Title
MOTION TO ADOPT PROPOSED ORDINANCE NO. 2024-04 ON SECOND AND FINAL READING
PROPOSED ORDINANCE NO. 2024-04 IS AN ORDINANCE OF THE CITY OF PEMBROKE PINES, FLORIDA; AMENDING CHAPTER 52 OF THE CITY CODE OF ORDINANCES ENTITLED “STREETS AND SIDEWALKS”; SPECIFICALLY AMENDING SECTION 52-24, ENTITLED “CONSTRUCTION, MAINTENANCE REQUIREMENTS”, TO INCREASE THE VERTICAL CLEARANCE REQUIREMENT FOR TREES LOCATED WITHIN SWALE AREAS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
1. The National Fire Protection Association (NFPA) book 1, establishes the Florida Fire Prevention Code (FFPC) which includes regulations and hazard management guidance.
2. Chapter 18 of the FFPC, entitled Fire Department Access and Water Supply, requires a minimum vertical clearance of thirteen (13) feet and six (6) inches on fire apparatus access roads.
3. Chapter 52 of the City Code of Ordinances, entitled Streets and Sidewalks establishes the minimum standards for construction and maintenance of swale areas.
4. Section 52.24, entitled “Construction, Maintenance Requirements”, provides that all trees within swale areas shall be kept trimmed by the owner and shall have a clearance of at least eight (8) feet above the sidewalk and ten (10) feet above the street level so as to permit pedestrian and vehicular traffic beneath the trees without interference.
5. Currently the section 52.24 (C)(4) of the Code of Ordinance and Chapter 18 of the FFPC are in conflict with each other as it pertains to the minimum clearance required.
6. Following first reading, staff further evaluated the Florida Department of Transportation (FDOT) roadway and maintenance guide; within the guide, the standard clearance is fourteen feet six inches. Staff has updated the proposed ordinance to be complaint with both FFPC and FDOT standards.
7. City staff is proposing to amend Section 52.24 and increase the clearance from ten (10) feet to fourteen feet six inches (14.5 feet) above street level and to eight feet and six inches (8.5 feet) above the sidewalk. The revision will insure that fire apparatus will be able to traverse access roads.
8. The City Commission passed the proposed ordinance on first reading at its March 20, 2024 meeting.
9. Administration recommends adopting Proposed Ordinance no. 2024-04 on second and final reading.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: None
b) Amount budgeted for this item in Account No: Not Applicable
c) Source of funding for difference, if not fully budgeted: Not Applicable
d) 5 year projection of the operational cost of the project: Not Applicable
e) Detail of additional staff requirements: Not Applicable
FEASIBILITY REVIEW:
A feasibility review is required for the award, renewal and/or expiration of all function sourcing contracts. This analysis is to determine the financial effectiveness of function sourcing services.
a) Was a Feasibility Review/Cost Analysis of Out-Sourcing vs. In-House Labor Conducted for this service? Not Applicable
b) If Yes, what is the total cost or total savings of utilizing Out-Sourcing vs. In-House Labor for this service? Not Applicable
BUSINESS IMPACT ESTIMATE:
Pursuant to Section 166.041, F.S., a Business Impact Estimate (BIE) must be prepared for certain ordinances that impact the operations of local businesses.
a) Is a Business Impact Estimate (BIE) Form attached to this Ordinance? Yes.
b) Is this Ordinance exempt from requiring an Business Impact Estimate (BIE)? No