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Council rejects proposal to allow fee-in-lieu for downtown civic open space on first reading
Summary
On first reading the council accepted staff and planning-board recommendations to deny an amendment to allow developers in the downtown marine district to pay a fee instead of providing required civic open space, citing preservation of guaranteed public spaces and long-term maintenance concerns.
The Riviera Beach City Council voted on May 7 to accept staff and Planning & Zoning Board recommendations and deny Ordinance 4280 on first reading, which would have allowed a contribution in lieu of on-site civic open space for qualifying downtown marine projects.
Clarence Sermons, the city’s director of development services, reviewed section 31-538 of the land development code and explained that civic open space is required on sites one acre or larger or on projects that expand gross floor area by 20% or more. He described the six code-defined civic open-space types and showed examples from recent projects, including Berkeley Landing and Marina Village.
Staff analysis found the proposed fee-in-lieu language would have to limit the use of collected funds to civic open space projects only, consistent with case law and the city’s comprehensive-plan policies that prioritize civic open space. Sermons said advantages of a fee option would include flexibility for developers and potential dedicated revenue for civic projects, while disadvantages would include losing the guaranteed public spaces guaranteed by the current code, setting a precedent for other downtown districts, and adding long-term maintenance obligations to the city’s capital program.
Council discussion noted neighborhood concerns that some residents opposed locating civic open space in small neighborhoods that abut working marine areas, while others said maintaining open green space in the downtown is important for air quality and community access. After brief discussion, a motion to accept staff recommendation to deny Ordinance 4280 carried by unanimous roll call.
Council did not change the existing civic open-space code at first reading; staff was asked to continue exploring non-code options to provide flexibility, such as allowing broader location options within downtown districts or adjusting timing of when developers must build required spaces.
