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HomeMy WebLinkAbout2010 08 23 Public Hearing 501 Second Reading Ordinance Number 2010-06 Bicycle/Pedestrian Advisory Committee (BPAC) COMMISSION AGENDA ITEM 501 Consent Information Public Hearin • X Re I ular August 23, 2010 Meeting gr. / D ; :t. REQUEST: The Community Development Department — Planning Division and the Public Works Department request that the City Commission hold a Second Reading, Public Hearing and Adopt Ordinance 2010 -06, establishing a Bicycle/Pedestrian Advisory Committee (BPAC) with the responsibilities directed under the Comprehensive Plan. SYNOPSIS: The EAR -Based Amendments to the Comprehensive Plan directed the establishment of a trails advisory committee to further the non - motorized transportation network within the City. This committee shall be known as the Bicycle and Pedestrian Advisory Committee (BPAC). In furtherance, of that directive, an ordinance has been prepared outlining the creation, composition, and appointment of members as well as the purpose and duties of the Committee. CONSIDERATIONS: APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Chapter 163, Florida Statutes, specifically Section 163.3177, Florida Statutes (including revisions from HB 697 and SB 360 requiring Mobility Planning) Section 163.3194, Florida Statutes (Legal Status of Comprehensive Plan) Chapter 187, Florida Statutes (State Comprehensive Plan) Rule 9J -5, Florida Administrative Code Winter Springs Charter Section 4.15 Ordinances in General. Winter Springs Code of Ordinances, Chapter 2, Administration. Winter Springs 2008 Evaluation and Appraisal Report Winter Springs Comprehensive Plan, adopted September 28, 2009 Winter Springs Strategic Plan (specifically Goal 3 & Goal 8) Winter Springs 2009 Community & Business Visioning (Mobility was one of the ten (10) strategic goals identified) FINDINGS Bicycles and pedestrians are a critical component of the City's future transportation planning, as identified in the Comprehensive Plan. For this reason, the Comprehensive Plan policy directing the April 12, 2010 Public Hearing Agenda Item 501 Page 2 establishment of the BPAC is found within the Transportation Element, not the Parks and Recreation Element. The BPAC will serve a critical role in Growth Management and Transportation Mobility Planning for the City both in implementing directives of the Comprehensive Plan as well as meeting the Mobility Planning requirements of SB 360. SB 360 mandates Mobility Planning in lieu of what was previously known as "transportation concurrency". Senate Bill 360 as enacted into law in 2009, removed State - mandated transportation concurrency requirements and in its stead, requires that the City adopt a Mobility Plan by 2012. Non - motorized transportation corridors including trails and bikeways, will be a critical component of that Plan. The establishment of a City -wide trail and bikeway system which connects to other existing and proposed pedestrian and bikeway networks will expand efficient travel opportunities within the City and to our adjacent communities. The effectiveness of the BPAC will stem from the multiple perspectives, talents, and expertise that are brought together in the Committee to work toward a shared goal. This Committee of citizen advocates will enable the City to provide an accountable, focused, targeted effort to promote active and non - motorized transportation planning in ways that would not otherwise be possible. Additionally, these efforts will build a sense of community, enhance residents' engagement in community life, and provide a vehicle for community empowerment, while working to achieve a shared goal through the coordinated use of resources, leadership, and action. The Committee will explore strategies for building effective partnerships and through their efforts will help the City qualify for grant funding. The BPAC is modeled after Winter Park's Pedestrian & Bicycle Advisory Board, which is also a transportation- related committee, which is staffed by representatives from Public Works, Planning and Police. The mission of this Board is "to create a viable and safe pedestrian and bicycle - friendly infrastructure and promote these modes of transportation throughout the City ". Activities by this committee included enhancing bicycling and walking in Winter Park, updating the City's bicycle /pedestrian master plan, prioritizing projects, initiating a bike -to -work day during Florida Bike Month, hosting a bicycle rodeo, and applying for grants for bike racks and trail connectors. The membership of the Committee should whenever possible, include a resident from each Commission District, so that citywide geographic representation is provided along with specific knowledge of the area they represent. FISCAL IMPACT: This Committee of citizen advocates will enable the City to provide a focused, targeted effort to promote active and non - motorized transportation planning at a potentially huge cost savings to the City that would not otherwise be possible unless the City were to hire additional staff. Additionally, this Committee will play a crucial role in the City's ability to efficiently obtain funding for new trails, sidewalks, and bikeways. Also important to the long -term fiscal impacts are the positive contribution that non - motorized and multi -modal transportation networks will have on the health and economic well being of Winter Springs' residents. Committee members would not be paid. Although the City will incur some staff costs associated with the administration of this committee, the majority of time will be from salaried personnel at no additional cost to the City, and other April 12, 2010 Public Hearing Agenda Item 501 Page 3 administrative costs will be minimal compared to the benefit derived from increased citizen input and opportunity to receive additional grant monies. The City Clerk's office staff costs associated with the administration of this committee is estimated to be $3076 per year. COMMUNICATION EFFORTS: April 12, 2010 -1st Reading of Ordinance before the City Commission August 5, 2010 - Public Noticing in Orlando Sentinel (10 days prior to Adoption) August 23, 2010 -2nd Reading/Adoption of Ordinance Commission Agenda Items are posted in City Hall and posted on City's Website Communication of the opportunity for citizen involvement on this Committee will be promoted on the City's website and through ancillary organizations who may have Winter Spring's residents who would be interested in serving on the Committee. Tentative Implementation Schedule: TBD- Committee Appointments TBD- Committee Orientation and Kick -off Meeting STAFF RECOMMENDATION: The Community Development Department — Planning Division and the Public Works Department request that the City Commission hold a Public Hearing for Second Reading and Adoption of Ordinance 2010 -06, establishing a Bicycle/Pedestrian Advisory Committee (BPAC). ATTACHMENTS: A- Noticing in the Orlando Sentinel B- Ordinance 2010 -06 establishing the Bicycle/Pedestrian Advisory Committee (BPAC) ATTACHMENTA OrlandoSentinel City Of Winter Springs 1126 E STATE ROAD 434 WINTER SPRINGS, FL 32708 -2715 Before the undersigned -authority personally appeared LOR ersonall a eared Ann p ' Wr GEORDi A N C ES �O T.HE Carpenter /Tamela Vargas/Deborah M. Toney, who on oath says that NINT ER SPRIN F90_, O QRDI s/he is the Legal Advertising Representative of Orlando Sentinel, a :ICN GRD 1, E FT • : C i M ISSIQN- E iT CRE daily newspaper published in Seminole County, Florida; that the aGn l a SSS . _" FLOR - , ED attached copy of advertisement, being a Legal Notices in the matter T IES L ; PR,OVID N 1 S E Py g g ORDINANCES A N O N E S O UTI . of Ordinance No. 2010 -06 & No. 2010 -07 in the Seminole County INco I A co Court, was published in said newspaper in the issue(s); of A ' - P i E C 1fy 'CO IO O F• H C ITY ( ' R � OF • 08/05/10 : g T I SS LL D V i ORY 4.141.8i EE �TIIESLBR O DDII FOR OR E ND, ES O sal.: , I N O RPO A N N O THE Affiant further says that the said Orlando Sentinel is a newspaper T y , .ITY k AN E i published in said Seminole County, Florida, and that the said - ; -;1;=,;,' . i fit' k newspaper has heretofore been continuously published in said `.' ,N t . < �, Seminole County, Florida, each week day and has been entered as T its pa t h ` ` y Fr re, an f s C i i M1 f�1r o u h ; . second -class mail matter at the post office in said Seminole County, j �� e as " oad°s3 P t y prl 1 i F a l tei Florida, for a period of one year next preceding the first publication ` r Y � Aatt p s , ear.Ncipo a th ms� to . shoal t he m or e s : Re lat of the attached copy of advertisement; and affiant further says that 'Ina e cord nOr 48'h In PY y 180 0rle lhr, meet at • CI07 s/he has neither paid nor promised any person, firm or corporation h amnia �nr� t kn m°a a r' Clty �Comm ss oq. respect o am. any discount, rebate, commission or refund for the purpose of matter etll sarleeN y P rP :.wil . a record of..t e:pr for; put o�.yot may: nee securing this advertisement for publication in the said newspaper. a ensure at a y p erba It i t reeord of p nos is de upon which a t s based Interested pales ore's v ttwt may'appear a the and be g�ua with re io proposed ordinances e foregoing instrument was acknowledged before me this sist000s Rio day of August, 2010, Ann Carpenter/Tamela Vargas/Deborah M. Toney, who is personally known to me and who did take an oath. / / / ..A 410 Alita.,,../iarismi j4 CSt!ES„At ! M. Tour./ s ea y ` qa NU I - PA 'r' PL'£iLiC 2 ; u` i$ Igi STATi' O."•' ;:LORiDA _ , .�,i; orr n `. 00838521 W r'ti''' E i;is 11/18/2313 1080523 ATTACHMENT B ORDINANCE NO. 2010 -06 AN ORDINANCE OF THE CITY COMMISSION OF 'IIIE CITY OF WINTER SPRINGS, FLORIDA, CREATING THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE; ESTABLISHING PURPOSE AND DUTIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission adopted the Evaluation and Appraisal Report Amendments to the Comprehensive Plan on September 28, 2009; and WHEREAS, Transportation Element Policy 1.5.18 directs the establishment of a trails advisory committee made up of residents who will work together to pursue the planning and implementation of an interconnected trail and bicycle system and make appropriate recommendations to the City Commission; and WHEREAS, a Bicycle and Pedestrian Advisory Committee is needed to pursue the planning and implementation of non - motorized transportation linkages within and throughout the City to supplement and further enhance the value of the Cross - Seminole Regional Trail within the City; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 2, is hereby amended to create new sections 2-43 and 2-44 as follows (underlined type indicates textual additions to the City Code): Sec. 2 -43. Creation; composition; appointment of members. (a) Pursuant to Transportation Element Policy 1.5.18 of the city's comprehensive plan, the city hereby establishes a trails advisory committee which shall be known as the `Bicycle and Pedestrian Advisory Committee ". (b) The Committee shall have five (5) members and membership on the Committee shall be in accordance with the terms of Section 2-42 of this code except as expressly provided in this Section. The Committee may additionally include ex officio members. who may or may not be residents of City of winter Springs Ordinance No. 2010 -06 Page 1 of 3 the city, who can provide technical support or expertise in any aspect of the Committee's work. Such ex officio members will have no voting power and cannot be used for the purpose of establishing a quorum for meetings. Any commissioner or the mayor may appoint an ex officio member but such appointment is not effective until ratified by majority vote of the city commission. (c) Appointees to the Committee shall have knowledge and experience or interest in the planning and implementation of a city interconnected trail and bicycle system network, as determined by application. No person shall be appointed with private or personal interests likely to conflict with the general public interest. (d) The Committee shall conduct four (4) quarterly regular meetings each year and may conduct additional special meetings as may be necessary to properly perform its duties and functions. f e) The Committee shall establish rules and or bylaws to govern the manner in which its meetings and affairs are conducted, provided that such rules and procedures are not inconsistent with federal and state law, the city code or direction of the city commission. (f) The Committee shall be subject to the Florida Public Records Act and the Sunshine Law. Sec. 2 -44. Purpose and Duties. (a) The purpose of the Committee is to promote trail, pedestrian and bicycle circulation systems and encourage increased use of non - motorized transportation in the city. The Committee shall perform the following duties: f 1) Serve as an advocate for the adoption of a Trail and Bicycle System Master Plan for the city. (2) Promote pedestrian and bicycle travel as a viable transportation choice to connect neighborhoods with parks, schools, commercial areas, and other destinations in the city and surrounding area. (3) Assist with identifying funding sources and implementation strategies which further the development of an interconnected network of trails, sidewalks and bikeways within the city. ( 4) Recommend to the city commission establishment, development, planning, funding and maintenance of specific trail. sidewalk and bicycle projects. (5) Consider all matters submitted to it by the city commission or staff and shall offer suggestions or recommendations on its own initiative. It shall receive petitions and suggestions from the citizens of the city, and shall cooperate with civic groups. governmental agencies, and other organizations regarding trail, sidewalk and bicycle systemplanning and implementation. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like City of winter Springs Ordinance No. 2010 -06 Page 2 of 3 errors may be corrected and additions, alterations, and omissions, not affecting the construction or meAning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2010. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO - LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: April 12, 2010 Second Reading: Effective Date: City of Winter Springs Ordinance No. 2010 -06 Page 3 of 3 ORDINANCE NO. 2010 -06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, CREATING THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE; ESTABLISHING PURPOSE AND DUTIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission adopted the Evaluation and Appraisal Report Amendments to the Comprehensive Plan on September 28, 2009; and WHEREAS, Transportation Element Policy 1.5.18 directs the establishment of a trails advisory committee made up of residents who will work together to pursue the planning and implementation of an interconnected trail and bicycle system and make appropriate recommendations to the City Commission; and WHEREAS, a Bicycle and Pedestrian Advisory Committee is needed to pursue the planning and implementation of non - motorized transportation linkages within and throughout the City to supplement and further enhance the value of the Cross - Seminole Regional Trail within the City; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code, Chapter 2, is hereby amended to create new sections 2 -43 and 2 -44 as follows (underlined type indicates textual additions to the City Code): Sec. 2 -43. Creation; composition; appointment of members. (a) Pursuant to Transportation Element Policy 1.5.18 of the city's comprehensive plan, the city hereby establishes a trails advisory committee which shall be known as the "Bicycle and Pedestrian Advisory Committee ". (b) The Committee shall have five (5) members and membership on the Committee shall be in accordance with the terms of Section 2 -42 of this code except as expressly provided in this Section. The Committee may additionally include ex officio members, who may or may not be residents of City of Winter Springs Ordinance No. 2010 -06 Page 1 of 3 the city, who can provide technical support or expertise in any aspect of the Committee's work. Such ex officio members will have no voting power and cannot be used for the purpose of establishing a quorum for m etings. Any commissioner or the mayor may appoint an ex officio member but such appointment is not effective until ratified by majority vote of the city commission. (c) Appointees to the Committee shall have knowledge and experience or interest in the planning and implementation of a city interconnected trail and bicycle system network, as determined by application. No person shall be appointed with private or personal interests likely to conflict with the general public interest. (d) The Committee shall conduct four (4) quarterly regular meetings each year and may conduct additional special meetings as may be necessary to properly perform its duties and functions. (e) The Committee shall establish rules and or bylaws to govern the manner in which its meetings and affairs are conducted, provided that such rules and procedures are not inconsistent with federal and state law, the city code or direction of the city commission. (0 The Committee shall be subject to the Florida Public Records Act and the Sunshine Law. Sec. 2 - 44. Purpose and Duties. (a) The purpose of the Committee is to promote trail, pedestrian and bicycle circulation systems and encourage increased use of non - motorized transportation in the city. The Committee shall perform the following duties: (1) Serve as an advocate for the adoption of a Trail and Bicycle System Master Plan for the city. (2) Promote pedestrian and bicycle travel as a viable transportation choice to connect neighborhoods with parks, schools, commercial areas, and other destinations in the city and surrounding area. (3) Assist with identifying funding sources and implementation strategies which further the development of an interconnected network of trails, sidewalks and bikeways within the city. (4) Recommend to the city commission establishment, development, planning, funding and maintenance of specific trail, sidewalk and bicycle projects. (5) Consider all matters submitted to it by the city commission or staff and shall offer suggestions or recommendations on its own initiative. It shall receive petitions and suggestions from the citizens of the city, and shall cooperate with civic groups, governmental agencies, and other 9rganizations regarding trail, sidewalk and bicycle system planning and implementation Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like City of Winter Springs Ordinance No. 2010 -06 Page 2 of 3 errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida;: and pursuant to City Charter. ADOPTED by the City Commission of the City of W' • er Springs, Florida, in a regular meeting assembled on the 23r day of August, 2010. . J t F. BUS ;19l�yor ATTES ► : A 'DR / 41 0 RENZO - LUACES, City Clerk Approv • : s o legal form and sufficiency for the C'- 40 r Springs onl : ANTHONY A. GARGANESE, City Attorney First Reading: April 12, 2010 Second Reading: August 23, 2010 Effective Date: August 23, 2010 City of Winter Springs Ordinance No. 2010 -06 Page 3 of 3