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Increase in handicapped parking spaces at plaza OK’d
Owners must add spots as part of settlement of Americans With Disabilities Act lawsuit.
http://www.palmbeachdailynews.com/ne...t-plaza/ncLXy/
Daily News Staff Writer
Royal Poinciana Plaza will modify selected areas of its parking lot to comply with the accessibility requirements of the 1990 Americans With Disabilities Act.
On Wednesday, plaza representatives appeared before the Town Council seeking permission for the changes as part of a settlement with a man who sued the plaza for failing to comply with federal guidelines for handicapped parking and access.
The council approved the changes, which will increase the number of handicapped spaces from seven to 15, expand access aisles, modify ramps and install curb cuts — all required to bring the plaza into compliance.
The council rejected a proposal by the plaza’s management firm, Sterling Palm Beach, to increase the total number of spaces from 718 to 722 as part of the planned re-striping.
Lawsuit prompts changes
In November 2012, David Ramnarine filed a lawsuit in U.S. District Court in Miami. The suit named Sidney Spiegel, trustee for the plaza ownership; Toojay’s Management Corp. and Toojay’s Palm Beach, which has a restaurant in the plaza; and Hillstone Restaurant Group, which owns the Palm Beach Grill, also in the plaza.
According to the suit, Ramnarine has spinal-cord damage and uses a wheelchair. He also drives his own vehicle and has a valid disabled parking permit.
In the suit, Ramnarine contends that he was discriminated against because the Royal Poinciana Plaza property is not fully accessible to people with disabilities.
He cites physical barriers, including non-compliant ramps and access routes, lack of proper signs, improper dispersion of handicapped parking spaces throughout the shopping center, and a failure to safely connect the shopping center with the public transportation stop and public sidewalk.
John Little, an attorney who represents Sterling Palm Beach, which manages the plaza under a long-term lease, said the changes involve re-striping certain areas to combine some parking spaces and to add new ones, adding access aisles next to handicapped spaces, modifying ramps, and installing curb cuts. (A curb cut is a ramp graded down from the top surface of a sidewalk to the surface of an adjoining street.)
Fire Marshal Tim Pompos told the council that the changes will allow sufficient access for emergency rescue vehicles.
Mayor ‘a little upset’
Mayor Gail Coniglio said she was “a little upset” that town staff did not recommend that Sterling comply with the ADA when Sterling submitted a redesign of the Royal Poinciana Plaza parking lot — approved by the council in February.
That “cure plan” was done to maximize available parking space after the Florida Department of Transportation took some of the plaza’s property to use for the east landing of the replacement for the Flagler Memorial Bridge.
“ADA and safety trumps all decisions,” Coniglio said.
Zoning Administrator Paul Castro replied, “The building official didn’t believe they had to meet ADA requirements. So we didn’t require that at the time of the cure plan. The Department of Justice enforces ADA requirements. The interpretation of the building official at the time was that we would enforce ADA when they resurfaced or redesigned the parking lot.”
Jeff Taylor, the town’s building official at the time, has since retired.
Owners must add spots as part of settlement of Americans With Disabilities Act lawsuit.
http://www.palmbeachdailynews.com/ne...t-plaza/ncLXy/
Daily News Staff Writer
Royal Poinciana Plaza will modify selected areas of its parking lot to comply with the accessibility requirements of the 1990 Americans With Disabilities Act.
On Wednesday, plaza representatives appeared before the Town Council seeking permission for the changes as part of a settlement with a man who sued the plaza for failing to comply with federal guidelines for handicapped parking and access.
The council approved the changes, which will increase the number of handicapped spaces from seven to 15, expand access aisles, modify ramps and install curb cuts — all required to bring the plaza into compliance.
The council rejected a proposal by the plaza’s management firm, Sterling Palm Beach, to increase the total number of spaces from 718 to 722 as part of the planned re-striping.
Lawsuit prompts changes
In November 2012, David Ramnarine filed a lawsuit in U.S. District Court in Miami. The suit named Sidney Spiegel, trustee for the plaza ownership; Toojay’s Management Corp. and Toojay’s Palm Beach, which has a restaurant in the plaza; and Hillstone Restaurant Group, which owns the Palm Beach Grill, also in the plaza.
According to the suit, Ramnarine has spinal-cord damage and uses a wheelchair. He also drives his own vehicle and has a valid disabled parking permit.
In the suit, Ramnarine contends that he was discriminated against because the Royal Poinciana Plaza property is not fully accessible to people with disabilities.
He cites physical barriers, including non-compliant ramps and access routes, lack of proper signs, improper dispersion of handicapped parking spaces throughout the shopping center, and a failure to safely connect the shopping center with the public transportation stop and public sidewalk.
John Little, an attorney who represents Sterling Palm Beach, which manages the plaza under a long-term lease, said the changes involve re-striping certain areas to combine some parking spaces and to add new ones, adding access aisles next to handicapped spaces, modifying ramps, and installing curb cuts. (A curb cut is a ramp graded down from the top surface of a sidewalk to the surface of an adjoining street.)
Fire Marshal Tim Pompos told the council that the changes will allow sufficient access for emergency rescue vehicles.
Mayor ‘a little upset’
Mayor Gail Coniglio said she was “a little upset” that town staff did not recommend that Sterling comply with the ADA when Sterling submitted a redesign of the Royal Poinciana Plaza parking lot — approved by the council in February.
That “cure plan” was done to maximize available parking space after the Florida Department of Transportation took some of the plaza’s property to use for the east landing of the replacement for the Flagler Memorial Bridge.
“ADA and safety trumps all decisions,” Coniglio said.
Zoning Administrator Paul Castro replied, “The building official didn’t believe they had to meet ADA requirements. So we didn’t require that at the time of the cure plan. The Department of Justice enforces ADA requirements. The interpretation of the building official at the time was that we would enforce ADA when they resurfaced or redesigned the parking lot.”
Jeff Taylor, the town’s building official at the time, has since retired.
