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HomeMy WebLinkAboutR-2003-190 amend Procedures closing streets and speed humps RESOLUTION NO. 2003-190 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING EXHBIIT "A", ATTACHED TO RESOLUTION NO. 2002-171, ADOPTED SEPTEMBER 24, 2002, PERTAINING TO ESTABLISHED PROCEDURES FOR REVIEW, APPROVAL, AND IMPLEMENTATION OF STREET CLOSURES AND SPEED HUMP INSTALLATIONS (BY CITIZEN PETITION ONLY) WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission adopted Resolution No. 2002-171 on September 24, 2002 to establish procedures outlining the review, approval and implementation process to handle resident requests for Street Closures and Speed Hump installations (by Citizen Petition Only) within the City of Dania Beach; and WHEREAS, the City Commission has determined that Section VIII "Final Determination" of Exhibit "A" to said procedures requires an amendment to include a 3/5 vote of the Commission instead of a 4/5 vote for final approval of all applications for Street Closures or Speed Hump installations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1: That the City Commission amends Exhibit "A", Section VIII "Final Determination", attached to Resolution No. 2002-171, to include a 3/5 vote of the Commission for final approval of all applications for Street Closures or Speed Hump installations, and a copy of the revised Exhibit "A" is attached. Section 2: That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. 1 RESOLUTION NO. 2003-190 Section 3: That this resolution shall be in full force and effect immediately upon its passage and adoption. PASSED and ADOPTED this 26t" day of August, 2003. OB-AtNtOX MAYOR — COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES 1 1 COMMISSIONER FLURY - YES CHARLENE JOHNSON COMMISSIONER MIKES - YES CITY CLERK v VICE-MAYOR MCELYEA— YES MAYOR ANTON- YES APPROVED AS TO FORM AND CORRECTNESS: BY: ; THOMAS ANSBRO CITY ATTORNEY • 2 RESOLUTION NO. 2003-190 CITY OF DANIA BEACH EXHIBIT A Procedures for Street Closure and Speed Hump (By Citizen Petition Only) Review and Implementation The Procedure is a Six Step Process; Each Process is Further Defined in the Sections of the Outlined Procedure. 1. The requesting party is required to petition effected area and the surrounding area and obtain two-thirds (2/3) percentile in favor of the speed humps and /or street closures. 2. Petition is submitted to the Public Works Director for procedural implementation. 3. Review by all effected agencies. At any point in this step the determination may be • completed if any agency deems the petition to be ineffective or detrimental. 4. Presentation to the commission for public notification and hearing. 5. Presentation to commission for approval. 6. Implementation. Section I: Functional Responsibility for Reviewing Requests for Street Closures and Speed Humps The City Manager's Office has assigned the Public Works Director to review, implement and enforce the City's guidelines for street closures and speed humps. Such duties shall include, but not be limited to, the following: 1. Implement the guidelines established. 2. Facilitate citizen input through the process of notification. 3. Review all applications and advise the applicant, in writing, as to whether or not the application has met the requirements set forth in these procedures. 4. Monitor all phases of the procedures established for this process. 5. Coordinate all Police, Fire, and / or effected agencies reviews. 3 RESOLUTION NO. 2003-190 • 6. Present the completed application and supporting documentation to the City Commission along with the request for the Commission's authorization for public hearing and to grant or deny application requests, based on the established requirements. If the Commission issues a denial of such change and the applicant wishes to proceed with an appeal, provide the Commission with the additional information and documentation provided by the applicant for an appeal of such denial. Section II: General Provisions for Requestinq a Street Closure or Speed Humps All individuals and organizations requesting a street closure or installation of speed humps must submit a City of Dania Beach Application for Street Closure/Speed Humps and a petition as provided in Section III below. Section III: Petition (Step 1) The applicant shall submit to the City Clerk's Office the original copy of a petition which clearly states, on each page containing petition signatures, the full intent of the petition, and which is signed by the following: a. The owners of a two-thirds (2/3) majority of the properties which front on, back on, or have a mailing address containing the name of the affected street, and ® b. If there are one hundred (100) or more properties within a quarter- mile distance in all directions of the affected street, as determined by the City's Growth Management Department, the owners of twenty percent (20%) of such properties. The petition shall contain, in addition to the signatures, the clearly-printed names and complete Dania Beach addresses of all signatories who are property owners. In the event a petitioner or applicable property owner is an organization, all non-Dania Beach-resident organization members' names, addresses and signatures shall be substantiated by a list of organization members from the organization's official records. The City Clerk's Office will forward all completed applications and petitions to the City Public Works Director's Office. Section IV: Criteria Considered When Reviewing Requests for Street Closure or Speed Hump Installation (Steps 2 & 3) All applications requesting that a City of Dania Beach street be closed or speed humps installed will be reviewed by the City Public Works Director's Office for completeness and submitted to the Police, Fire and effected agencies for review and 4 RESOLUTION NO. 2003-190 . recommendation prior to submission to the City Commission for consideration. Reviews and Final Determinations will be based on the following criteria: 1. Whether or not the request proposes to close or install speed humps on a major roadway or street. 2. Whether or not the street requested has a closure or speed humps in place at another location. 3. Whether the request will segment a particular street when the segmentation is not created by a natural landform or waterway. 4. Whether or not the applicant has met the requirements referenced in the General Provisions and Notification Sections of these Procedures and what the results are of the surveys of effected parties. Section V: Notification of Street Closure and/or Speed Hump Installation (Step 4) 1. Notification regarding the closure or speed hump installation shall be mailed by the Cities Growth Management Department to, in addition to the applicable property owners specified in the Petition Section above, the respective presidents of all civic, condominium and homeowners' associations within one quarter (1/4) mile of the affected street. 2. Notification shall be sent to the City's Growth Management Department and to the Police, Fire and effected agencies. 3. Notification shall be mailed to the owners of properties within in all directions of the • proposed street. Notwithstanding the foregoing, if any of the properties are condominium or cooperative complexes, notification to the condominium or cooperative associations, requesting posting in every building within the complexes, shall be sufficient. 4. Notification shall be advertised in the local monthly newspaper once in the month prior to submittal to the City Commission and in the daily newspapers once prior to submittal to the City Commission. Notification in the local monthly newspaper may be included in the City's newsletter portion of that publication. 5. Signs, developed according to the same requirements as those provided through the City's Zoning Variance procedures, shall be posted for a minimum of thirty (30) days prior to submittal to the City Commission at the beginning and end of the affected street and not more than 1,000 feet apart between the two ends and at all intersections with principal arterial roadways, as defined by the City. 6. Following a Final Determination by the City Commission, the City shall be responsible for notice of approved changes to the City's Fire Department, Police Department (Broward Sheriff's Office District II Office,) and other applicable governmental agencies. Section VI: Automatic Denial Automatic denials will occur as a result of the following: 5 RESOLUTION NO. 2003-190 ® 1. A request is made to close or install speed humps on any of the major roadways. 2. An application is not submitted as required in Section II of these procedures. 3. A portion of the street has already been closed or speed humps installed causing a redundancy. 4. A request was proposed and considered by the City within three years of the date of submittal of the application. 5. Any of the effected agencies deem the closure or installation a hazard or unnecessary act. Section VII: Police, Fire & Affected Agencies After the application has been fully reviewed by the Director of Public Work's Office, it shall be submitted to the Police, Fire and effect agencies. At any point in this process, the request may be denied based on hazard or unnecessary act. Section Vill: Final Determination (Step 5 & 6) The City Commission shall make a Final Determination on granting or denying an application. In doing so, the Commission shall have absolute discretion and may grant or deny same for any reason or for no reason, All applications for Street Closures or Speed Hump installations in the City of Dania Beach shall be handled by the City Commission as a resolution, requiring one Public Hearing and final approval shall ® require a 4�5 3/5 vote of the City Commission. Section IX: Waiver of Guidelines The City shall consider a waiver to any portion of these guidelines or Procedures, except for Section VI: Automatic Denials, if by a 4/5 vote of the City Commission the Commission agrees to such a waiver of said portion for any other reason. • 6 RESOLUTION NO. 2003-190 • CITY OF DANIA BEACH APPLICATION FOR STEET CLOSURE OR SPEED HUMPS PLEASE TYPE OR CLEARLY PRINT ALL INFORMATION 1. Applicant information Name/Sponsoring Organization: If Organization, name of Director/President Address: Telephone: Daytime: Evening: Fax: E-mail: 2. Name or numerical designation of street: 3. Are you proposing a street closure [ ] or an addition of speed humps to an existing street [ ]? 4. Proposed boundaries of roadway where proposal would take effect: 5. What is the reason for the proposed street closure or speed humps: 6. Is there already a closure in place or speed humps on the street the petitioner is requesting for? Yes [ ] No [ ] If yes, what is the location of that street? 7. What neighborhoods will be impacted by the request? • 7 RESOLUTION NO. 2003-190 • 8. Please answer "YES" or "NO" to both "A" and "B" listed below: A. Have you submitted an original petition signed by the owners of a two-thirds (2/3) percentile majority of the properties which front on, back on, or contain the address of the affected street? Yes No B. If there are 100 or more properties within a quarter-mile distance in every direction of the affected street, have you submitted a petition signed by the owners of 20% of such properties? Yes No 9. Have the civic, condominium and homeowners' associations of the impacted communities been contacted? Yes No If"Yes," please specify the names of such associations and the results of each community organization's response and attach their correspondence: • 10. Have all the residents and/or businesses on the street been contacted? Yes No If"No," please submit list of those not contacted and explain attempts to contact them. If "Yes," please submit the supporting documentation? Signature of Applicant If Applicant is an organization, signature must be presiding officer Date of Application • 8 RESOLUTION NO. 2003.-190