Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 5/15/2019 
Agenda Category:ORDINANCE ON FIRST READING

Subject: 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, ENACTING A MORATORIUM FOR UP TO SIX MONTHS AS TO THE FILING, RECEIVING OR PROCESSING OF ANY APPLICATION OR PERMIT ASSOCIATED WITH REAL PROPERTY HAVING A SPECIAL PRESERVATION FUTURE LAND USE DESIGNATION, SOLELY OR IN PART, OR ASSOCIATED WITH A WETLANDS PRESERVATION AREA, IN ORDER TO REVIEW, AMEND AND DEVELOP CODES AND LAND DEVELOPMENT REGULATIONS ASSOCIATED WITH THE CITY’S COMPREHENSIVE PLAN AND THE SPECIAL PRESERVATION FUTURE LAND USE DESIGNATION, ALONG WITH THE  CITY’S CODES FOR COASTAL CONSTRUCTION AND WETLANDS PRESERVATION, IN ORDER TO PROTECT AND CONSERVE THE CITY’S NATURAL RESOURCES; PROVIDING FOR THE BOUNDARIES SUBJECT TO THE MORATORIUM; PROVIDING FOR CONFLICTS AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.


Recommendation/Motion: City Staff recommends City Council consideration of this moratorium.

Originating Dept Development Services   Costs  
User Dept.City Funding SourceN/A
AdvertisedNo Budget Account NumberN/A
Date   
Paper   
Affected PartiesNot Required   

Background/Summary: 

On April 17, 2019, City staff received a City Council directive to draft a moratorium associated with development of the area located west of North Ocean Drive and north of Pine Point Road, having a Special Preservation Future Land Use designation, for future City Council review and consideration, in order to better protect and conserve the City’s natural resources.  Multiple Elements, Goals, Objectives and Policies of the City’s Comprehensive Plan, including but not limited to the Future Land Use Element, the Conservation Element and the Coastal Management Element, are applicable to the submerged land area and uplands located west of North Ocean Drive and north of Pine Point Road.  For example, Goal 1, Objective 1.1 of the Conservation Element of the City’s Comprehensive Plan states that, "the City shall continue to implement, revise, maintain and adopt new codes, ordinances and regulations as necessary, to protect and conserve the City’s natural resources including, Air; Beaches and shores; Fisheries; Native plant and animal communities and ecosystems; Noise level; Wetlands; Soils; Water; Wildlife and wildlife habitats; and Bottomlands".

 

Chapter 23, Article III, of the City’s Code of Ordinances defines, describes and regulates wetlands preservation areas.  This Code section is primarily from 1982 and requires review and potential amendments.  The City Council desires to enact a moratorium for up to a six month period of time, prohibiting the filing, receiving or processing of any application or permit associated with real property having a Special Preservation Future Land Use designation or designated as a wetlands preservation area, in order to provide City staff with time to review, amend and develop codes to further protect and conserve the City’s natural resources.

 

City Staff recommends City Council consideration of this moratorium.

 
Fiscal YearsN/A
Capital ExpendituresN/A
Operating CostsN/A
External RevenuesN/A
Program Income (city)N/A
In-kind Match (city)N/A 
Net Fiscal ImpactN/A
NO. Additional FTE Positions
(cumulative)
N/A

III. Review Comments

A. Finance Department Comments:
 
B. Purchasing/Intergovernmental Relations/Grants Comments:
 
C. Department Director Review:
N/A
Contract Start Date 
Contract End Date
Renewal Start Date
Renewal End Date
Number of 12 month terms this renewal
Dollar Amount
Contractor Company Name
Contractor Contact
Contractor Address
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Describe
ATTACHMENTS:
File NameDescriptionUpload DateType
Ordinance__Moratorium_S.I._Special_Preservation_05.03.2019(V2).docxOrdinance, Moratorium S.I. Special Preservation 05.03.2019(V2)5/8/2019Ordinance
Exhibit_A__Future_Land_Use_Map.pdfExhibit A, Future Land Use Map5/8/2019Exhibit
Exhibit_B__Wetlands_Preservation_Map.pdfExhibit B, Wetlands Preservation Map5/8/2019Exhibit
REVIEWERS:
DepartmentReviewerActionDate
Community Development AnswererApproved5/3/2019 - 6:30 PM
PurchasingAnswererApproved5/3/2019 - 9:08 PM
Financesherman, randyApproved5/6/2019 - 9:27 AM
AttorneyBusby, Lina Rejected5/8/2019 - 3:53 PM
AttorneyJacobs, DeirdreApproved5/8/2019 - 9:02 PM
City ClerkRobinson, ClaudeneApproved5/8/2019 - 9:33 PM
City ManagerJacobs, DeirdreApproved5/8/2019 - 10:22 PM