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Home My WebLink AboutO-2021-028 Amending Ch. 22, Creating Sec. 22-7A Co-Designate Roads and Streets, Etc. and Deleting Sec. 700-150 SECOND READING REVISED 11-9-21ORDINANCE NO. 2021-028 SECOND READING REVISED 11/9/2021 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 22, OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "STREETS AND SIDEWALKS" AT ARTICLE 1, ENTITLED "IN GENERAL" BY CREATING SECTION 22-7A OF THE CITY CODE OF ORDINANCES TO BE ENTITLED "AUTHORITY OF CITY COMMISSION TO CO -DESIGNATE ROADS AND STREETS, ETC." AND DELETING CODE SECTION 700-150 ENTITLED "AUTHORITY OF CITY COMMISSION TO NAME, RENAME, NUMBER OR RENUMBER ROADS, ALLEYS, ETC.", OF CHAPTER 28, TO PROVIDE A PROCESS FOR THE CITY COMMISSION TO NAME OR RE -NAME PUBLIC RIGHTS OF WAY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission desire to create a process for designating, naming or re -naming public rights -of -way within the City of Dania Beach; and WHEREAS, it is in the City's best interests to create a process that is consistent with best practices, and takes into consideration various factors to ensure that the designation is appropriate for the City; and WHEREAS, the City desires to create section 22-7A of the City Code of Ordinances to document the City's process for designation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding "WHEREAS" clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2 That Chapter 22 of the City Code of Ordinances, which Chapter is entitled "Streets and Sidewalks", at Article 1, entitled "In General", at Section 22-7A, is created to read as follows: CHAPTER 22 STREETS AND SIDEWALKS ARTICLE I — IN GENERAL Sec. 22-7A. Authority of City Commission to co -designate roads and streets, etc. The Cily Commission m!qy, by resolution, adopt after a public hearing a co -designation of gny local road, street, subdivision street or alley (referred to as "street" in this Section) within the Cijy limits. All streets shall retain their current names as a co -designation. (a) GENERAL PROVISIONS. It shall be the responsibilily of the Cily Manager's Office to assign an individual to review, implement, and enforce the Cily's guidelines for co� designating Cily streets. Such duties shall include, but not be limited to the following: (1) IMplement the regulations established for co -designating Cily streets. (2) Facilitate citizen input through the process of notifying of propegy owners withing one (1) mile of the roadwqy segment to be co -designated. (3) Review all qpplications and advise the gpplicant as to whether or not the qpplication has met the requirement set forth in these regulations. (4) Coordinate with the Parks, Recreation, and Communily Affairs Advisory Board and g,Dy qpplicable Homeowner's Association, Civic Association or both for review and comments. (5) Present the completed qpplication and sppporting documentation to the City Commission along with the request for Cily Commission authorization to grant or deLly qpplication requests, based on the established requirements. If the Cily Commission issues a denial of such change, the qpplicant must wait two (2) years to re-qpply. (b) All individuals and organizations requesting to co -designate a Qijy of Dania Beach street must submit a Cijy of Dania Beach Application for co -designating streets, a petition as provided below, and an gpplication fee as determined by separate resolution. All costs, including notices, mailings, sign changes, staff time, etc. as determined by the City Manager's Office, shall be the responsibilily of the qpplicant. No qpplication shall be granted by the Cily Commission until after the Ci1y's receipt of 124Yment of the 4Pplication fee and notification, mailing, sign changes, and associated costs. Actual physical or other co -designation measures, including signage changes, shall not be performed by the City until such additional costs over and above the a-pWication fee, as determined by the Ci Manager's Office, are paid to the ci (c) Petition. The gpplicant shall submit to the Qijy Manager's Office the original copy of a petition which clearly states, on each page containing petition signatures, the full intent of the petition, which is signed by the owners of fift percent (50%) of the properties which front on, back on, or have a mailing address containing the name of the affected street. ORDINANCE #2021-028 SECOND READING (d) Criteria Considered When Reviewing Request To Co -Designate Street. All gpplications requesting that a Cily street be co -designated will be reviewed by the Cily Manager's Office for completeness and submitted to the Cily's Parks, Recreation and Communily Affairs Advisory Board for review and recommendation prior to submission to the Cily Commission for consideration. Reviews and Final Detenninations will be based on the following criteria: (1) Whether or not the request is proposed to co -designate the name of a local street. (2) Whether or not the name requested is alreqdy being utilized in the immediate or surrounding neighborhoods, other parts of the Cily, Broward Collpty or both. (3) Whether the requested segment of a particular street to be co -designated will cause confusion when the segmentation is not created by a natural landfonn or waterwgy. (4) Whether or not the name requested is perceived to be immoral or offensive to a portion of the Cily's citizepa. (5) Whether or not the street requested to be co -designated has an existing co -designation (no more than one co -designation should be authorized). (6) Whether or not the gpplicant has met the requirements referenced in this Code and have the sgp]2ort of the surveyed and affected propegy owners. (7) Whether or not the street or the existing name of the street requested to be co -designated has significant historical value to the Qijy. (8) If named after a person, the person must be retired from his or her principal career, be without a conviction of a crime of moral LuMitude, a feloLiy, or have a fraudulent, immoral, or offensive histoKy. (9) If natned after a corporation, the corporation, or other non -natural person, must have a reputation without a criminal, fraudulent, immoral or offensive history. (e) Notification of Street Co -Designations I . Mail notification of a co -designation request shall follow the requirements identified in the Cfty's Zoning variance procedures located at Section 610-20, of the Land Development Code (LDC), with the exception that propegy owners within one (1) mile shall be provided notice of such request. 2. Newspgper notification shall follow the same requirements identified in the Cily's Zoning variance procedures located at Section 610-20, of the Land Development Code (LDC). 3. Signs developed according to the same requirements as those provided through the Cily's Zoning variance procedures located at Section 610-20, of the Land Development Code (LDC). The signs shall be posted for thigy (30) dqys prior to submittal to the Cily Commission, at the beginning and end of the affected street and not more than 1,000 feet qpart, between the two street ends and at all intersections with principal arterial roadwgys, as defined by the Qijy. 4. AU costs incurred by the Ci�y for mailing, notices, sign changes, and other out-of-pocket arterial roadwgys, as defined by the City must be paid by the 4pplicant. 5. Following a Final Determination by the Cily Commission, the Cily shall be responsible for providing notice of gny gpproved changes to the Cily's Fire Department, Police Department (Broward Sheriff s Office District Il Officej the United States Postal Service, ORDINANCE #2021-028 SECOND READING the Broward Cogpty Propegy Appraiser's and Tax Collector's offices and other qpplicable governmental agencies. (f) Automatic Denial. An qpplication shall be denied for the following reasons: 1. A request is made to co -designate M of the following mgjtor roadwgys: North/South Roadways: US I/Federal Highwgy Interstate 95 Dixie Highway Beach Road/North Beach Road AlA US 441/ State Road 7 Anglers Avenue / Ravenswood Road Gulfstrearn Road East[West Roadways: Stirling Road Sheridan Street Dania Beach Boulevard Park Street 2. An qpplication is not submitted with all requirements identified by this section. 3. A portion of the street has already been co -designated. 4. A request was proposed and considered by the Qijy within two (2) years of the date of submittal of the 4pplication. 5. Another street has already been so co -designated or is concurrently being proposed for co -designation with the same name, unless the streets are a continuation of the same street across a north/south or east/west division line. 6. The individual after whom the street is to be co -designated had been convicted for a felopy or gLny crime involving moral LuKpitude or had pending charges of a feloLiy on M crime involving moral tprpitude at the time of his or her death. 7. The cop2oration or other non -natural person after which the street is proposed to be co - designated must have a reputation (and its officers and representatives) without a felou criminal, fraudulent, immoral or offensive history. 8. The street was named prior to 1949. (g) Parks, Recreation And Communi1y Affairs Advisoly Board. After the Mlication has been fully reviewed by the City Manager's Office, it shall be submitted to the Parks, Recreation and Conununijy Affairs Advisory Board. The process generally utilized by the Board for other matters shall be utilized for the co -designation of Streets process. However, the decision of the Board shall be advisoly only and shall be submitted to the Cily of Dani Beach Cily Commission for a Final Detennination. ORDINANCE #2021-028 SECOND READING (h) Final Determination. The Ci1y Commission shall make a Final Determination of granting or deLiying an qpplication. In doing so, the Cily Commission shall have absolute discretion for co -designating a Cily of Dania Beach street shall be processed by the Cily Commission as an ordinance, requiring two readings, one of which shall be a Public Hearing. Final qpproval shall require a 4/5 vote of the Cily Commission. (i) Waiver of Guidelines. The Ci1y shall consider a waiver to PnY portion of these guidelines for procedures, except for Section (Q above, entitled "Automatic Denials," if by a 4/5 vote of the Cily Commission, the Commission agrees to such a waiver of a portion for M other reason. Section 3. That Chapter 28 , entitled the "Land Development Code", at Article 700 Entitled, "Code Administration And Legal Provisions", Section 700-150 entitled "Authority Of City Commission To Name, Rename, Number Or Renumber Roads, Alleys, Etc." of the City Code of Ordinances, is amended to read as follows: CHAPTER 28 LAND DEVELOPMENT CODE ARTICLE 700 — CODE ADMINISTRATION AND LEGAL PROVISIONS Sec. 700-150. Reserved. See. 700 150. Authority of eity eommission to name, r-ename, number- or renumber- r-oads5 alleys, . ...... . . ....... rMT." PTW� W."Wrr-F-90MM. 1 90 . ............ . ...... NOW' W"', W Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. 5 ORDINANCE #2021-028 SECOND READING Section 6. That this Ordinance shall be effective immediately upon its passage and adoption on second reading. PASSED on first reading on October 26, 2021. PASSED AND ADOPTED on second reading on November 9, 202 1. ATTEST: THOMAS SCHNEIDER, CMC 0 CITY CLERK APPROVED AS TONORM AND CORRECTNESS: THOMAS J. CITY ATTC P 6 ORDINANCE #2021-028 SECOND READING