HomeMy WebLinkAbout2004-02-17 Workshop Meeting City Commission Meeting Agenda Packet AGENDA
DANIA BEACH CITY COMMISSION
WORKSHOP MEETING
FEBRUARY 17, 2004
4:30 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO
ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,
AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS
REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY
PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE
CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO
PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK, 100 W. DANIA BEACH
BLVD,DANIA BEACH, FL 33004,(954)924-3622,AT LEAST 48 HOURS PRIOR TO MEETING.
1. Call to order
2. Roll Call:
3. Discussion of Allowable Maximum Building Height for Residential
Buildings in the Local Activity Center (Downtown) Area.
4. Discussion of Sign Code Amortization Ordinance (Removal of Non-
Conforming Signs).
5. Discussion of Sidewalk Replacement Ordinance.
6. Adjournment.
AGENDA 1 FEBRUARY 17, 2004
WORKSHOP MEETING
CITY OF DANIA BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
DATE: February 11, 2004
TO: Ivan Pato, City Manager
VIA: Laurence Leeds, AICP, Director
Department Of Community Development
SUBJECT: Sign Amortization
On December 19, 1998, the City Commission adopted a comprehensive
set of amendments to the sign code. Included in these amendments
was an amortization schedule requiring the following types of signs to
be removed by December 29, 2003:
1) All roof signs (excluding roof signs that are an integral part of the
building; ie. Liggott Drugs).
2) All pole signs (excluding pole signs in RM-Multifamily zoning
districts).
3) All painted wall signs.
Because these signs are prohibited, property owners cannot appeal or
ask for a variance to allow these signs to remain. If the code remains as
it is, all of the above signs are required to be removed.
Staff is bringing this to the Commission's attention since it has been so
long (5 years) since the ordinance was adopted. If it is the
Commission's desire to enforce the amortization code as adopted, no
action is necessary. If it is the commission's desire to delay
enforcement, or to change the amortization provisions, it will be
necessary to amend the zoning code accordingly.
Staff will provide documentation of the 1998 sign code public
notice/public meeting produces at the February 17, 2004 workshop.
RECOMMENDATION
To be discussed at the workshop.
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CITY OF DANIA BEACH m04-5
DEPARTMENT OF COMMUNITY DEVELOPMENT
TO: Mayor and City Commission
VIA: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP,
Community Development Director
DATE: February 11, 2004
REQUEST: Sidewalk Replacement
The 1971 City Code requires the City to survey all public sidewalks.
The City is to notify land owners to replace damaged sidewalks abutting
their property. If the abutting landowner does not comply, the City is to
perform the work and place a lien upon the abutting land for the cost of
the work. There is no City Commission appeal or variance once a
determination is made that a sidewalk needs to be replaced.
Preliminary field investigation by Engineering Consultant Fred
Bloetscher, P.E. indicates between approximately 500 parcels abut
sidewalks (or portions thereof) that need to be replaced. Mr. Bloetscher
also indicates most of the sidewalks in need of replacement are located
in the downtown area and east of Federal Highway.
Mr. Bloetscher indicates problems causing sidewalk deterioration
include trees, vehicle traffic, and age.
Trees: Some trees lift the sidewalk sections and will crack them.
The City Vegetation Code (required by law to mimic the County Code)
allows a non-specimen Black Olive tree to be removed upon a
determination by Public Services that the root system:
1) Has caused serious sidewalk damage, and
2) The problem cannot be corrected by root barriers, and
3) The homeowner agrees to replace the black olive with a similar
shade tree based on the canopy size of the tree to be removed.
Allowing the removal of swale tree under any other circumstances can
lead to decertification of Dania's Vegetation Code and loss of landscape
trust fund money to Broward County.
From a policy standpoint, Mr. Bloetscher indicates removal of canopy
trees on City streets will negatively impact storm water drainage. Trees
in swales discourage parking in swales. Removing the trees will allow
parking in the swales, which reduces the porosity of the soil, thereby
reducing drainage capacity, allowing flood water to remain longer in
residential areas.
Traffic: Traffic problems break sidewalks at driveways where the
sidewalk was not properly stabilized when originally constructed. Cars
pull in and the sidewalk cracks and eventually breaks.
Age: Old sidewalks will crack if expansion joints were not added
frequently enough. The heat of the summer can cause cracking over
time.
Survey of Surrounding Cities
Hollywood: Maintenance of sidewalks is the responsibility of the
adjacent property owners. Hollywood Code Enforcement cites
approximately 50 property owners per year for broken sidewalks (The
City of Hollywood encompasses 33 square miles).
The City has created a 50/50 cost-sharing program in which
homeowners can partner with the City Public Services Department to
repair their broken sidewalks and pay 50% of the cost of the repair.
Hollywood provides no special relief based on an individual's age or
infirmity.
Hallandale: Maintenance of sidewalks is the responsibility of the
adjacent property owners. Hallandale Code Enforcement cites from 20
to 50 sidewalks per year in need of replacement each year (The City of
Hallandale encompasses 4 square miles). Hallandale provides no
special relief based on an individual's age or infirmity.
Ft. Lauderdale: Maintenance of sidewalks is the responsibility of the
adjacent property owners. The code is not aggressively pursued, but
will enforce the issue in serious situations and will respond to citizen
complaints. Fort Lauderdale provides no special relief based on an
individual's age or infirmity.
Miramar/Pembroke Pines/Pompano: In older sections of these cities
(where sidewalks are located on city right-of-way, similar to Dania
Beach) the City repairs most sidewalks at no cost to the property owner.
STAFF RECOMMENIDATION
After Fred Bloetscher completes his broken sidewalk survey, there are
three options available to the City Commission, each with different
budget impacts:
1) Enforce the Code as currently written.
Funding will be required to contract out the sidewalk
replacement construction and inspection work, and the expense
associated with collection from delinquent property owners.
Some funding will be recouped from those property owners who
reimburse the city as required by the City Code.
2) Enforce the Code as written, with a 50/50 program to be
administered by the Department Public Services,
Funding as indicated above plus the cost of the City's 50%
share of sidewalk construction.
3) Budget sufficient funds to simply replace all broken sidewalks
and inspect replacement walks at no cost to the homeowner.
In those swales where swale trees have done irreparable,
incurable damage to the sidewalk, the city would also have to
assume the cost of replacing and installing swale trees.
Estimated cost to replace all (currently) broken sidewalks,
excluding swale tree replacement, $65,000.00.
CITY CODE PROVISIONS:
SIDEWALK SURVEY AND REPLACEMENT
Sec. 22-21. Property owners to construct, maintain sidewalks.
It shall be the duty of each owner of abutting property to construct or reconstruct,
and to maintain and keep in repair uniform and substantial sidewalks in front of or
abutting upon each parcel of his property within the city limits.
Sec. 22-22. Sidewalk specifications.
The width of each sidewalk, the material to be used in its construction, the grade
thereof, and the method and manner of constructing, reconstructing and repairing
the same shall be as prescribed and approved by the city.
(Code 1971, § 26-34)
Sec. 22-23. Survey and report of needed sidewalks, repairs.
It shall be the duty of the city manager to make a survey and report to the city
commission all places and sites within the city wherein it is necessary or advisable,
by reason of any unsafe, unsanitary or dangerous condition affecting the public
health, safety or general welfare or for any other reason, for sidewalks to be
constructed or reconstructed or repaired.
(Code 1971, § 26-35)
Sec. 22-24. Approval of sidewalk survey; notice to owner to construct.
Upon the approval by the city commission of any such survey and report, under the
provisions of the preceding section, the city commission shall give or cause to be
given written notice to the owner of the property abutting upon such sidewalk or
proposed sidewalk, directing such property owner to construct, reconstruct, maintain
or repair, as the case may be, the sidewalk or proposed sidewalk in front of or
abutting upon such property.
(Code 1971, § 26-36)
Sec. 22-25. Contents of sidewalk notice; service; publication.
The notice required by the preceding section shall direct the abutting property owner
to forthwith commence, and within thirty (30) days after date of such notice
complete, the construction, reconstruction or repair work. Such notice shall be
mailed to the address of each such property owner, if the address is known to, or by
reasonable diligence can be obtained by, the city auditor and clerk; if the address is
unknown or cannot be obtained by reasonable diligence, or if such notice is returned
unclaimed, then a copy of such notice directed to the owner shall be published in a
newspaper of general circulation in the county once each week for two (2)
consecutive weeks (two (2) publications being sufficient) directing the owner to
forthwith commence, and within thirty (30) days after the last publication of such
notice complete,the construction, reconstruction or repair work.
(Code 1971, § 26-37)
Sec. 22-26. Failure of owner to comply with sidewalk notice; work to be done by
city; assessment. In the event the abutting property owner shall fail or refuse to do
and perform the construction, reconstruction or repair work on any sidewalk or
proposed sidewalk within the time prescribed in the notice, under the provisions of
section 22-24, the city commission shall make or cause such work to be done and
make the cost thereof a charge and lien against such property of the same extent and
character as the lien now granted or which may hereafter be granted to the city by
law for special assessments for the cost of local improvements.
DRAFT SIDEWALK NOTIFICATION LETTER
Dear Property Owner:
Section 22-21 of the City Code (attached) requires property owners to maintain
and keep in repair abutting public sidewalks. Public sidewalks are generally
located between private property and the adjacent public street.
A recent inspection of public sidewalk abutting your property indicates that it is
unsafe and/or dangerous. As such, we request that you repair and replace the
damaged sidewalk within 60 days of the date of this letter.
A sidewalk permit must be obtained from the building division prior to
commencing work. Also, all sidewalk repair work must be constructed in
accordance with attached specifications. Questions regarding the
specifications should be directed to the Public Works/Utilities Department.
Thank you for your cooperation.