Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 8/18/2021 
Agenda Category:ORDINANCE ON FIRST READING

Subject: 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 31 OF THE CITY’S CODE OF ORDINANCES ENTITLED, “ZONING”, ARTICLE 1, “IN GENERAL”, SECTION 31-1, “DEFINITIONS”, BY AMENDING THE DEFINITION OF “HEIGHT OF BUILDING” TO READ “HEIGHT OF BUILDING MEANS THE VERTICAL DISTANCE MEASURED FROM THE MINIMUM REQUIRED FLOOR OR 18 INCHES ABOVE THE CROWN OF THE ROAD TO (A) THE HIGHEST POINT OF A FLAT ROOF; (B) THE DECK LINE OF A MANSARD ROOF; (C) THE AVERAGE HEIGHT BETWEEN EAVES AND RIDGE FOR GABLE, HIP, AND GAMBREL ROOFS; OR (D) THE AVERAGE HEIGHT BETWEEN HIGH AND LOW POINTS FOR A SHED ROOF. PARAPET WALLS INTENDED TO PROVIDE SCREENING FOR ROOFTOP MECHANICALS MAY EXTEND NOT MORE THAN 5 FEET ABOVE THE ALLOWABLE HEIGHT OF A BUILDING.”; PROVIDING FOR SEVERABILITY AND CONFLICTS; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.


Recommendation/Motion: 

City staff recommends CIty Council approval.


Originating Dept Development Services  Costs  
User Dept.City Funding Source
AdvertisedYes Budget Account NumberN/A
Date7/27/21; 8/10/21   
PaperPalm Beach Post   
Affected PartiesNot Required   

Background/Summary: 

The City of Riviera Beach has been reviewing several documents which relate to flooding and development over the past several months.  The Development Services Department (Department) is in the process of updating the Coastal Element of the Comprehensive Plan, relative to perils of flooding most specifically.  The Department also just submitted documentation for the recertification of our participation in the Community Rating System (CRS) program which also relates to flooding and resiliency. The Federal Emergency Management Agency (FEMA) also recently released updated flood risk maps for the community.  These maps are not yet adopted.  The Department also continues to process building permit applications for new construction as well as redevelopment throughout the City.  During the routine evaluation of permits staff realized that the existing definition for height of buildings was actually resulting in a restriction on development disproportionally affecting areas with a specified base flood elevation (BFE) higher than 18 inches above the crown of the road, and was not responsive to current construction best practices.  The reason is that the starting point to measure the height of a building, per the existing code is “the vertical distance measured from the minimum required floor or base flood elevation or 18 inches above the crown of the road, whichever is less, to (a) the highest point of a flat roof; (b) the deck line of a mansard roof; (c) the average height between eaves and ridge for gable, hip, and gambrel roofs; or (d) the average height between high and low points for a shed roof.”  In areas with a base flood elevation that is at an elevation higher than 18 inches above the crown of the road the height of a building would be measured starting at 18 inches above the crown of a road but the actual elevation of the first floor would be a minimum of one foot above the base flood elevation.   The phrase “whichever is less” may result in a restriction on the developable building height for areas with an established BFE.  This proposed amendment also exempts parapet walls intended to screen rooftop mechanical units from the calculation of building height.  It is more desirable to have this equipment shielded from view and the presence of walls can muffle any noise generated by the equipment and direct it vertically instead of laterally, and in flood zones putting mechanical units on the rooftops is a best practice. This regulation revision is intended to guide development in a consistent and fair manner and be responsive to the changing conditions of sea level rise, climate change and regulations for development in flood zones.  The Code of Ordinances in intended to guide development in the community.  It is also intended to be a document that changes and is amended over time as deemed necessary by the City’s leaders.  Development Services staff have advanced this proposed amendment to the Land Development Code Chapter 31, Article 1, Section 31-1. Definitions, Building Height for several reasons.  First and foremost, the existing definition is outdated.  It was adopted 2-2-83 by Ordinance 2179.  The definition is not responsive to the perils of flooding faced by the community today.  There is a new State Building Code and Flood Map which require a higher minimum floor height for structures at risk of flooding.  The Building Code also requires 1’ freeboard above the Base Flood Elevation for the minimum finished floor elevation.  These additional elevation requirements are in place to help development be more resilient by requiring the minimum floor elevation to be at least one foot above the base flood elevation, but when combined with the maximum building height requirements in the code the result is a constraint on the development potential of those parcels.   In commercial development in general, and particularly in flood prone areas, the mechanicals are being located on rooftops.  More and more frequently single family dwellings in flood prone areas are doing the same.  Land development codes and best practices typically require those mechanicals to be screened from view to mitigate impacts on abutters and also result in a more pleasing appearance for the structure.  For this reason the proposed language specifically excludes parapet walls of not more than five feet in height from the overall building height calculation when they are installed specifically for the screening of rooftop mechanicals.  As the City experiences continued growth and redevelopment the built form will be more aesthetically pleasing.

 
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:
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
Contractor Phone Number
Contractor Email
Type of Contract
Describe
ATTACHMENTS:
File NameDescriptionUpload DateType
Memo_to_Council-_Building_Height_LDC_Amendment-1.docxMEMO TO COUNCIL8/11/2021Cover Memo
ORDINANCE_4174.pdfORDINANCE 41747/26/2021Ordinance
APPLICATION_FORM.pdfAPPLICATION7/26/2021Backup Material
PZB_STAFF_REPORT.pdfSTAFF REPORT TO PZB7/26/2021Backup Material
PROPOSED_CODE.pdfPROPOSED CODE7/26/2021Backup Material
REVIEWERS:
DepartmentReviewerActionDate
Community Development Sirmons, ClarenceApproved8/4/2021 - 10:56 PM
PurchasingWilliams, GlendoraApproved8/5/2021 - 9:09 AM
Financesherman, randyApproved8/9/2021 - 2:11 PM
AttorneyBusby, Lina Approved8/10/2021 - 3:45 PM
City ClerkRobinson, ClaudeneApproved8/10/2021 - 4:46 PM
City ManagerJacobs, DeirdreApproved8/11/2021 - 7:50 PM