray Beach
Legislation Text
100 N.W. 1st Avenue
Delray Beach, FL 33444
File #:17-562,Version:1
TO:Mayor and Commissioners
FROM:Timothy R. Stillings, Director of Planning, Zoning, and Building
THROUGH:Chief Neal de Jesus, Interim City Manager
DATE:June 13, 2017
RESOLUTION NO. 46-17 ESTABLISHING A FEE SCHEDULE FOR SIDEWALK CAFE PERMITS
Recommended Action:
Motion to Approve Resolution No. 46-17 adopting a fee schedule for the establishment and/or
renewal of a Sidewalk Cafe Permit.
Background:
This resolution is the companion to Ordinance No. 17-17 amending LDR Section 6.3.3 "Sidewalk
Cafe" to provide the fees in accordance with section 6.3.3 (B) "Permits and Fees."
City Attorney Review:
City Attorney recommends adoption of this resolution.
Finance Department Review:
Finance recommends approval.
Funding Source:
N/A
Timing of Request:
As the companion resolution to Ordinance No. 17-17, this Resolution needs to be adopted at the
same time to establish the fees for Sidewalk Cafe permits.
City of Delray Beach Printed on 6/13/2017Page 1 of 1
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RESOLUTION NO. 46-17
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ESTABLISHING A SCHEDULE OF FEES
FOR THE ESTABLISHMENT AND RENEWAL OF A SIDEWALK CAFE
PERMIT PURSUANT TO RECENTLY REVISED SECTION 6.3.3.
SIDEWALK CAFE. OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY; PROVIDING AN EFFECTIVE DATE AND FOR
OTHER PURPOSES.
WHEREAS, the City Commission (“Commission”) of the City of Delray Beach (“City”), pursuant to
section Sec. 6.3.3(B). Permit and Fees. of the Land Development Regulations (“LDRs”) of the City is authorized
to set fees associated with Sidewalk cafe permits by resolution in accordance with newly adopted Ordinance No.
17-17; and
WHEREAS, the Commission desires to set Sidewalk Cafe permit fees by resolution pursuant to the
LDRs which will include an initial application fee, a City annual permit fee, and an additional leasing fee to cover
the leasing costs of the Florida Department of Transportation (FDOT) Lease as set forth in the most recent
executed lease agreement between the City and FDOT for those right-of-way areas locate adjacent to Sidewalk
Cafes which are located along E. Atlantic Avenue and along S. Ocean Boulevard.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1.The foregoing recitals are true and accurate, and are incorporated herein
Section 2.The City of Delray Beach hereby adopts the following fees for the establishment and/or
renewal of a sidewalk cafe permit:
Application Fee..............................................................................................$150
City Annual Permit Fee (based on square footage of space)..................$4.75/sq. ft.
FDOT Lease Fee along East Atlantic Avenue.........................................$3.50/sq. ft.
FDOT Lease Fee along S Ocean Boulevard.............................................$4.00/sq. ft.
Section 3.One copy of the Fee Schedule as set forth herein shall be identified as an official copy
and shall be kept on file with the City Clerk for public use, inspection and examination.
Section 4.This Resolution shall become effective immediately upon adoption. All resolutions or
parts of resolutions in conflict with this resolution are to the extent of such conflict hereby repealed.
2
RES. NO. 46-17
PASSED AND ADOPTED by the City Commission of the City of Delray Beach this ____ day of June,
2017.
Cary D. Glickstein, Mayor
ATTEST:
Katerri Johnson, CMC., City Clerk
City of Delray Beach
Legislation Text
100 N.W. 1st Avenue
Delray Beach, FL 33444
File #:17-541,Version:1
TO:Mayor and Commissioners
FROM:Timothy R. Stillings, AICP, Director of Planning, Zoning & Building
THROUGH:Chief Neal de Jesus, Interim City Manager
DATE:June 13, 2017
HISTORIC PRESERVATION TASK FORCE PRESENTATION
Recommended Action:
Consider Task Force recommendations and provide direction.
Background:
The Historic Preservation Task Force was directed by the City Commission and established by the
City Manager to develop recommendations regarding Historic Preservation in Delray Beach.
City Attorney Review:
N/A
Finance Department Review:
The financial impact will depend on the Commission's direction as it pertains to the Task Force's
recommendations.
Funding Source:
N/A
Timing of Request:
The Task Force is prepared to make a presentation.
City of Delray Beach Printed on 6/5/2017Page 1 of 1
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Historic Preservation Task Force
2016-17
Direction from Commission; City Manager originally tasked
us for six months due to complexity, extended to a year.
GOAL: To strengthen Historic Preservation in Delray
Beach.
GOAL: To fill any gaps in resources for staff and citizens to
protect and preserve our historic properties.
First meeting September 2015. Monthly or bi-weekly
meetings with city staff and/or citizens.
Create new legal documents and maps to support.
Where we started
Create more incentives to encourage historic preservation.
Give more teeth to current ordinances.
Determine new areas that qualify for historic designation.
Increase staffing to provide education and assistance to
public on a daily basis
Identified these needs
Add grants to all Historic Districts for people who qualify for
financial assistance—model now being run in West Settlers
District. Funding sources: CRA, others to be identified.
Expedite permit process and customer service with new staff
member.
New Resource Guide developed by Task Team will be made
available at City Hall and on City web site.
Ask County to increase Tax Exemption program from 10 to
20 years - other cities have done this.
Property Tax Cap for people who are not going to add on to
their homes but maintain a historic designated home.
New Incentives
Demolition by Neglect – Strengthen LDR/Ordinance
Willful Neglect and Scorched Earth
Fines – Amend and Strengthen LDR/Ordinance
Those with financial hardship get grants to help with fines and to
finish work
Affirmative Maintenance – New LDR/Ordinance
Economic Hardship Certificate – New LDR/Ordinance
City-wide Board Up – New LDR/Ordinance
Historic Board Up – New LDR/Ordinance
Ad Valorem Tax Exemption – Extend from 10 – 20 years
New Ordinances/Initiatives
Update Demolition by Neglect Ordinance to make it
Enforceable.
Add definition of “willful neglect.” Provide specific list of items
included.
Require “affirmative maintenance” with clear definitions.
Increase fines (Those with financial hardship get grants to help
with fines and to finish work).
Reinforce with “scorched earth” section—no permit can be
obtained for five years and any tax relief is removed.
Create “Board Up Ordinance”—specify board-up materials
Extend Tax Exemption period from 10 – 20 years
New LDR sections
Frog Alley
North Swinton Avenue. (Currently, several properties are
individually listed. Three more are in process.)
Atlantic Avenue
Create New Districts
EXISTING DESIGNATED PROPERTIES
St. Matthew’s Episcopal Church
404 SW 3rd Street
77 properties are eligible to be
listed within the future historic district
Frog Alley
EXISTING DESIGNATED PROPERTIES
Clint Moore House – 1420 N. Swinton Avenue
Dewitt House - 1110 N. Swinton Avenue
Amelung House - 102 NE 12
th Street
O’Neal House –910 NE 2nd Avenue
Trinity Chapel – 400 N. Swinton Avenue
North Swinton Avenue
Study Area
Del-Ida
Park
S w i n t o n
A v e n u e
North Swinton Avenue
Atlantic Avenue
EXISTING DESIGNATED PROPERTIES
13 Sites along Atlantic Avenue are
either individually listed on the Local Register of Historic places or
are within an existing Historic District
ADD INCENTIVES TO ENCOURAGE HISTORIC PRESERVATION
UPDATE ORDINANCES TO GIVE MORE TEETH
ENHANCE SERVICE/RESOURCES TO THE PUBLIC BY ADDING
2 STAFF POSITIONS
LIST POTENTIAL NEW HISTORIC DISTRICTS
Final Recommendations
HP Task Force Members
JoAnn Peart, Chair
Carolyn Patton
Claudia Willis
Kathy Alderman
Winnie Edwards
Roger Cope
Charlene Farrington
Patricia Wright
Leslie Callaway
Tim Stillings
Francine Ramaglia
Lynn Gelin
Mark Woods
Lieut. Michael Coleman
Janice Rustin
Special Thanks To:
Neal de Jesus
Don Cooper
Amy Alvarez
Michelle Hoyland
Joan Goodrich
Elizabeth Burrows
Increase Community Education events as one held at OSS
Update Historic Design Guidelines ASAP
Add a quick link to Historic Preservation on City website
(micro link)
Other Recommendations
City of Delray Beach
Legislation Text
100 N.W. 1st Avenue
Delray Beach, FL 33444
File #:17-439,Version:1
TO:Mayor and Commissioners
FROM:Dale S. Sugerman, Ph.D., Assistant City Manager
THROUGH:Chief Neal de Jesus, Interim City Manager
DATE:June 13, 2017
RISING WATERS TASK FORCE REPORT AND RECOMMENDATIONS
City of Delray Beach Printed on 6/5/2017Page 1 of 1
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This report is presented by the members of
The Rising Waters Task Force of Delray Beach:
Ms. Kristine de Haseth
Mr. Robert Ganger
Dr. Andrew Katz
Ms. Giulia Pace
Dr. Ana Puszkin-Chevlin
Ms. Nancy Schneider
Mr. Kevin Warner
Sustainability Officer and City Liaison to Rising Waters Task Force:
Mr. John Morgan
Assistance in completing the written report was provided by
Environmental Science Associates (ESA), including:
Ms. Karla Ebenbach AICP, Urban Planning Consultant
Mr. Bryan Flynn, Coastal Engineer
Dr. Mitch Marken, LEED, Vice President
Ms. Lindsey Sheehan, Coastal Engineer Specializing in SLR Modeling
More information on the Rising Waters Task Force and its process may be found in the Appendix.
The information contained in this report is intended for planning purposes only.
Cover Photo Credits:
Aerial View of Delray Beach, Florida: beachhotelsfinder.com
Local flooding images: Dr. Ana Puszkin-Chevlin
Beach and beach pavilion images: Karla Ebenbach
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The Report and Recommendations of the Delray Beach Rising Waters Task Force April 2017
TABLE OF CONTENTS
Page
1. Introduction..................................................................................................................... 1
Mission of the RWTF ........................................................................................................ 2
Task Force Guiding Principles ......................................................................................... 2
2. Hydrological Challenges in Delray Beach ................................................................... 3
Sea Level Rise Projections for South East Florida .......................................................... 3
Flooding ............................................................................................................................ 5
Storm Surge and Storm Intensity ..................................................................................... 7
Precipitation Variability ..................................................................................................... 8
Saltwater Intrusion .......................................................................................................... 10
3. The Economic Challenges of Rising Waters ............................................................. 13
Property Tax-base at Risk .............................................................................................. 13
Public Finance and Bond Rating .................................................................................... 15
Insuring Private and Public Assets ................................................................................. 15
4. Recommendations of the RWTF ................................................................................. 20
Recommendation 1: Be Proactive and Process Driven ................................................. 20
Recommendation 2: Plan Adaptation Comprehensively ............................................... 24
Recommendation 3: Allocate Monetary Resources ....................................................... 27
Recommendation 4: Leverage Insurance Products ....................................................... 28
Recommendation 5: Educate the Public ........................................................................ 31
Recommendation 6: Harness Economic Development ................................................. 32
5. Conclusion .................................................................................................................... 33
6. References .................................................................................................................... 34
Appendices
Origin of the RWTF .................................................................................................................. 1
Task Force Goals ..................................................................................................................... 1
Goal 1: Education ............................................................................................................. 1
Goal 2: Southeast Florida Climate Compact Integration ................................................. 1
Goal 3: Identify Actions..................................................................................................... 1
The Task Force Process ......................................................................................................... 2
Task Force Members ............................................................................................................... 2
Additional Assistance to RWTF ............................................................................................. 3
RWTF Inundation Maps ……………………………………………………………………………4
Table of Contents
Page
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The Report and Recommendations of the Delray Beach Rising Waters Task Force April 2017
List of Figures
Figure 1: Unified Sea Level Rise Projection .............................................................................. 4
Figure 2: SFWMD Flood Control Structure, Boynton Spillway .................................................. 7
Figure 3: Global Predictions for Temperature and Precipitation ............................................... 9
Figure 4: Saltwater Intrusion .................................................................................................... 11
List of Tables
Table 1: "Bathtub" Model of Delray Beach .............................................................................. 14
Table 2: CRS Credit Points and Associated Flood Insurance Premium Reductions ............ 18
Glossary of Terms
Compact – Southeast Florida Regional Climate Change Compact
CRS – Community Rating System
FGBC – Florida Green Building Coalition
Hydraulic head – force exerted on an object due to the combination of the velocity, elevation
and pressure of water.
IPCC – Intergovernmental Panel on Climate Change
King Tides – Seasonal high water levels that occur when the Sun and Moon are aligned and
simultaneously exert their gravitational influence on the Earth in the same direction.
LWDD – Lake Worth Drainage District
NCAR – National Center for Atmospheric Research
NFIP – National Flood Insurance Program
NHC – National Hurricane Center
RWTF – Rising Waters Task Force
NOAA – National Oceanographic & Atmospheric Administration
RCAP - Regional Climate Action Plan
SFHA – Special Flood Hazard Area
SLR – Sea Level Rise
SFWMD – South Florida Water Management District
USACE – U.S. Army Corps of Engineers
USLRP – Unified Sea Level Rise Projection
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The Report and Recommendations of the Delray Beach Rising Waters Task Force April 2017
1. Introduction
Delray Beach and its neighboring coastal communities are thriving. They constitute an important
piece of the Palm Beach County economy, with a robust service-sector base and growing tourism,
which fuels leisure and recreation businesses. Visionary and strategic investments in downtown
Delray’s economic development have transformed it into the jewel of South Florida’s Gold Coast,
attracting visitors and new businesses. Delray Beach was voted the “most fun small town in
America” by Rand McNally in 2012.
This economic strength is a key asset of
Delray Beach, one that will be increasingly
challenged as the community confronts the
various impacts of a changing climate.
Managing, mitigating, and preparing for the
interrelated hydrological issues caused by sea
level rise, intense rain events, tropical storms,
coastal and inland flooding, storm surge and
saltwater intrusion are critical to maintaining
the quality of life that undergirds Delray
Beach's success.
Delray Beach has experienced noticeable increases in flooding episodes in recent years, often
referred to as nuisance flooding. In addition to the notable flooding in the Marina Historic District
and low lying areas on either side of the Intracoastal during the Fall and Spring King T ides,
impacts from such storms as Hurricane Wilma (2005) and most recently Hurricane Mathew
(2016) have resulted in damage along the coastline. The reported damage from Wilma in Delray
Beach was between $100 million and $150 million with $8 million of damage to public buildings.
While the specific impacts of rising water in Delray Beach require further study, the Southeast
Florida Regional Climate Change Compact's Unified SLR Projection, described below, makes
clear that nuisance flooding will continue to occur and intensify.
Addressing hydrological issues in Delray will require foresighted planning, public education,
public and private investment, and development of public policy to guide action. If actions are
implemented in a timely and strategic manner, the results will provide resiliency that will sustain
Delray Beach and the region for a prosperous future.
Historically, coastal communities have been reactive to the impacts of natural hazards rather than
proactive. However, as the worldwide scientific community forecasts a reliably certain trajectory
of change to the global climate, and as disaster response and recovery becomes more expensive, it
is imperative to take a proactive stance towards planning, public education, and disaster
preparedness. Federal and state policies now mandate pre-disaster mitigation planning to secure
mitigation funding. As waters continue to rise in Delray Beach, they will threaten valuable
infrastructure and public safety, as well as the economic engine of the leisure and tourism
industry. We do not have the luxury of time to wait. We must adapt and prepare now.
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The Report and Recommendations of the Delray Beach Rising Waters Task Force April 2017
Mission of the RWTF
The mission of the RWTF is to develop recommendations for local action that will reduce the
social, environmental, and economic impacts of rising sea levels, storm surge, and more frequent
and severe flooding related to climate change.
The RWTF's three primary goals were to (1) Educate elected officials, taxpayers and other
stakeholders, (2) Integrate appropriate elements of the Compact's Regional Climate Action Plan
(RCAP) into the City's planning policies; and (3) Identify immediate, short- and long-term,
actionable initiatives in response to the risks identified.
Task Force Guiding Principles
The RWTF agreed upon the following principles to inform its work, all Task Force members
believing that these organizational and practical concepts are basic to the challenging, cross-
disciplinary work of planning for a changing climate:
Principle 1: Climate change policies developed now should be considered with a 2060 time
horizon, given the typical period of obsolescence for property and infrastructure, and the fact
that projections of climate impacts become less reliable in a longer time horizon.
Principle 2: Climate adaptation in the Delray Beach community will require advanced
integrated planning on multiple levels to reduce regulatory friction.
Principle 3: The RWTF acknowledges that its role is to suggest and advance actionable
initiatives and projects that are visible and create positive momentum, while at the same time
putting forth the “big ideas” and new overarching paradigms that ultimately lead to change in
local policies and regulations, and the participation of a much wider array of stakeholders.
Principle 4: Climate adaptation in the Delray Beach community will require synergistic
coordination of public initiatives and private investment with a focus on innovative types of
public and private partnerships, as well as ways to facilitate and incentivize private sectors
actions.
Principle 5: All climate adaptation efforts in Delray Beach should promote positive
outcomes that lend themselves to a resilient future community and minimize negativity and
hopelessness that lend themselves to inaction.
The Rising Waters Task Force (RWTF),
organized in 2014 at the request of the
Delray Beach City Commission, heeded
the warning of our scientific and academic
partners and worked to initiate further
planning and action that will preserve and
protect Delray Beach. The RWTF has
prepared this report to that end, proposing
six key recommendations based on
thoughtful study and collaboration, to
address the growing frequency and
intensity of water-related impacts in our
community.
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The Report and Recommendations of the Delray Beach Rising Waters Task Force April 2017
2. Hydrological Challenges in Delray Beach
South Florida’s development has always been contingent
on actively managing hydrology. Historic development
evaded soggy grounds, settling high grounds, accepting
punishment from the tropics in the form of fierce storms,
and flooding. In the 1940s, the U.S. Army Corps of
Engineers (USACE) initiated a new era of hydrological
management: miles of canals, which allowed swamps to
drain, dikes and pipes that allowed for water supply and
waste management, paving the way for extensive urban
development. This engineered plumbing system, based on
historic patterns of precipitation, tropical storms and
ongoing real estate development is now reaching capacity,
and new challenges posed by emerging climate trends
will, over time, compromise the system's ability to deliver
expected levels of service.
Sea Level Rise Projections for Southeast Florida
The potential challenges posed by changing climate have been known for decades, but it wasn’t
until the turn of the century that natural and social scientists, and policy makers began to
seriously consider, in research, publications and governance the enormous impacts and
implications on modern society. The Southeast Florida Regional Climate Change Compact (the
Compact), a voluntary and cooperative partnership, was formed in 2010 among Palm Beach,
Broward, Miami-Dade and Monroe Counties to foster unified mitigation and adaptation
strategies. The Compact, enlisted elected officials, government staff, scientists from the major
research universities in the region, as well as National Oceanographic Atmospheric
Administration (NOAA) and USACE to develop common planning tools, and with input from
stakeholders created a Regional Climate Action Plan (RCAP), which was completed in 2012. The
Climate Action Plan outlines 110 recommendations that help to mitigate and adapt to climate
change and increase climate resiliency. Cities that have signed the Mayor’s Pledge, which Delray
Beach did in early 2014, agreed to proactively advance climate adaption, implementing the
appropriate recommendations in their City’s planning documents and Capital Improvement Plan
(CIP).
Early in the Compact’s work, it was determined that all counties and municipalities within the
region needed to base their adaptation strategies on one commonly accepted projection of
predicted sea level rise in the region. The Compact created a Technical Ad Hoc Working group
comprised of experts from numerous local universities, scientists from NOAA and the U.S.
Geological Survey (USGS), and civil engineers in public service and together they developed the
initial a common projection in 2012. This projection is based on historic tidal information from
the tidal gauge in Key West, and independent SLR models by the: (1) USACE, (2) (NOAA and
(3) Intergovernmental Panel on Climate Change (IPCC), an international body formed by the
United Nations, and (4) the World Meteorological Organization (WMO). Because of the diversity
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The Report and Recommendations of the Delray Beach Rising Waters Task Force April 2017
of the projections, a Technical Ad Hoc Work Group of the Compact, with guidance from
USACE, formed to unify the projections, naming upper and lower bounds of expected rise in sea
level for the four-county region between the present day and roughly 2060.
The Compact updated the Unified Sea Level Rise Projection (USLRP) in 2015, merging new
independent scientific projections and newly observed and published data into one practical and
coherent model for our region, in an effort to facilitate coordinated action. This projection
delineates intermediate and high forecasts for sea level rise (SLR), measured at Key West, which
will range from six to ten inches of rise (above the 1992 mean sea level) from 2015 to 2030, and
fourteen to twenty-six inches from 2030 to 2060. The long-term sea level rise prediction is 31 to
61 inches by 2100, as noted in Figure 1.
Figure 1: Unified Sea Level Rise Projection
Source: A Unified Sea Level Rise Projection for Southeast Florida, published by the Compact in 2011
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The Report and Recommendations of the Delray Beach Rising Waters Task Force April 2017
This regional sea level rise projection is consistent with, though may outpace, global forecasts for
sea level rise. The National Aeronautics and Space Administration Jet Propulsion Laboratory
have reported the average global sea level has risen almost 3 inches between 1992 and 2015
based on satellite measurements. Sea level rise in South Florida has been of similar magnitude
over the same period (NOAA, 2015), but is anticipated to outpace the global average due to
ongoing variations in the Florida currents and Gulf Stream. Methodology and details are available
in the “Unified Sea Level Rise Projection: Southeast Florida” 1
The Sea Level Rise Work Group recommends interpreting the projection as follows for
infrastructure or other investment planning purposes:
The lower boundary of the projection (blue dashed line) can be applied in designing low risk
projects that are easily replaceable with short design lives, are adaptable and have limited
interdependencies with other infrastructure or services. (For example, docks.)
The shaded zone between the IPCC AR5 Median curve and the USACE High is
recommended to be generally applied to most projects within a short-term planning horizon.
It reflects that the Work Group projects will most likely be in the range of sea level rise for
the remainder of the 21st Century. (For example, buildings.)
The upper curve of the projection should be utilized for planning of high risk projects to be
constructed after 2060 or projects which are not easily replaceable or removable, have a long
design life (more than 50 years) or are critically interdependent with other infrastructure or
services. (For example, water treatment plants.)
Understanding the magnitude of the anticipated sea level rise and the time horizon is fundamental
to framing an appropriate scaled response, both in terms of policy and public investment in
adaptations measures. While the variability in the range introduces some uncertainty, the type of
interrelated impacts we must address are well known. The following text describes concerns
about different types of flooding, storm surge, variable precipitation and saltwater intrusion that
are directly linked to “rising waters”.
Flooding
Sea-level rise is just one adaptation challenge facing Delray Beach and the surrounding region,
but one that is inextricably tied to several interrelated hydrological challenges. The first of these
challenges is flooding.
Rising sea levels will very gradually inundate low lying areas of coastal communities. In Miami
Beach and areas south, communities have experienced severe “sunny day” flooding for several
years, forcing the City to install one-way valves and new pumps as part of their stormwater
system to not just stop ocean water from backing up through the storm drains and flooding
1 Source: Southeast Florida Regional Climate Change Compact, Regional Climate Action Plan (RCAP), 2015,
http://www.southeastfloridaclimatecompact.org/wp-content/uploads/2014/09/regional-climate-action-plan-
final-ada-compliant.pdf
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streets2 but force water out into the bay as gravity driven systems are no longer sufficient. In parts
of Fort Lauderdale, high tides have breached seawalls, flooding streets and yards. This “nuisance
flooding” is more prevalent in Monroe, Miami Dade and Broward County, where urbanized areas
site less than 2-feet above sea level, but also occurs periodically in Delray Beach, as well as in
other Palm Beach County locations. Since 2014, flooding associated with King Tides of the fall
season have been documented along Marina Way, Veteran’s Park and low lying areas on either
side of the Intracoastal, but residents of these areas have also noted coastal flooding regularly for
years. The Marina Historic District is particularly prone to extreme flooding – reportedly as much
as 10 inches on public and private property – during the fall King Tide event.
While rising sea level threatens to gradually
inundate coastal communities, it also diminishes the
capacity of our complex stormwater management
system to effectively drain inland areas to the west.
The diminished capacity results from the smaller
“head” – the difference in water level between the
stormwater on the landward side of the canal’s
water control gate and the water level on the
seaward side of the water control system. Canals
which drain stormwater to the ocean utilize simple gravity. When a control structure is closed,
water rises on the land side of the canal. When the tide is low on the ocean side, the South Florida
Water Management District (SFWMD) opens the control structure and the water draws through.
As seas rise, there will be less of a differential, less “head” between the land side and the ocean
side of the control structure, thus diminishing that rate of drainage. The control structure must be
kept closed so saltwater doesn’t flood inland if the ocean levels are higher than the canal levels. If
water levels meet and surpass the elevation of the 'SFWMD’s pumping stations during future
flood events, this infrastructure must use pumps to push fresh water from the canal to the seaward
side. As climate change increases the frequency of heavy rain falls, the compounded impacts of
high precipitation and higher sea-levels will create a greater risk of both inland and coastal
flooding.
A third type of flooding stems from the rising water table, which will lead to flooding in low-
lying inland areas. As rain saturates the ground and raises the water table, retention basins will
have less capacity to hold runoff. The fact that Delray Beach is at a slightly higher elevation may
“buy our community more time”, but it does not alter the future of rising sea level and increased
extreme rain events. This “extra time” should not lead to complacency, but rather to more
strategic and thoughtful action.
The SFWMD, supported by the work of the Compact, is currently engaged in planning to
prioritize infrastructure upgrades to address these future hydrological challenges for the whole
region. Delray Beach is located in the Lake Worth Drainage District (LWDD) as well as the
coastal drainage area managed by SFWMD. As the City depends on the effectiveness of the Lake
2 Source: Clark, Bruce J., “The Battle for Miami Beach”, Public Works, August 25, 2016.
http://www.pwmag.com/water-sewer/stormwater/the-battle-for-miami-beach_o
The fact that Delray Beach is at
slightly higher elevation may “buy
our community more time”, but it
does not alter the future of rising sea
level and increased extreme rain
events. This “extra time” should not
lead to complacency, but rather to
more strategic and thoughtful action.
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Worth Drainage District infrastructure for drainage in designated coastal areas, it will have to be
an active partner with both SFWMD and LWDD to ensure that appropriate adaptation measures
will be taken.
Figure 2: SFWMD Flood Control Structure, Boynton Spillway
Storm Surge and Storm Intensity
The Southeast Florida coastline is less susceptible to storm surge than other portions of the state
due to the close proximity to deeper water (National Hurricane Center). However the magnitude
of storm surge is predicted to increase on average along Florida’s east coast by 2030 from 0.6m
(1.96ft) for a 10 year return period storm, to 1.05m (3.44ft) for a 100 year return period stor m,
and by 2050 from 0.8m (2.62ft) for a 10 year return period storm, to 1.25m (4.76ft) for a 100 year
return period storm. This will mean the average storm surge along the southeast coast of Florida
will likely double by 2050. Furthermore, the Palm Beach County area has historically been
sheltered to a degree by the Bahama Islands. With the predicted increase in storm surge levels,
much of the Bahamas may be under water, offering the mainland less protection from storm
The SFWMD operates and maintains the regional water management system known as the
Central and Southern Florida Project, which was authorized by Congress more than 60 years
ago to protect residents and businesses from floods and droughts. This primary system of
canals and natural waterways connects to community drainage districts and hundreds of
smaller neighborhood systems to effectively manage floodwaters during heavy rain. As a result
of this interconnected drainage system, flood control in South Florida is a shared
responsibility between the District, county and city governments, local drainage districts,
homeowners associations and residents. 3
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surge. In turn, this will lead to an increased chance of barrier island overwash by storm surge, and
a higher chance for inundation along the mainland coastline. It should be noted that not only will
storm surge impact be felt on the beachside but through the Intracoastal Waterway as well, as
storm surge water passes through inlets and raises water levels in the Intracoastal Waterway.
In an article about the Tebaldi Storm Surge Study by the National Center for Atmospheric
Research (NCAR) it was stated there will be, “likely changes in storm-surge return levels and
frequency of coastal storm surges in the next
decades.” 3
Tebaldi states that what was once referred to as the
“storm of the century” is likely to become a “storm
of the decade” in the future. Also of note, this study
looked at only first-order effects of sea level rise on
storm surge (water levels only) and did not take into
account the compounding effects on storm surge of
increased storm intensity due to climate change. For
example, a 1ºC increase in atmospheric temperature increases water vapor by 7%,
making storms wetter. In other words, looking to our past experience of storms – and of
storm surge - is no longer a sufficient way to form expectations about storm activity in
the coming decades.
Precipitation Variability
Global warming is not only affecting temperatures in southeast Florida, but warmer temperatures
mean more intense storms and rainfall. This will not only affect tropical storms and hurricanes,
but summer thunderstorms and seasonal rainfall patterns as well. On January 12, 2014, a storm
dumped 12-18 inches of rain on the Delray Beach area in just 24 hours. The resulting flooding
caused a dozen patients at Delray Beach Medical Center to be relocated.4 The event was
particularly unusual for Delray Beach because the average rainfall of the entire month of January
is 3.13 inches.5 This is just one example of the increase in rainfall from a storm that occurred
during what is typically the dry season for Florida.
In an attempt to predict what effect climate change would have on storm frequency and rainfall
patterns, researchers from the NCAR, “looked at how storms that occurred between 2000 and
3 Source: NCAR, 2012 National Center for Atmospheric Research/University Corporation for Atmospheric Research. "Extreme
downpours could increase fivefold across parts of the US: Warming climate would also boost individual storm intensity."
ScienceDaily, 5 December 2016.
5 Source: Tebaldi, C., Strauss, B. H., & Zervas, C. E. (2012). Modelling sea level rise impacts on storm surges along US coasts. Environmental Research Letters, 7(1), 014032.
4 Source: WPTV Web Team WPTV News Channel 5 Web Article - http://www.wptv.com/news/region-s-palm-beach-
county/delray-beach/delray-medical-center-flooding-12-patients-moved and https://rainfall.weatherdb.com/l/6904/Delray-
Beach-Florida, data provided by NOAA
5 Source: WeatherDB.com, NOAA WeatherDB – Average Rainfall for US Cities, https://rainfall.weatherdb.com/l/6904/Delray-
Beach-Florida, data provided by NOAA
These estimates, depending on the
location, may significantly alter risk
assessment related to high water
levels and should be considered a
relevant result for stakeholders and
policy makers involved in decisions
about coastal infrastructure and
environmental protection decisions. 5
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2013 might change if they occurred instead in a climate that was 5 degrees Celsius (9 degrees
Fahrenheit) warmer -- the temperature increase expected by the end of the century if greenhouse
gas emissions continue unabated.” The research concluded that, “At century's end, the number of
summertime storms that produce extreme downpours could increase by more than 400 percent
across parts of the United States -- including sections of the Gulf Coast, Atlantic Coast, and the
Southwest”. 6 Some areas, like the Caribbean, decreased in average rainfall, but for Florida it was
a wetter outlook. The IPCC reported in their Climate Change 2014 Synthesis Report that the
average increase in annual rainfall ranged from 10%-20%, by 2100.
Figure 3: Global Predictions for Temperature and Precipitation
Source: ICCP, 2014
Community Impacts: The increase in frequency and intensity of storms, as well as the chances
of prolong drought, will put a greater strain on municipal services. We are well aware that hazard
events trigger an increased cost for emergency services during storms including, Fire, EMT,
Police and hospital services on a local level. This is followed by increases in demand for FEMA
Disaster Response funding, and support for state and county government. But less severe storm
events, those that don’t trigger emergency declaration, have a multitude of interrelated impacts on
local government’s level of service for storm water/flood control, water supply and wastewater
infrastructure. Primary drainage canals may not be able to function without the aid of pumps to
6 Source: NCAR, 2012 National Center for Atmospheric Research/University Corporation for Atmospheric Research. "Extreme
downpours could increase fivefold across parts of the US: Warming climate would also boost individual storm intensity."
ScienceDaily, 5 December 2016.
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offset the effects of sea level rise. 7 The interior portions of the City that have not historically
experienced flooding issues may become vulnerable with the diminished capacity to convey
storm water to the ocean. Storm water infrastructure, including swales and pipes may not have
sufficient capacity to handle the water run-off. Swales may have to be widened or deepened, and
aging pipes will require upgrading. Even wastewater systems may need additional capacity to
handle water seeping in through aging pipes or communities will have to sleeve or replace entire
pipelines. In areas with septic tanks, leeching fields can get saturated, causing sewage to
contaminate backyards. While Delray Beach was foresighted to eliminate septic tanks,
environmental contamination from other communities could be felt indirectly.
Overall, health and wellness after the storms pass will also come under siege. Shallow puddling
that fails to drain and dry can be the ideal environments for bacteria to grow and for mosquitos to
lay eggs, spreading water-borne illnesses and viral diseases like Zika. A report by FAU professor
Frederick Bloetscher (2016) indicated that there are correlations between socially vulnerable
populations and health, but as sea level rose these vulnerable populations not only grew spatially
in southeast Florida, but the number of cases increased within the current boundaries. Bloetscher
explains that some climate change related health projections are a challenge because new
infectious diseases may develop, or previous disease thought to be eradicated may reappear. 8
Intense storm water run-off also raises the specter of blue-green algae blooms. The run-off from
intense rain carries with it fertilizers from lawns and farming activities. As the Florida sun warms
storm water in slow moving canals and retention ponds, it creates favorable conditions for algae
growth. Some forms of algae are toxic to humans and pets, algae increases the incidence of
asthma, can cause skin irritations, and even neurological damage, if ingested.
Saltwater Intrusion
Southeast Florida is at greater risk of saltwater intrusion than other areas of the state, due to the
dense population along our coast and the permeability of the Biscayne Aquifer. The Biscayne
Aquifer is a shallow lens of freshwater saturating a porous limestone base under the ground
surface. It is bounded by saltwater from the Atlantic Ocean that extends under the land mass and
abuts the aquifer on the bottom and sides. Where they meet, a narrow area called the dispersion
zone, there is a mix of salt and fresh water and it is not geographically fixed. The boundary is
dependent on the amount of freshwater recharge from precipitation that filters into the aquifer,
and creates a head of pressure that keeps the saltwater at bay. Wells tap the aquifer and
continually draw water. This depletion of freshwater can change the head pressure, allowing the
dispersion zone and saltwater line to move landward.
7 Source: Obeysekera, J. S. 2009. Climate Change & Water Management: Planning for Sea -level rise. Presentation
to Broward Climate Change Task Force, Science & Technology Subcommittee. Fort Lauderdale, Florida
8 Source: Bloestcher, F. 2016, Can We Project the Health Impacts of Sea Level Rise? Conference Paper · May 2016
DOI: 10.1061/9780784479865.021
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Balancing the demand and supply, while maintaining water quality is a challenge. Population
growth increases the demand for quality potable water for drinking, bathing, and even non-
essential functions like lawn irrigation. Concurrently, land development, including buildings,
parking lots, streets and driveways create more non-permeable surfaces, reducing the area for
rainfall to infiltrate the ground and recharge the aquifer. As consumption increases with
population growth, and recharge decreases, the well fields draw inward on this boundary and
saltwater replaces the freshwater. 9
Figure 4: Saltwater Intrusion
Source:http://dreamingreen.org/why-everglades-restoration-matters-the-importance-of-maintaining-ecosystems-in-a-
human-dominated-landscape/ and SFWMD
The projected sea level rise and predicted variability in precipitation patterns, which may result in
drier dry seasons and wetter wet seasons, pose more complex challenges to our region’s fresh
water. After an intense rainfall during the wetter months, the excess rain is conveyed out to sea by
the stormwater systems to avoid flooding, thereby eliminating the chance for the surface water to
recharge the aquifer. During the extended dry periods of the winter months, the lack of rain
limits recharge and the steady draw lowers the aquifer’s supply, allowing the saltwater boundary
to move landward. The problem is exacerbated in South Florida because the population increases
with tourists and seasonal residents during the dry season, thus increasing the demand for potable
water from November to May, when rainfall is at a minimum. 10
9 Source: Terrazas, Michael, “Saltwater Intrusion: Florida’s underground movement”, American City & County, Feb
1, 2000, http://americancityandcounty.com/mag/government_saltwater_intrusion_floridas 10 Source: Terrazas, Michael, “Saltwater Intrusion: Florida’s underground movement”, American City & County, Feb
1, 2000, http://americancityandcounty.com/mag/government_saltwater_intrusion_floridas
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According to the U.S. Geological Survey, the line of saltwater spreading inland comes close to or
reaches cities from Jupiter to Florida City, including West Palm Beach, Delray Beach, Boca
Raton, Fort Lauderdale, Hollywood and Miami (Reid 2011). Several coastal municipalities have
resorted to drilling wells further west in the County and converting their water treatment plants to
reverse osmosis and nanofiltration technology to combat saltwater intrusion, at great cost to the
taxpayer.
The City of Boca Raton's Glades Water Treatment Plant was upgraded in 2005 with reverse
osmosis technology at a cost of $54 million.11 Their 2009/2010 budget included $3 million for
“design, sighting, and construction of three new raw water wells in the City’s western wellfield
area. These wells will help offset withdrawals from wells that have been decommissioned in the
eastern wellfield to ensure the reduction in potential saltwater intrusion” 12. Palm Beach County’s
2015 Capital Improvement Plan calls for $210 million to be spent by 2020 in the southern portion
of the county on water and wastewater infrastructure. Half of the overall county capital
improvement focuses on water utilities in the County’s southern communities.
Some communities do not have the funds to dig deeper wells or move them westward. They can
use expensive technology to remove the salt and chlorides, but many may resort to buying water
from other utilities at a cost of around $2 per 1,000 gallons. In Broward County, the cities of
Hollywood, Hallandale and Dania have abandoned certain wells close to the coast and have
contracted with the county to tie into some of Broward's inland wellfields. 12 The experiences of
surrounding communities should serve to alert Delray Beach of the water supply issues and
investments we will need to address in the coming decade.
11 Source: Pool & Kent Project Profiles, http://www.pkflorida.com/case-studies/publicgovernment-utility/membrane-
softening-process-addition-glades-road-water-treatment-plant/
12 Source: City of Boca Raton Water Supply Facilities Work Plan, adopted October 2010.
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3. The Economic Challenges of Rising Waters
Hydrological challenges have multiple indirect economic impacts that must be given serious
consideration beyond the physical impacts of rising waters on the built and natural environment
and availability of abundant and high quality water. It is not possible to describe all of the
economic ramifications to each sector, as they are numerous and some may not even be known at
the moment. This report highlights issues related to public revenue and public finance, as these
are of direct concern to local government. The following is a brief discussion of issues relating
to: 1) the risks to the city’s tax-base and public revenue; 2) potential impacts to municipal bond
finance; 3) availability and cost of property insurance, a lynchpin to the health of the real estate
market, and; 4) future land use considerations, Vigilance within all of these important areas is
vital to strategizing for a prosperous future.
Property Tax-base at Risk
In Southeast Florida, the Compact sought to better understand the number and value of assets at
risk of damage from flooding or gradual inundation. An Inundation Mapping and Vulnerability
Assessment Work Group comprised of professionals and resources from the South Florida Water
Management District (SFWMD), local universities, and NOAA Coastal Services Center (CSC)
experts was assembled to perform a macro scale regional vulnerability analysis. This study
determined that the four-county region was vulnerable to $4 billion of financial impact by 2040 in
the one-foot rise scenario, and more than $31 billion once SLR reaches three feet, if no adaptation
measures are taken.
The regional scope of the Compact's mapping and
analysis does not account for specific, community-level
topographic detail or local infrastructure with respect to
future water-related impacts. As a result, the exact extent
of Delray's vulnerability cannot be specified from this
study, but the analytic approach can be borrowed and
applied to Delray Beach.
The RWTF endeavored to sketch a very preliminary
picture of the value of assets at risk. Using a basic
bathtub model, which simply looks at which coastal
geography would be potential flooded by sea level, but
does not take into account storm surge, secondary inland
flooding and the cumulative economic impacts, we identified 317 parcels in the city that may
experience flooding by 2030. This represents approximately $350 million in assessed taxable
value, primarily residential homes along the Intracoastal Waterway. It includes about $2 million
in public assets, including the community center in Veteran’s Park and the Public Marina. By
2060, this number climbs to 762 parcels, with an assessed value of approximately $771 million.
(See maps in appendix)
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These crude estimates were made using the more conservative sea level projections that the
Compact put forth in 2012. The new data, which suggests slightly higher sea level rise estimates
of up to 10 inches over the 1992 levels by 2030 and 26 inches over 1992 levels by 2060, would
yield even higher impacts. The potential for depreciation of our tax base is of critical concern as
this is the very source of public revenue that is needed to fund climate readiness efforts or disaster
response.
TABLE 1
“BATHTUB” MODEL OF DELRAY BEACH
2030
3- 7 Inches
2060
9-24 Inches
Total Number of Parcels Impacted 317 762
Assessed Tax Value of Parcels $349,387,887 $771,467,425
Public Revenue at Risk $2,607,796
(2.5% of 2014-2015
budget)
$5,758,156
(5.6% of 2014- 2015
budget)
Number of Residential Parcels 313 737
Assessed Tax Value of Parcels $316,034,356 $687,557,850
Number of Commercial Parcels 4 24
Assessed Tax Value of Parcels $40,925,554 $117,456,714
Number of Publicly Owned Improved Sites 17 25
Acres of Public Open Space Impacted 42 84
The high degree of vulnerability along the coast relates to the fact that much of the City's building
stock was constructed under building codes and practices that did not consider climate change
impacts. Finished floor elevation requirements, standards for windows, roofs and doors,
specifications for seawalls, location requirements for mechanical utilities, etc., have all been
based on a prior set of expectations of what is required to ensure safe, habitable and durable
structures. The difficult fact facing our community is that those expectations have changed
significantly. Much of our existing building stock – including a culturally valuable array of
beautiful architecture -is vulnerable to various future impacts: many houses, offices and other
buildings sit too low and lack necessary protective design features. Current building codes and
practices – as effective as they have been to date - are not adequate to ensure that future
development will be built to a standard that is climate ready. To better prepare, the specifics need
to be understood at a more granular, parcel-by-parcel basis. The first step is a formalized Climate
Change and Sea Level Rise Vulnerability Assessment, as suggested in the recommendations
section. Planners evaluating the City's future challenges and needs should avail themselves of
new, non-proprietary technological tools that are now more flexible, user friendly and capable of
integrating many factors and variables. Such technology supports scenario-based planning and
creation of a Climate Adaptation and Resiliency Plan.
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Public Finance and Bond Rating
Delray Beach will likely need to fund new climate-resistant infrastructure and respond when
future weather disasters strike. While some projects can be paid for by allocation from the Capital
Improvement Budget, the largest of these are likely to be funded through bond offerings. Given
that bonding is a long-term financial obligation, use of this financing tool must carefully consider
if the project addresses climate adaption needs and is climate resilient.
Maintaining the highest bond rating is very important to keeping the cost –interest -- of these
funds down. The Compact's “Reducing Climate Risk and Creating Economic Opportunity”
resource document warns that “consideration of sea level rise and flood risks in the municipal
bond market is currently low. Disclosure requirements do not yet include tidal flooding, so rates
have not incorporated the additional risk.” The lack of climate awareness will eventually
disappear, so Delray Beach must consider how it can position itself advantageously to be able to
borrow in the municipal bond market.
Maintaining ample cash reserves and demonstrating sound financial management are the primary
ways to stay in good standing with rating agencies. Investing in resiliency and documenting how
resiliency measures protect the city and secure its ability to pay bond holders may also maintain
or elevate the city’s bond rating going forward. Additionally, where bonding is not feasible, there
may also be innovative ways to leverage funding streams across different divisions of local
government to bring projects to fruition. Raising fees or creating special assessment districts are
just two possibilities.
New Orleans’ experience after Hurricane Katrina, of a city that was 80% submerged in water,
offers us an important lesson. After the disaster, New Orleans' bond rating plummeted, further
hampering its recovery process as it was unable to rally funds to rebuild. If climate
considerations had been integral to bond disclosure requirements at the front end – as well as a
greater part of capital investment planning - perhaps New Orleans's prior mitigation investments
would have been more strategic and forestalled such a financial and social disaster.
Insuring Private and Public Assets
Home and business owners in Delray Beach, as well as elected officials and City staff responsible
for public assets, depend on the insurance risk management assessment processes for response to
severe weather events. Unfortunately, insurance rates are not currently set with adequate
consideration for climate factors or for the longer time horizon of climate change. Further, with a
growing number of federally declared disasters nationwide, federal resources like the National
Flood Insurance Program (NFIP), upon which many financed property owners in South Florida
depend, are likely to become increasingly strained. As a community, we will need to take new
steps to prepare for the risk within our City limits.
In this section, we will discuss three important issues related to insurance and climate change: (1)
the availability and cost of private residential property insurance; (2) the rising cost of flood
insurance, with special attention to the relevance of NFIP flood mapping; and (3) the problem of
dwindling FEMA resources and competition for resources for public disaster relief and
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preparation. We will explore the opportunity to create reserves and thus move towards greater
self-reliance and “self-insurance”, while also making better use of existing resources such as
NFIP's Community Rating System (CRS) to reduce premiums.
Availability and Cost of Private Homeowners Insurance
As many Florida homebuyers and owners know, there are a limited number of options to obtain
private property insurance and it can be very costly. The volatile and high rates can be a heavy
burden and markedly impact real estate sales. For those who live on fixed incomes, the high cost
of homeowner insurance and the additional flood insurance can become untenable and many
choose to reduce or abandon it, leaving them underinsured in the face of catastrophe. Being
underinsured is a tenuous situation for the homeowner and strains FEMA resources upon which
they rely when disaster strikes. Ultimately, taxpayers carry the economic burden for those
underinsured, through the provision of disaster relief funds, clean-up costs and even
unemployment compensation, as the economic ripple is felt throughout the local economy.
The Volatility and Rising Cost of Flood Insurance
NFIP's flood insurance rates have become somewhat volatile and may become more so. Rate
changes directly impact the affordability of privately-financed homes for homeowners and
homebuyers alike. Given the wider understanding of the changing South Florida climate, rates
are likely to rise, and perhaps suddenly rather than gradually, as risks associated with sea level
rise and climate change are more accurately tied to insurance rates.
New flood maps will be published and insurance rates will go into effect for Palm Beach County
after March 2017. This is the first map revision for the area since the 1980s. Preliminary maps
released by FEMA in 2013 added 62,000 properties to high risk flood zones. Map revisions
(many in the western parts of the County) based on new data provided to FEMA since 2013 have
reduced that number of high risk properties by over half, but a substantial amount of coastal
properties will see increases in their flood insurance rates. 13
The real estate market of Delray Beach may be directly impacted by these private property
insurance and flood insurance sector issues now or in the future. Local home values will
understandably decline if mortgage-backed buyers are driven to purchase elsewhere by the high
cost and difficulty of insuring a residential property. Reliance on cash buyers alone is not
adequate to build and maintain a diverse and long lasting homeowner tax base. Also, lower
property values mean lower property taxes.
13 Source: Hurtibise, R., “FEMA: New Palm Beach County flood maps should be in effect by spring 2017”
http://www.sun-sentinel.com/business/consumer/fl-pbc-fema-flood-map-update-20160426-story.html
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Public Resources for Disaster Preparation and Relief
With the incidence of federally declared disasters on the rise, it is reasonable to expect that
FEMA resources will become more strained over time and there will be increased competition for
the resources. In turn, our City may find itself more on its own in guarding against, planning for,
and recovering from severe weather impacts and rising waters. In anticipation, Delray Beach
might consider maintaining cash reserved as a form of self-insurance for our public assets.
Funding this reserve may compete with other funding needs in an already strained fiscal budget
but it emphasizes the importance of preserving our tax base. Failure to insure our public assets
means they may not be repaired or rebuilt after a disaster event.
In the interim period, it is in the best interest of public and private property owners to advocate
for greater inclusion of weather and climate factors in the risk assessment process, as this makes
the costs of insurance more predictable and equitable. In a resource document published by the
Compact entitled “Reducing Climate Risk and Creating Economic Opportunity” (2016), risk
management professionals advise public and private property owners to “advocate for risk
evaluations that account for climate factors from the outset” and to “embrace new non-
proprietary technological tools to help evaluate and plan strategic public investments”. They
encourage local government, when possible, to “secure multi-year insurance packages that add
predictability by smoothing out budgetary fluctuations and provide rebates when losses have been
averted” and to “use Enterprise Risk Management insurance instruments where and when
possible, to gain fuller coverage.”
Leveraging Existing Resources to Manage Premiums
Maximizing participation in the NFIP's Community Rating System (CRS) is an important means
of managing insurance cost and taking climate-readiness action steps. The CRS, a voluntary
program, recognizes floodplain management and outreach activities performed by communities
that exceed the NFIP minimum standards. Active participation in the CRS program can reduce
the cost of flood insurance premiums by 5 to 45 percent depending on the rating level achieved
by the municipality. Delray Beach currently holds a CRS Class 8 rating, which equates to a 10%
reduction of premiums in the Special Flood Hazard Areas (SFHA). In comparison, the City of
Boynton currently holds a CRS Class 7 rating, which allows a 15% reduction in premiums, and
Palm Beach County, a CRS Class 5, which allows for a 25% reduction, according to The Florida
Division of Emergency Management (FDEM).
The CRS recognizes 19 creditable activities organized under four categories: Public Information,
Mapping and Regulations, Flood Damage Reduction, and Warning and Response. Delray Beach
could readily undertake activities in these categories to improve its standing in the CRS program,
reduce (SFHA insurance premiums, and remain competitive with other communities in attracting
and retaining residents.
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TABLE 2
CRS CREDIT POINTS AND ASSOCIATED FLOOD INSURANCE PREMIUM REDUCTIONS
Credit Points CRS Class SFHA NON-SFHA
4,500+ 1 45% 10%
4,000 - 4,499 2 40% 10%
3,500 - 3,999 3 35% 10%
3,000 - 3,499 4 30% 10%
2,500 - 2,999 5 25% 10%
2,000 - 2,499 6 20% 10%
1,500 - 1,999 7 15% 5%
1,000 – 1,499 8 10% 5%
500 – 999 9 5% 5%
0 – 499 10 0 0
(Source: www.floridadisaster.org)
The City should be mindful that CRS-approved activities are subject to a 5-year CRS review
cycle (for Class 6 to 9). Work to identify which of the 19 creditable activities, including possible
future land use, building code changes and enforcement that could be converted to action items
should be undertaken. While the City has already engaged a CRS consultant, some of the action
items will require capital investment and public support. These projects should be considered as
part of the broader community vulnerability assessment that this report recommends.
The costs of preparing and implementing adaptation techniques before severe damage occurs are
much lower than recovering after significant storm events and then implementing the needed
changes. An example of one such City program already in place is the very successful system of
vegetated dunes. Before the beach renourishment and dune restoration program was initiated in
the 1970’s and 1980’s, storms frequently washed out Ocean Boulevard and caused property
damage further inland. Recently, Hurricanes Sandy and Mathew have impacted Delray Beach,
but our beaches and dunes did their job in absorbing the shock of the storm and saved the road,
infrastructure, and properties further inland. The earlier investment in the beach and dune system
paid off for Delray Beach.
Future Building and Land Use Considerations
New construction can affect the economic well-being of Delray Beach either positively or
negatively, depending on how successfully the City prepares for predicted future storms and
rising water. Well placed and well-built structures and infrastructure will give our community a
competitive advantage, safeguarding people and property and fostering resiliency. Poorly
planned development will very likely result in individual and collective financial losses.
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Now is the time to put in place strong incentives for more resilient development. Presently the
city codes allow buildings at the Base Flood Elevation (BFE) of 6 feet NAVD. A more prudent
approach required by Executive Order13690 in January of 2015, mandates that buildings using
federal funds to be constructed at BFE +12 inches or more. To be prudent, Delray Beach may
consider more than 12” Building at higher elevation is perhaps the most straightforward
development strategy in the face of rising water. Comprehensive land use planning is the best
means to achieving higher density development in strategic, high-elevation sites, while
discouraging development in low elevation locations. Building codes and judicious enforcement
are the best means to encouraging storm-ready
and climate resilient construction.
However, there are other tools. Delray Beach
can also make use of a standards set by the
Florida Green Building Coalition (FGBC), a
state-wide organization that promotes
sustainability in the built environment. Its
certification process assures that buildings are
constructed to climate-resistant (and other
environmentally sustainable) standards. FGBC
applies Florida climate-specific standards that
address future water impacts in their
independent evaluations. The Florida Statutes named FGBC as the one of the three acceptable
standards for the construction of new government buildings. To the extent that FGBC-certified
“green building” can be strongly encouraged
in Delray Beach, any new housing stock,
commercial construction or public facilities
built will be better ready to stand the test of
time and the elements.
Ultimately, increasing the use of “green”
building standards, including base flood
elevation standards that respond to the
Compact's Unified SLR forecast, will be
important elements in the community's approach to future flood management. Whether in the
realm of public or private development, Delray Beach should encourage developers to collaborate
in the creation of climate-resistant buildings and infrastructure. Private developers stand to profit
from the increased demand for such products, a demand will certainly grow over time.
[Designing for risk reduction] not only makes
sense, but...also makes money for developers
and owners. Resilience plays out not just in
managing risk, but also in maintaining value...
The payback...can be measured in cost savings
from preventing damages and reducing
operating costs, as well as revenue
enhancements from improved marketing,
company brand, and project image.1
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4. Recommendations of the RWTF
Communities around the world have taken a
variety of approaches to sea level rise preparation,
ranging from doing what is needed to stay in place,
to retreating from inundated lands. As shown in the
graphic, approaches are of three types:
Accommodate, Protect, or Retreat, but aspects of
each overlap, allowing one to frame a hybrid
approach. In a blended approach, policymakers
pick and choose from an array of options, based on
the specificities of location, vulnerability, tolerance
for risk, political and public will to invest resources
and assign cost and benefits. Policymaking is
messy. Climate adaptation policies are especially
challenging due to the long timeframe, the
magnitude of uncertainties, and most importantly,
the desirability and value of coastal resources.
The City of Delray Beach has an
opportunity now to choose how it
will remain resilient. The six
recommendations and associated
action steps of this RWTF report
put forth ideas that accommodate
and protect against “rising waters”
in the community. The RWTF
urges the City of Delray Beach to
account for flooding and higher
coastal waters in its land use
planning and development codes
and also build (or modify) critical
infrastructure to standards that
protect against water inundation.
Doing so will support a future in
which Delray Beach continues to be
a desirable place to live, work and
visit.
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Recommendation 1: Be Proactive and Process Driven
The RWTF recommends establishing a formal, proactive plan to mitigate and adapt to climate
change impacts, including extreme rain events, increased tidal flooding, storm surge and sea level
rise. A formal, proactive approach means accelerating the adaptation planning process by
dedicating sufficient staffing and monetary resources needed to:
Conduct a comprehensive climate vulnerability assessment;
Vet alternative adaptation measures in terms of cost, effectiveness and feasibility of
implementation;
Determine what measurable indicators will trigger timely sequencing of implementation (Ref:
Miami-Dade Sea Level Rise Task Force);
Enact planning policies that will enable appropriate planning intervention; and
Put in place mechanisms that will provide funding for both planning and implementation of
these measures.
Justification: The RWTF met for over 18 months, listened to numerous topic experts,
participated in workshops, reviewed sea level rise, storm surge, and flood maps, evaluated
quantitative and qualitative data, and collected examples of adaptation planning from cities
around the country. It became clear that the highest quality plans and approaches were created by
organizations with paid resources. To create an actionable plan, data must be purchased and
experts hired to analyze data, evaluate options, engage in a substantive public
participation/engagement process and work alongside city staff to guide the process to fruition.
As this task force is comprised of voluntary members and supported by one city staff person, the
RWTF is best positioned to review best practices and inform, but not execute, a formal proactive
planning approach. The task force can, however, outline some action steps and a process.
1.A Action Step: Align funding and appropriate staffing for a multi-step climate
adaption planning.
Refine job responsibilities in appropriate city departments to engage a variety of municipal staff in
aspects of adaptation.
Reorganize staffing so that the Sustainability Officer reports directly to the City Manager, and create a
Department of Sustainability and Resiliency with resources to develop and implement adaptation
recommendations.
Optimize climate change training for city staff and align training with continuing education credi t
requirements for professionals. This includes sending employees (again) for NOAA training, and
sending staff to appropriate conferences and workshops at the county, regional, state and federal and
international level. For instance, we can learn from the Netherlands and from island nations.
Seek and hire qualified consultants to research, craft and help implement climate adaptation initiatives.
The appropriate consultant should have multi-disciplinary planning and engineering skills, as well as
local knowledge. We suggest avoiding firms that provide ‘cookie cutter’ plans and organizations that
represent a disciplinary perspective such as real estate, insurance, or engineering. It may be optimal
to create a “team” of small firms and individuals rather than contract one large national or regional firm.
Collaborate with university researchers as a case study and engage university students as interns that
can support the city’s departments and the consultant’s work. These need not only be local
universities, but rather nationally recognized Tier I research institutions.
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1.B Action Step: Conduct a Vulnerability Assessment (Vulnerability = Exposure x Risk)
– A quality vulnerability analysis must be conducted by experts in the field of
climate risk with best available data.
Some of the data can be “mined” from existing sources; other data will need to be generated
specifically for the City of Delray. It is recommended that Delray Beach seek information from
Palm Beach County. Below is a detailed checklist of the components a Vulnerability Analysis
should include:
Determine:
Areas subject to sea level rise at 1 to 2 feet, along with a table identifying the number of assets, the
value impacted.
Areas subject to storm surge, including the number of assets and the value.
Areas subject to inland flooding including number of assets, value and areas not directly impacted, left
inaccessible due to an event.
Critical assets mapped over different types of inundation risk
Potential impact to vulnerable populations.
Potential influx of “climate refugees” from areas south.
Areas along the ridge, at higher elevation, to receive increased density development
Areas subject to sea level rise at 1 to 2 feet, along with a table identifying the number of assets, the
value impacted.
Identify:
Commercial and residential property (number of units and value, insured risk, taxable value).
Public facilities (fire, police, schools, art/culture, marina).
Infrastructure (wells, electrical substations, transportation nodes, outflow valves, septic from
neighboring areas).
Natural resources, beaches and open space and the impact on tourism.
Social or demographic population risks, including the elderly and less affluent, cohesion of the social
fabric and civic engagement, and consideration of the potential for displacement or gentrification.
Commercial and residential property (number of units and value, insured risk, taxable value).
Provide:
Analysis of relative location geographically and topographically, including maps of elevatio n with
LIDAR specifically and key hydrological features (canals, Lake Ida, water table).
Digital building footprints and ground floor elevations for all structures, if possible, or at minimum, high
risk areas.
Forecasts for sea-level rise 10-year and 30-year horizon.
Nuisance tidal flooding and nuisance precipitation flooding.
Saltwater intrusion assessment.
Creation of elevation and groundwater maps, along with flood zones, to provide to homeowners and
buyers.
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1.C Action Step: Based on Vulnerability Assessment, Begin vetting different
engineering solutions for applicability to Delray Beach.
Cost/benefit should use full cost accounting methodology, feasibility of implementation,
appropriate scheduling and identification of funding. These include for example: flood protection,
flex valves, hard and soft armoring, road and bridge designs, new bio-swale retention areas,
cisterns for water capture, etc.)
Specifically, the RWTF suggests to:
Continue the dune management program and enlist cooperation of p rivate property owners in adjacent
parcels.
Evaluate beach restoration program and its funding needs. Plan for projects in an era of diminishing
federal and state resources.
Require new or replacement/upgraded sea walls to be at a minimum elevation of 5 feet (NAVD88)
following the policy of Miami Beach and Gulf Stream, and based on the Southeast Florida Regional
Climate Change Compact Sea Level Rise Projections. Ensure that code enforcement can evaluate
and cite the lack of maintenance of a sea wall.
Consider investments in soft armoring. New living shoreline building techniques should be evaluated
before hard armoring, and an integrative approach might be best.
Develop methodology for prioritizing adaptation responses to specific rising water threats. Decisions
will hinge on public tolerance for impact, cost, and what falls into public versus private investment.
Devise a participatory community engagement process.
Evaluate assets and develop a ranking of projects.
Integrate priority projects in the City's Capital Improvement Program.
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Recommendation 2: Plan Adaptation Comprehensively
Incorporate climate change impacts and adaption into all policy and planning documents that
impact the city’s physical fabric and economic growth. This begins with adding climate impacts
and resilience strategies to goals and objectives in all applicable elements of the Comprehensive
Plan, including future land use, coastal element, parks, transportation, and infrastructure. At the
time that the Comprehensive Plan is updated, a climate resiliency chapter should be added.
Simultaneously, climate adaptation projects and funds for these initiatives must be in the Capital
Improvements Plan (CIP). Climate impacts and policies must be incorporated in the Post-Disaster
Redevelopment Plan, and appropriate changes made to the city’s Building Code. These efforts
should be implemented by the City’s Planning and Zoning Department and the Environmental
Services Department and coordinated by the City’s Sustainability Officer.
Justification: Florida has a multi-layered planning process that is woven through several
agencies at different levels of government. Additionally, because of our long history of
addressing weather-related natural hazards events, the city, county and state government have a
relatively robust hazard mitigation policy framework and event preparedness and response
approach. Ideally these efforts are synergistic, and together they provide a platform on which to
advance a comprehensive climate change adaptation planning process. The RWTF acknowledges
the power of these planning tools and believes that they can be strengthened to advance best
practices with respect to climate adaption. Following are ideas the Task Force believes should be
considered relative to each plan.
2.A Action Step - Review and Amend Comprehensive Plan.
In the Future Land Use Element:
Establish policies and incentives to discourage development in high-risk areas.
Identify land for acquisition related to climate risk and water storage.
Identify resilience zones to which growth should be redirected and develop policies that encourage
responsible, compact, eco-friendly development. Engage the CRA in encouraging development of
resiliency zones.
Use the State’s new Adaptation Action Area (AAA) designation to delineate areas requiring specific
planning attention and investment. When implementing AAAs it’s helpful to create a revenue
generating mechanism to fund resilience projects in the AAA.
Consider creation of an innovative Transfer of Development Rights (TDR) program for repositioning
assets in resilient locations.
In the Coastal Element:
Add sea-level rise scenario projections to the plan.
Assess beach management and dune management needs with consideration of dwindling federal and
state resources.
Identify how to coordinate with private property owners for effective interventions of shoreline and
dune preservation.
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Develop a “rolling easement”14 tool that can help manage rising water and erosion issues on private
property.
Forge regional cooperation to consider floodgate protection of ocean inlets against storm surge.
Develop policies and outline a plan for eventually dismantling the built environment when retreat is the
desired option.
In the Economic Development Element:
Market Delray Beach as climate forward and use this branding to encourage companies to locate
here.
Recruit companies that create and provide climate resilient products and services.
RFPs for development must have a green infrastructure component and weight is placed on this
aspect in the selection process.
Incentivize action on resilient features in private development through rebates/tax credit.
Address the potential gentrification issues related to climate -related relocation and investments away
from affluent coastline areas to lower-income higher-inland areas.
Explore innovative community-based or pooled insurance mechanisms that mitigate risk and reduce
costs. (see recommendation #4)
In the Infrastructure Element:
Assess the validity of the assumptions in the storm water management plan.
Assess design standards for roadways and sidewalks considering a future with intense precipitation.
Prioritize investment in infrastructure that prevents flooding and has positive cost/benefit outcomes
(valves, pumps).
Identify areas where public infrastructure will be abandoned.
Invest in long-term infrastructure in safe areas, thus directing development to these more resilient
locations.
In the Conservation Element:
Create new conservation easements for water storage.
Optimize land conservation and parkland for water retention with appropriate landscape.
Require additional onsite water storage elements, swale, rain gardens, green roofs, water barrels.
Promote xeriscape in both public and private (commercial and residential) projects.
Require/incentivize shading and foliage to reduce heat island effect of urban areas.
Expand the capacity of the “reclaimed” “grey” water infrastructure.
2.B Action Step - Capital Improvement Plan (CIP).
In assessing the costs and benefit of projects to be put into the Capital Improvement Plan, the city should
use an environmental full cost accounting method (EFCA), incorporating indirect cost and benefit of each
mitigation approach. Capital investment projects should consider climate change projections, assuring that
investments retain functionality for the complete expected lifespan of the project.
The CIP must list all types of mitigation projects needed, as grant and funding applications often require
the project to be already listed on a city’s CIP to be eligible for consideration. The City’s CIP must include
14 http://papers.risingsea.net/rolling-easements.html
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raising the height of seawalls on public lands, and assistance or policy initiatives for private seawall
throughout the city’s coastal boundaries.
2.C Action Step – Modify Post-Disaster Plan.
Review and rewrite post-disaster redevelopment policies D-3.2, D-3.3 and D-3.5 contained in the coastal
element of the Comprehensive Plan so that we do not sanction rebuilding of assets to standards of the
previous building that was destroyed. Rather, buildings that are more than 50% destroyed by a flooding
event – or perhaps even 40% - should incorporate new “best practice” regulations. The additional cost to
the owner should be incentivized though a tax credit mechanism.
Identify climate adaptation related projects that can be submitted to the county for funding as part of the
Local Mitigation Strategy Document and have a steady representation on the County's LMS Committee.
This is important, as only projects approved on the LMS are eligible to receive FEMA Mitigation Grants.
2.D Action Step – Revamp LDR and Building Code.
New standards are needed for future building construction. We would be wise to examine and modify our
LDRs and update building codes to provide consistent and clear guidance to builders and developers,
including a forward-looking base flood elevation (BFE). These codes - and this BFE - should reflect a long
term, reasonable forecast of sea level rise, such as can be found in the Compact's Unified Sea Level Rise
Projection adopted by the four counties of the Compact in 2015.
Re-evaluate building codes in vulnerable areas and Adaptation Action Areas (AAAs).
Implement a Climate Change Preparedness and Resiliency Checklist for New Construction.
Plan for and incorporate water retention infrastructure in the building code for new construction.15
Create fast tract approaches for building changes to existing structures that increase resiliency. The
City's complex board review may need to be streamlined for changes regarding res iliency.
Assess building height restrictions that impede raising buildings. Incentivize higher freeboard (12 or
more inches) which raises buildings above the required BFE.
Review and change if necessary regulations regarding the location of building mec hanicals.
Create ordinance that requires landlords to provide air conditioning in buildings.
Require redundant critical infrastructure (generators, pumps, etc.) in certain types of facilities.
Facilitate xeriscaping by making sure the City's Landscaping LDRs and HOAs allow it. Offer
educational workshops on the topic through our community garden network.
Revaluate and discourage underground uses (including parking and storage) in inappropriate
locations.
15 The City of Boston, has done this and their document can serve as a starting point.
http://www.bostonredevelopmentauthority.org/planning/planning-initiatives/climate-change-preparedness-and-
resiliency
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Recommendation 3: Allocate Monetary Resources
Develop a strategy for addressing the monetary costs of adaptation. The City or public sector will
require budget allocations or grants, while homeowners or businesses might require public
incentives to motivate investments in adaptation. Thus, the City must consider strategies for
creating a dedicated pool of funds that can grow over time and be available in the future for
infrastructure improvements, retrofitting, or to off-set tax-incentives related to climate adaptation.
Justification: ‘Sunny day’ planning and retrofitting is often more cost effective than emergency
response. Managing the impacts of rising waters will require investment in some ‘engineered
solutions’; things like backflow prevention valves on discharge pipes, raising roadways, bridges
and sidewalk, retrofitting draining systems, and some ‘land planning” solution, such as purchase
of land, conservation easements and development rights. The ability to execute any type of
project in a timely manner is often dependent on having public funds available and earmarked for
these types of projects.
As more municipalities face the need to implement adaptation responses, one can anticipate
increased competition for grant funding from state and federal sources. Moreover, grants often
require “matching” funds. Municipalities that have already dedicated funding allocations for
adaptation will find it easier to obtain additional resources, especially if the amounts sought are
smaller. Thus, planning by identifying revenue sources in the present term and allowing reserves
to grow will allow the City to address mitigation activities more easily in the future.
3.A Action Step – Reinvest savings obtained by improving CRS rating.
Use the savings on insurance obtained by lowering the City’s the CRS rating to create a pool of funds for
future adaptive projects. If City enjoys a reduction in the premium costs of insurance on public property, then
funds from CRS program savings may be re-deployed for adaptation. While the City currently only holds
three policies with a total 2016 premiums of $8673, that would benefit from a CRS rate reduction, the
$1,300 savings gained from a 15% premium reduction could fund small public education outreach efforts, at
a minimum.
3.B Action Step – Today’s capital improvement projects and maintenance investment
should already take into account higher standards.
Begin incremental adaption by making sure capital projects built today achieve higher standards needed to
address climate impacts in the long term. Achieving the higher standard may be slightly more expensive, but
will be more cost effective than replacing things before they’ve reached their maximum lifecycle. All
expenditures made from dedicated sources should consider climate adaptation as criteria.
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3.C Action Step – Look at fees and taxes that can be funneled for adaptation reserve
funds.
The city’s budgets are already tight, but it may be prudent to create a climate adaptation fund. Otherwise, we
might use existing funds and sources, such as the Special Revenue funds to creatively advance adaptation
goals. The Recreation Impact Fee can be used for land purchase of retention areas, Public Art Program can
install public art that raises awareness of climate impacts.
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Recommendation 4: Leverage Insurance Products
In conjunction with the need to develop financial instruments that facilitate adaption responses,
we urge the city to examine and address the important role insurance can play in mitigating risks
of rising water events. Insurance rates and availability can catalyze action on adaption by private
property owners, or conversely, stifle economic prosperity if rates rise precipitously, or insurance
becomes unattainable.
Justification: The inability to obtain insurance coverage, either because companies will not
underwrite, or costs are too high, can hamper commercial financing and property transactions. A
thorough analysis of the insurance issue, including the impact of rising NFIP Flood Insurance
rates, the availability of property insurance and commercial insurance products, like Business
Interruption Insurance is needed. This analysis might entice the city to considering the following
actions, or reveal new cutting edge approaches.
4.A Action Step – More education outreach regarding insurance.
Request that the City’s economic development professions organize an education outreach program for
residents, property owners and business owners on climate resilience and insurance.
4.B Action Step - Develop ways to document resilience efforts and preparedness.
Support development of a “model resilience plan” for use by businesses owner/commercial property owners.
Having a plan may assuage insurance companies' concerns of climate impact risk and permit them to issue
policies and contain the cost of the policies.
4.C Action Step – Consider innovative insurance tool that are emerging in response to
climate impacts.
Explore the feasibility of creating a Delray Beach “self-insurance” or local pooled risk, for public buildings.
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Recommendation 5: Educate the Public
Raise public awareness of climate impacts through targeted climate education programs and
broader public outreach events. Outreach must occur at multiple levels including: homeowners,
neighborhood associations, property managers, business owners, real estate professionals, civic
organizations, youth, public servants and city employees.
Justification: It is important for the city to support efforts for public education on climate change
impacts. Informed citizens make better personal choices regarding their properties, vote more
responsibly and more likely to support necessary decisions made by city leaders. Adapting to
rising waters will require investment, both public and private, and modification of regulations at
various levels. Citizens will be reluctant to support new regulations, public investment, or
revenue generating initiatives unless they fully understand the ramifications of inaction and the
benefit of proactive adaption. Likewise, public officials and employees of the city must be
“climate smart”, enabling them to consider climate impacts in their day to day decision making.
Awareness and education is a critical step to garner ongoing support. If these efforts are
organized under a formal Public Information Program, this will also improve the City’s CRS
rating.
5.A Action Step – Identify and sponsor climate education programs.
Develop and host public programs at the library or in town hall format, as well as symposiums or workshops
that might be held in the city. Programs could also be developed thorough the public schools or by the Parks
and Recreation Department or by the City’s Sustainability Officer. City employees should receive climate
education though local universities, or by attending relevant conference/workshops programs.
5.B Action Step - Raise awareness at public events in Delray Beach.
Public outreach can be organized around existing events, including the King Tides, Earth Day, and the
beginning and end of Hurricane Season. Climate education could also be coordinated during the weeks
leading up to elections, when referendums on development, fees, and taxes are on the ballot.
5.C Action Step – Improve the city’s parcel database and make it accessible.
The City should create and maintain free, publicly available information regarding parcel elevation,
groundwater levels, and flood zones for homeowners and businesses.
5.D Action Step - Support innovative data collection that engages citizens.
Set up publically visible monitoring points in vulnerable areas to measure and evaluate changes. Engage the
public in the effort through photographs, collection of quantitative measures of rainfall or tide rise, and
qualitative data including oral history of long term residents.
5.E Action Step – Work with the real estate community on proactive solutions
regarding disclosure.
Work with the real brokerage community to explore how building elevation, flood risk, and storm surge risk
might be disclosed during the due diligence period, prior to closing on real estate transactions.
5.F Action Step – Post floor elevation placards for all public buildings (similar to
capacity numbers used in public meeting spaces).
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Recommendation 6: Harness Economic Development
Leverage the City’s commitment to being a pro-active adaptation leader as a strategy for
additional economic development, including recruiting business focused on sustainability,
encouraging adaptive tourism, and obtaining grant money.
Justification: As only a handful of localities have taken substantive steps to mitigate climate
impacts and rising waters, there is still an opportunity to be recognized as a “leader” in the field.
Establishing this reputation can contribute to the city’s economic growth; making it easier to
obtain grants and resources, as well as preserve the city’s bond rating. Cities that are at the
forefront of adaptation may be considered “safer”, and thus a desirable destination for companies
looking at the South Florida Market. It may also be possible to attract companies that focus on
adaptation technologies and materials. Additionally, in the realm of grant funding, it is important
to be an innovative early adopter, and it is easier to get funding once you already have a track
record and momentum. Delray Beach is well positioned to obtain federal, state and private grants
on climate adaptation or education, especially if we maintain and empower a
resilience/sustainability officer, we document a track record of innovation and implementation,
and we have matching funds for projects.
6.A Action Step – Send City staff to participate and present on clim ate at professional
functions.
Make sure that the city is represented, both by attending and by sending a speaker to major conferences
where climate adaptation is discussed. These could include: American Planning Association, EPA
workshops, NOAA, League of Cities and others. Ft. Lauderdale is an excellent example of how city
professionals can bring recognition to a city regarding climate adaptation.
6.B Action Step – Use press and media to generate positive image of City’s
commitment to climate education.
Publicize climate education initiative in the local press and make sure that local reporters cover news related
to adaptation projects in the city.
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The Report and Recommendations of the Delray Beach Rising Waters Task Force April 2017
5. Conclusion
Rising waters, both from sea level rise and intense storm events, pose a danger to the health of
coastal populations and property locally and around the world. These dangers are dramatically
apparent during tropical storms and hurricanes, when storm surge and inland flooding cause loss
of life and billions of dollars of damage. Even the minor inconveniences of nuisance tidal
flooding will, over the long term, cause serious problems as their frequency and severity increase.
Delray Beach will face increased flooding, storm surge and intensity, precipitation variability and
saltwater intrusion in the decades to come. The City is fortunate to learn from other Florida
locations that are experiencing these impacts now. This should not lead us to complacency.
Adaptation techniques are being developed regionally, nationally, and globally to deal with the
threats posed by rising waters. We must adapt as well.
The costs of preparing and implementing adaptation now is lower than the cost of recovery and
responding to problems once they occur. Investments in adaptation will need to be defined in 15,
30, and 50 year time horizons, or roughly the lifecycle of various municipal infrastructure
elements and private property buildings. Budget reserves must be considered with similarly long
time horizons, thereby allowing funding mechanisms to accumulate those reserves. The
investment amounts are NOT staggering if viewed over these long time horizons. The amount of
infrastructure costs and reserves needed over the long haul will require buy-in from the City’s
taxpayers into a long-term sustainability program, which can only be accomplished through a
serious, continuous, and transparent public engagement program.
The RWTF was guided by principles that include ideals such as foresight, cooperation, synergy,
resiliency and hope. We have presented the Recommendations of this report with the intention of
engaging the leadership of our current and future city commissions. As a small city, we need to
employ innovative tools from the public and private sectors to advance our goal to remain a
vibrant and resilient community.
The time to begin the work of climate adaptation is now!
Elevating the Discussion of Rising Waters: The Report and Recommendations of the Delray Beach Rising Waters Task Force
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The Report and Recommendations of the Delray Beach Rising Waters Task Force April 2017
6. References
Andreas F. Prein, Roy M. Rasmussen, Kyoko Ikeda, Changhai Liu, Martyn P. Clark, and Greg J.
Holland. The future intensification of hourly precipitation extremes. Nature Climate
Change, December 2016 DOI: 10.1038/NCLIMATE3168National Center for Atmospheric
Research/University Corporation for Atmospheric Research. "Extreme downpours could
increase fivefold across parts of the US: Warming climate would also boost individual
storm intensity." ScienceDaily. 5 December 2016. www.sciencedaily.com/releases/
2016/12/161205113434.htm.
Berry, Dr. Leonard, Florida Atlantic University Center for Environmental Studies, “Development
of a Methodology for the Assessment of Sea Level Rise Impacts on Florida's
Transportation Modes and Infrastructure: Synthesis of Studies, Methodologies,
Technologies, and Data Sources Used for Predicting Sea Level Rise, Timing, and Affected
Areas in Florida”, 2012,
http://www.fdot.gov/research/Completed_Proj/Summary_PL/FDOT_BDK79_977-
01_rpt.pdf
Bloestcher, F. 2016, Can We Project the Health Impacts of Sea Level Rise? Conference Paper ·
May 2016 DOI: 10.1061/9780784479865.021
Center for Climate Strategies Adaptation Guidebook, Comprehensive Climate Action Appendix 3
page 99-121 found at www.climatestrategies.us downloaded January 27, 2105
City of Boca Raton Water Supply Facilities Work Plan, adopted October 2010.
City of Coral Gables. (2016) Legal Considerations Surrounding Adaptation to the Threat of Sea
Level Rise. City of Coral Gables, FL September 26 2016 white paper
Clark, Bruce J., “The Battle for Miami Beach”, Public Works, August 25, 2016.
http://www.pwmag.com/water-sewer/stormwater/the-battle-for-miami-beach_o
Deconcini, Christina and Forbes Tompkins, World Resources Institute, “Sea-Level Rise and Its
Impact on Florida” Fact Sheet, 2012,
http://www.wri.org/sites/default/files/pdf/sea_level_rise_in_florida.pdf
Dream in Green - http://dreamingreen.org/why-everglades-restoration-matters-the-importance-of-
maintaining-ecosystems-in-a-human-dominated-landscape/ and SFWMD
Florida Atlantic University, Florida Center for Environmental Studies, “Southeast Florida's
Resilient Water Resources: Including a Case Study for the City of Pompano Beach”, 2011,
http://www.ces.fau.edu/files/projects/climate_change/SE_Florida_Resilient_Water_FAU20
11.pdf
Folger, Peter and Carter, Nicole. (2106) Sea-Level Rise and US Coasts: Science and Policy
Considerations. Congressional Research Service 7-5700, R44632 Washington, DC.
September 12, 2016
Gillis, Justin. 2016 “Global Warming’s Mark: Coastal Inundation, Decades of Warning by
Scientist are No Longer Theoretical” New York Times. September 4 2016 A1
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Elevating the Discussion of Rising Waters: 35 ESA
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Gundlach, Justin. (2015) Incorporating Sea Level Rise Into Flood Maps: Advisory Council’s
Interim Report to FEMA, Columbia Law School Climate Law Blog (November 27, 2105
available at http://blog.law.columbia/climatechange/2015/11/27/incorporating-sea-level-
rise-into-flood-maps-advisory-councils-interim-report-to-fema
Howard, Mark R., Florida Trend Magazine, “Fix it: Florida's Distorted Homeowners Insurance
Market”, April 17, 2013 http://www.floridatrend.com/article/15478/fix-it
http://papers.risingsea.net/rolling-easements.html
http://www.southeastfloridaclimatecompact.org /wp-content /uploads /2016/04 /CompactResource
DocWksp9Final.pdf
http://www.southeastfloridaclimatecompact.org/wp-content/uploads/2014/09/final-report-aaa.pdf
Hurtibise, R., “FEMA: New Palm Beach County flood maps should be in effect by spring 2017”
http://www.sun-sentinel.com/business/consumer/fl-pbc-fema-flood-map-update-20160426-
story.html
National Center for Atmospheric Research/University Corporation for Atmospheric Research.
"Extreme downpours could increase fivefold across parts of the US: Warming climate
would also boost individual storm intensity." ScienceDaily, 5 December 2016.
National Hurricane Center Website, Storm Surge Overview, http://www.nhc.noaa.gov/surge/
Obeysekera, J. S. 2009. Climate Change & Water Management: Planning for Sea-level rise.
Presentation to Broward Climate Change Task Force, Science & Technology
Subcommittee. Fort Lauderdale, Florida
Pool & Kent Project Profiles, http://www.pkflorida.com/case-studies/publicgovernment-
utility/membrane-softening-process-addition-glades-road-water-treatment-plant/
Protecting Florida’s Communities, Land Use Planning Strategies and Best Development Practices
for Minimizing Vulnerability to Flooding and Coastal Storms. (2004) Florida Dept. of
Community Affairs, Div. of Community Planning and Div. of Emergency Management.
Tallahassee, FL
Reid, Andy, (2011). “South Florida Drinking Water Faces Saltwater Threat.” Sun Sentinel,
September 12, 2011 see: http://articles.sun-sentinel.com/2011-09-12/health/fl-
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water retrieved 3/8/17
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Implementation. Land and Water Law Review, Vol. XI No.2 University of Wyoming
South Florida drinking water faces saltwater threat, September 12, 2011, Andy Reid, Sun Sentinel
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Elevating the Discussion of Rising Waters: 36 ESA
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South Florida Water Management District, Flood Control, https://www.sfwmd.gov/our-
work/flood-control
Southeast Florida Regional Climate Change Compact, RCAP Workshop #9 Resource Document
“Reducing Climate Risk and Creating Economic Opportunity”, 2016,
Southeast Florida Regional Climate Change Compact, Regional Climate Action Plan (RCAP),
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Tebaldi, C., Strauss, B. H., & Zervas, C. E. (2012). Modelling sea level rise impacts on storm
surges along US coasts. Environmental Research Letters, 7(1), 014032.
Terrazas, Michael, “Saltwater Intrusion: Florida’s underground movement”, American City &
County, Feb 1, 2000,
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Environmental Protection Agency, Climate Ready Estuaries Program. EPA 430-F-08-024,
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Urbina, Ian, “Perils of Climate Change Could Swamp Coastal Real Estate.” New York Times,
November 24, 2016. Retrieved from Http://www.nytimes.com/2016/11/24/science/global-
warming-coastal-real-estate.html on 2/15/17
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Beach-Florida, data provided by NOAA
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county/delray-beach/delray-medical-center-flooding-12-patients-moved and
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The Report and Recommendations of the Delray Beach Rising Waters Task Force April 2017
APPENDIX A
The Rising Waters Task Force (RWTF)
The term “waters” was adopted to connote all types of flooding impacts from sea
level rise, precipitation, storm surge, etc.
Appendix A
The Rising Waters Task Force
Delray Beach Rising Waters Task Force A-1 ESA
Report and Recommendations April 2017
Origin of the RWTF
The Rising Waters Task Force (RWTF), a concerned citizen’s group comprised of Delray Beach
residents and representatives of local non-profit organizations, was organized by Ms. Nancy
Schneider, at the request of City Commission in 2014. The charge of the Task Force was to
examine issues of inland and coastal flooding in Delray Beach in the context of the climate
change forecast. The group’s name reflects a simple truth that “waters are rising” due to the
extreme rain events and higher sea levels. The RWTF accepts the factual basis of forecasts made
by esteemed meteorological scientific institutions that have been adopted collectively by leaders
of the Southeast Florida region as well as the factual documentation of changes we are
experiencing in our climate. These forecasts provide a reliable and reasonable trajectory that we
will experience in our local climate. Ocean levels are in fact rising and will continue to rise. This
rise, and intensification of storm events and rainfall, will worsen existing water hazards in our
roadways, public and private spaces, infrastructure, and prized cultural and touristic assets. These
changes pose a direct threat to our economy and quality of life.
Task Force Goals
Goal 1: Education
To educate elected officials, residents, taxpayers and other stakeholders about how rising waters
threaten the immediate and longer term economic, social, and physical vitality and viability of
Delray Beach and its nearby communities.
Goal 2: Southeast Florida Compact Regional Climate Action
Plan Integration
To integrate the elements of the Southeast Florida Regional Climate Change Compact (The
“Compact”) Regional Climate Action Plan (RCAP) that are appropriate for Delray Beach into the
Green Task Force Report, Comprehensive Plan, Capital Improvement Plan (CIP) and
implementing ordinances and regulations, where and when appropriate and financially feasible.
(The RWTF will fulfill its first objective towards this goal by submitting this RWTF Report and
Recommendations for consideration by the City Commission.)
Goal 3: Identify Actions
To identify immediate (0 - 2 years), short term (0 – 5 years) and longer term actions that Delray
Beach should take to address rising waters, based on best practices gleaned from the RCAP, on
the expertise of the National Oceanic Atmospheric Agency (NOAA) and other governmental
agencies and scholarly institutions, as well as from the experiences of other communities.
Appendix A
The Rising Waters Task Force
Delray Beach Rising Waters Task Force A-2 ESA
Report and Recommendations April 2017
The Task Force Process
The RWTF started meeting in late April of 2014 at the Delray Beach Environmental Resource
Building. Meetings were held twice monthly for the first 18 months, during which time the
RWTF, invited various subject experts to present materials on relevant topics. These experts
included Jayantha Obeysekera from the South Florida Water Management District, Chris Bergh
from the Nature Conservancy, Rhonda Haag and Erin Deady, who have develop climate
strategies for Monroe County, and Mitchel Chester, an attorney involved in climate change
advocacy in South Florida. The public was invited to attend, and at times various members of the
community attended and were engaged with the Task Force in follow up meetings and events.
Members of the Task Force also participated in training offered by the University of Miami’s
Rosensteil School, and an intensive two-day climate vulnerability workshop offered by NOAA in
January of 2015.
The RWTF engaged and supported groups in outreach and education activities in support of its
goals. This included participation in the King Tide events, which received media coverage,
Delray Beach Earth Day events, including the 2015 High Water Line project, and the creation of
a short video on Florida’s Adaptation Action Areas.
Task Force Members
In alphabetical order:
Kristine de Haseth
Kristine de Haseth is the Executive Director of the Florida Coalition for Preservation. The
Coalition is grass roots organization that promotes responsible growth management and seeks to
preserve the quality of life for residents on the barrier island and coastal communities. Beach and
dune preservation, along with judicious water management are key components to promoting a
robust and sustainable environment on the barrier island.
Robert Ganger
Bob Ganger is Chairman and Co-Founder of the Florida Coalition for Preservation. Until
recently, he was the Vice Mayor of Gulf Stream, Florida. His interest in coastal issues dates to the
1970s when he was involved in Delray's first beach re-nourishment project.
Andrew Katz, Ph.D.
Dr. Katz has been a Delray Beach resident for many years, involved in issues related to the city’s
beach community. He served as Senior Scientist and Washington Operations Manager for
Technology Service Corporation, a high-tech consulting organization specializing in radar and
other sensor systems for 17 years, and was an Adjunct Professor in the science department of
Palm Beach State College prior to retiring. Dr. Katz holds an M.S. and Ph.D. degrees in
Astrophysics from the University of Wisconsin.
Appendix A
The Rising Waters Task Force
Delray Beach Rising Waters Task Force A-3 ESA
Report and Recommendations April 2017
Giulia Pace
Giulia Pace is a Manager at HealthCare Appraisers, Inc. in Delray Beach, which provides Fair
Market Value (FMV) consulting and valuation services to the healthcare and life sciences
communities. At the time of the RWTF meetings, she was an active member of the City’s Green
Implementation Advancement Board.
Ana Puszkin-Chevlin, Ph.D.
Dr. Puszkin-Chevlin is the Sustainability Officer for Delray Beach as well as an Urban Planner in
private practice with more than 20 years of experience in sustainable urban development, the last
10 with a focus on Florida coastal communities and issues of resiliency. A resident of Delray
Beach since 2003, Dr. Puszkin-Chevlin previously worked and taught at Florida Atlantic
University’s Center for Urban and Environmental Solutions, and at Columbia University’s Earth
Institute and their Graduate Program’s in Urban Planning in New York. Dr. Puszkin-Chevlin
holds a Master and Ph.D. in Urban Planning from Columbia University.
Nancy Schneider, MA, MBA
Nancy Schneider is Senior Program Officer with the Institute for Sustainable Communities and
works as secretariat specialist for the Southeast Florida Regional Climate Change Compact. She
has 10 years’ experience in local government sustainability and climate change resilience. Living
in Delray Beach since 2001, she has served on the City's Parking Board, as Chair of the Green
Task Force and was a member of the Green Implementation Advancement Board.
Kevin Warner
Kevin Warner, retired, had multi-faceted career which included 11 years of service teaching in
the Palm Beach County School District, 25 years in business both in Wall Street's capital markets,
managing a small business, and, early in his career, had numerous years of service as an
environmental engineer, including with the U.S. Environmental Protection Agency.
Ad ditional Assistance to RWTF
Assistance to the RWTF in the final stages of the effort was provided by Environmental Science
Associates (ESA). ESA’s Coastal Engineer in Tampa, Florida, Mr. Bryan Flynn is a graduate of
Delray’s Atlantic Community High School and his family still resides in the area. Scientific
contributions were made by ESA’s Ms. Lindsey Sheehan, Coastal Engineer Specializing in SLR
Modeling, as well as Dr. Mitch Marken and Ms. Karla Ebenbach AICP, Urban Planning
Consultant, who were both recruited by Task Force member Nancy Schneider to help finalize the
RWTF recommendations and prepare the final report. ESA has offices in Orlando and Tampa,
Florida.
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City of Delray Beach
Legislation Text
100 N.W. 1st Avenue
Delray Beach, FL 33444
File #:17-542,Version:1
TO:Mayor and Commissioners
FROM:Dale S. Sugerman,Ph.D., Assistant City Manager
THROUGH:Chief Neal de Jesus, Interim City Manager
DATE:June 13, 2017
PARKING MANAGEMENT PLAN
City of Delray Beach Printed on 6/5/2017Page 1 of 1
powered by Legistar™
1 | P a g e
City of Delray Beach
Parking Management
City Commission Workshop
June 13, 2017
2 | P a g e
The City of Delray Beach and the Community Redevelopment Agency have partnered on two
parking studies during the past seven years. In 2010, the Delray Beach Parking Management
Plan was created, which evaluated the existing parking supply and operations within the
downtown study area, as well as identifying strategies to efficiently manage and to attempt to
offset expenditures for parking. The 2010 Parking Management Plan identified available
inventory, investigated a number of parking-related issues, and provided specific
recommendations for improving efficiency of the parking system. The stated purpose of the
plan was to ensure that the available parking supply is used to its maximum before new parking
facilities would need to be considered for construction.
Additionally, in 2016, Kimley-Horn and Associates (KHA) was contracted to perform a
downtown parking demand study, which has determined such factors as the number of parking
spaces that remain available to the public during peak parking hours as well as the average
length of time a parking space is occupied by a single vehicle.
The Inventory
Currently the city has 3,277 total available parking spaces which are located in parking garages,
surface lots and on-street parking spaces. The inventory breakdown is:
Parking Garages – A total of 727 spaces are located in the Old School Square (525
spaces) and Federspiel (202 spaces) parking garages. For most of the time, parking in
these garages is free. However, parking spaces are currently charged a flat rate of $5
on Thursday, Friday and Saturday from 4 p.m. until midnight.
Central Business District – On Street Parking – A total of 941 spaces are available on
the street in the Central Business District. All spaces are free and are limited to 2-hour
parking. There are two categories of 2-hour parking; either 8 a.m. to 6 p.m. or 8 a.m.
to 8 p.m. depending on location. Of the spaces in this count, 72 are located on West
Atlantic between Swinton Avenue and I-95.
Central Business District – Surface Lots – 909 spaces are available. Of these spaces,
408 are located west of Swinton Avenue, with the majority of these located at City
Hall and the Public Library. All spaces are free and many are limited to 8 hour parking
between the hours of 8 a.m. to 8 p.m.
Beach/Barrier Island - Paid Parking – There are 700 marked parking spaces available
on the barrier island. All are currently designated as paid parking (although not all
smart meters are installed yet due to construction activities at the beach). A total of
432 spaces are located within the six surface parking lots (all currently metered) and
268 parking spaces are available on A1A adjacent to the Beach Promenade (225
spaces) and on Atlantic Avenue between the Intracoastal Waterway and A1A (43
spaces).
3 | P a g e
Availability
The parking demand study completed in 2016 indicates there is little difference in parking
availability based upon the time of year (season vs. non-season). On-street parking during peak
season, which was measured in January 2016, experienced the highest weekday parking
occupancy between 8 p.m. and 9 p.m. During this one hour period, parking spaces were 93
percent occupied. Weekend parking occupancy ranged between 77 percent and 96 percent
throughout the day. During the off-peak season, measured in April 2016, the peak parking
occupancy hour was actually earlier (6 p.m. to 7 p.m.), but the utilization remained the same at
93 percent. Weekend parking occupancy during off-peak season, however, was higher ranging
between 93 percent and 98 percent through the day.
Surface Lot Utilization Trends
Peak Season (January 2016)
Average Occupancy 8 to 9 p.m.
Off Peak Season (April 2016)
Average Occupancy 8 to 9 p.m.
Tuesday 67%69%
Thursday 69%70%
Friday 93%91%
Saturday 99%91%
Based upon the 2016 parking demand study, on average, visitors parking on the street in the
Central Business District are staying an average of an hour and a half to two hours. The earlier
Parking Management Plan data from 2010 indicated that the average person who parked on
the street at that time stayed for just slightly longer than two hours, averaging about two and a
half hours per stay. The amount of time that a parking space is occupied by the same driver is
an important measurement to determine the number of visitors to an area, but this also
provides valuable insight concerning rate structure should the free, on-street parking be
converted to metered parking.
As one can see from the utilization figures above, on Friday and Saturday nights around dinner
time, it is highly unlikely that a driver will easily find an open parking space near their
destination within the Central Business District. This holds true regardless of the season.
Another important consideration when discussing parking utilization is the required amount,
and location, of parking that is provided to the employees working for downtown businesses.
The Downtown Development Authority (DDA) has attempted to quantify this amount by
distributing questionnaires to downtown merchants and restauranteurs. At this time, the best
estimate that they have been able to provide is that there are between 2,000 and 3,000 active
employees in the downtown area. Some of the larger employers have dealt with this issue by
providing on-site parking for their employees, including the Seagate Motel, Colony Motel,
Marriott Hotel and the Hyatt Place.
4 | P a g e
Earlier this year, the City of Delray Beach worked with the DDA to develop and implement a
Downtown Employee Parking Program. The program included allowing employees to park in
the South County parking garage at a cost of $20 per month. Hours available to park in the
garage were from 3 p.m. until 3 a.m. and a Downtown Roundabout Trolley was provided to
shuttle employees to their places of business. The DDA promoted the program with the area
businesses. However, after offering the program, no employee parking passes were ever
purchased. Employees reported issues with wanting to be able to park closer to their jobsite
(since that parking was free), fear of entering the parking garage late at night with the day’s
cash tips in their pockets, the $20.00 per month expense, and the inconvenience of having to
wait for a shuttle.
Management Plan Implementation
Recommendations that have been implemented from the 2010 Parking Management Plan
include utilization of new technologies, such as smart meters and mobile apps so that a visitor
can pay for additional time using his or her cellular telephone as well as procuring the services
of a private parking management company.
Lanier Parking Management started providing parking management services on June 1, 2017.
Responsibilities that will be handled through this contract include:
Implementation of the parking program per City ordinance and policy, including:
o Collecting and accounting for all revenues from meters and citations
o Responsibility for meter preventive maintenance and repair
Enforcement of parking spaces per City ordinance and policy
Managing the real-time citation system
Other duties include:
o Training and customer service
o Office administration
o Personnel
o Maintenance of parking garages
o Special event staffing
New technology also has begun to replace old around the City with the installation of the new
multi-space parking meters that can be programmed to charge adjustable rates throughout the
day and are equipped to accept currency and credit cards rather than coins. Some of the
additional technologies that are available for implementation within the next several months
include:
ParkMobile telephone application to allow downtown patrons to pay the meter by
phone
Passport Citation Management
Digital Permitting
Handheld devices for parking enforcement staff to check on payments
License plate recognition camera for the Old School Square garage
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License plat recognition on a vehicle to enforce parking regulations along City streets
Purchase of a maintenance / collection vehicle for the use of the Lanier staff
Rates
With the use of the new smart meter technology, a variety of rates can be set on an unlimited
basis. That is, the new smart meters can be used to impact demand. When demand is high,
rates can be set to push the demand away from the most intense use. When demand is low,
rates can be lowered to attract demand. Rates can be set to provide resident discounts and can
be varied by time of day/day of week/length of stay/or by the season. Parking rates can be set
by resolution of the City Commission and can be changed based upon the experience of the use
of the parking spaces.
Implementation Topics
Timeline for Phase II- Implementation of the use of smart meters between the
Intracoastal Waterway and Swinton Blvd. on Atlantic Avenue. Setting demand driven
rates throughout the Central Business District (including dealing with the employee
parking issue).
Consistent regulations in parking enforced areas
o May require revisions to City ordinance which are not clear. There is conflicting
language in different sections of the ordinance.
On-Street Parking Spaces
o What are the best rates, enforcement hours, time limits, employee parking rates,
residential parking rates, monthly parking rates, in order to ensure that these
spaces are utilized to their highest and best use?
Off-Street Parking in Surface Lots
o What are the best rates, enforcement hours, time limits, employee parking rates,
residential parking rates, monthly parking rates, in order to ensure that these
spaces are utilized to their highest and best use?
Off-Street Parking in Garages
o What are the best rates, enforcement hours, time limits, employee parking rates,
residential parking rates, monthly parking rates, in order to ensure that these
spaces are utilized to their highest and best use?
Establish Demand-Driven Pricing – encourages users to park in lower demand areas.
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Staff Recommendations
Authorize the installation of paid parking in all municipally controlled parking spaces
where there are no parking meters currently.
Direct staff to develop a series of rates which will set the highest parking rate where and
when the demand is the highest, and the lowest parking rate where and when the
demand is the lowest.
Direct staff to establish a set of rates for non-high demand usage (monthly rates,
seasonal rates, resident rates, Central Business District employee rates, etc.)
Direct staff to review the current ordinances impacting all parking issues in order to
develop a set of consistent rules and regulations.
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Exhibit A – Locations of Parking Availability
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Exhibit B – Time Limits by Area