HomeMy WebLinkAbout2010 04 12 Public Hearings 502 First Reading and Public Hearing Ordinance 2010-06 Establishing a Bicycle/Pedesrian Advisory Committee (BPAC) 1
CITY COMMISSION
ITEM 502
Information
Public Hearin X
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April 12, 2010
Meeting
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REQUEST: The Community Development Department — Planning Division and the Public
Works Department request that the City Commission hold a First Reading and Public Hearing for
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, a draft 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
Winter Springs Charter Section 4.15 Ordinances in General.
Winter Springs Code of Ordinances, Chapter 2, Administration.
Chapter 163, Florida Statutes, specifically
Section 163.3177, Florida Statutes (including revisions from HB 697)
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 2008 Evaluation and Appraisal Report
Winter Springs Comprehensive Plan, adopted September 28, 2009
• Specific policies related to the Committees' responsibilities are included as Attachment `A'
• More specifically, Transportation Element Policy 1.5.18 states, `Establish 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, Recreation and Open Space Element Policy 1.2.1 states, "Encourage public
participation in planning and development of all phases of the City's trail expansion
program."
April 12, 2010
Public Hearing Agenda Item 502
Page 2
WINTER SPRINGS 2009 COMMUNITY & BUSINESS VISIONING
• Trails were mentioned forty-six (46) times by residents as one of our community
"treasures" during the 2009 visioning workshop;
• Both enhanced trails and bike usage and multi -modal transportation were mentioned by
businesses in their 2020 vision of the City;
• S.W.O.T. analysis
o Trails were considered by residents as one of the City's strengths.
o Multi -modal transportation, bus, trails, pedestrian, and smart vehicles were
considered by residents as one of the City's opportunities.
o Historical district walking paths, transportation, and better utilization of trails were
considered by businesses as one of the City's opportunities.
• Comments concerning items residents would like to have:
o Expansion of the trails system was mentioned by residents, especially related to
improved access to local schools during our 2009 visioning workshop.
• Strategic Goals- Mobility was one of the ten (10) strategic goals established by the City
Commission and included the objective of exploring the feasibility of expanding the trail
system network.
WINTER SPRINGS STRATEGIC PLAN
Goal 8-"Explore potential use of volunteers to enhance provision of services"
Strategy 2: Enhance and promote the use of volunteers for the provision of applicable City
services.
Outcome: Reduces need for additional City staff, resulting in cost savings, and enhances
supervision of programs and activities. Provides additional fund raising resources.
Goal 3-"Aggressively complete the vision for Town Center"
Strategy 3: Revise the Land Development Regulations to comply with the adopted EAR -based
amendments, including the Town Center.
Outcome: Ensures the City's Land Development regulations are consistent with the goals,
objectives, and policies of the Comprehensive Plan and facilitate projects that have
sustainable densities, promote multi -modal forms of transportation, and encourage mixed -use
developments.
Strategy 5: Develop multiple Town Center transportation options.
Outcome: Provides public transportation, multi purpose sidewalks, bike
lanes, trails, specialty use parking and vehicular parking consistent
with Town Center development standards.
Strategy 6: Pursue further reductions of the speed limit along SR 434 in the Town
Center District.
FLORIDA SB 360 and MOBILITY PLANNING REQUIREMENTS, adopted into law June 2009.
Senate Bill 360 imposes new local planning requirements for Transportation Concurrency
Exception Areas (TCEAs) designated pursuant to the bill. Within two years after a TCEA
becomes effective (July 2012), the local government must amend its local comprehensive plan to
include "land use and transportation strategies to support and fund mobility within the exception
area, including alternative modes of transportation...Failure to comply with this mandate may
result in the imposition of sanctions..."
April 12, 2010
Public Hearing Agenda Item 502
Page 3
WHY CAN'T THE WORK OF THIS COMMITTEE BE INCLUDED IN THE PARKS &
RECREATION ADVISORY COMMITTEE?
As discussed at the recent workshop on boards and committees, the Parks & Recreation Advisory
Committee will need to be representative of a wide gamut of recreational and park programs and will
include as many as nine (9) individuals providing input and direction. While trail usage is certainly a
component of the City's recreational opportunities, bicycles and pedestrians are also and more
importantly, 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 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.
April 12, 2010
Public Hearing Agenda Item 502
Page 4
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. The
City Clerk's office staff costs associated with the administration of this committee is estimated to be
$3,076 per year.
COMMUNICATION EFFORTS:
Sept. 28, 2009- Adoption of EAR Based Amendments to the Comprehensive Plan
Nov. 9, 2009- Compiled list of Comprehensive Plan directives included in the Agenda Item
Feb. 1, 2010- Commission Workshop to Review Citizen Boards and Committees
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:
April 12, 2010 -1st Reading of Ordinance before the City Commission
April 15, 2010 - Public Noticing in Orlando Sentinel (10 days prior to Adoption)
April 26, 2010 -2nd Reading/Adoption of Ordinance
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 First Reading of Ordinance 2010 -06,
establishing a Bicycle /Pedestrian Advisory Committee (BPAC) and move the ordinance to second
reading.
ATTACHMENTS:
A- Goals, Objectives, and Policies in the Comprehensive Plan related to the responsibilities of
this Committee
B- Possible Project Funding Sources/Partnerships
C- Ordinance 2010 -06 establishing the Bicycle/Pedestrian Advisory Committee (BPAC)
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Policy 1.5 Continue to work with other jurisdictions to convert the former railroad right -of -way into a corridor for alternat modes o
travel within the City— walking trails, bicycle paths, equestrian and recreation.
Greeneway Interchange D
Policy 3.1.3: Connectivity. Require pedestrian bicycle and vehicular nectivity both internally and externally to a developable
properties (including public Trail linkages). (Cross Reference: See Recreation and Open Space Element, Policy 1.6.4)
Policy 3.2.6: Trail Linkages. Require public trail linkages through the GID con and require bicycle facilities (such as bike racks and lockers) to
support public access via alternative means.
Policy 3.3.4: Town Cen Linkages. Support public /private investment in transportation linkages between the GID and the Town Center (such
as a local transit circulator, water taxi, trail connection, or other innovative solutions.)
ri; Policy 1.3.6: Review through the development review process, all propose
d development for consistency w fu ture transportation projects
listed in this element, and for the implementation of the planned bicycle and trail system.
Policy 1.5.15: Continue to work with other jurisdictions to convert the former railroad right -of -way • into a corridor for alternative modes of
travel within the City— walking trails, bicycle paths, equestrian and recreation.
Policy 1.5.18: Establish a Trails Advisory Committee made up of residents who will work together to Pursue. the planning and implementation
of an nterconnected trail and bicycle system and make appropriate recommendations to the City Commisson.
Policy 1.5.19: Consider the feasibility of a route along S.R. 434 connecting the Town Center and the Greeneway Interchange District, with the
proposed facility to be limited to transit, bicycle and /or pedestrian access. Environmental feasibility and traffic circulation would be the
primary effort of the initial consideration. If permitting issues are not found to be insurmountable, a study may be perfo to address
issues such as potential routes and potential funding sources for capital and operating costs, and additional factors for a transit component C)
such as operating ag headways, hours o operation, projected ridership, and pricing.
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Policy 1.8.3: Include in all new road and trail plans, adequate right -of -way for poten landscaping, where feasible, and provide m
adequate funds for maintenance in the annual budget of the City. Z
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Policy 1.1.1: Utilize the following LOS standards:
Total Overall Public Park and Recreation Land Acreage (including Open Space): Eight (8) acres per 1,000 residents. For purposes of
implementing this policy, the City may utilize State and County park lands and trails that are located within the City's jurisdictional
boundaries. This standard includes land with passive and active uses.
City Owned Open Space: Four (4) acres per 1,000 residents. Open space is defined as "undeveloped lands suitable for passive recreation
or conservation ".
Policy 1.1.14: Prior to the vacation of any right -of -way, evaluate the potential of the right -of -way for use as part of a future trail corridor or
other alternative transportation linkage.
Objective 1.2: Trans. The City should work to expand the existing Cross Seminole? Trail system to include a network of City trails, thereby
improving access for pedestrians and cyclists to schools, parks, open spaces, and businesses and for the additional public outdoor recreation
opportunities traits provide. ,
Policy 1.2.1: Encourage public participation in planning and development of all phases of City's trail expansion program.
Policy 1.2.2: Partner with appropriate agencies to study and implement options for future coordinated provisions of a bike /trail network
Policy 1.2.3: Develop standards and guidelines for trail planning, development and maintenance.
Policy 1.2.4: Work with Florida Power & Light (FP &L) to co- locate trail easements in utility corridors.
Policy 1.2.5: Encourage homeowner associations whenever possible, to incorporate existing trails into the public trail system.
Policy 1.2.6: Acquire property or easements that can be integrated into the City's existing recreation and proposed trail network system as
illustrated on Map VI -6: Conceptual Trails Network System.
Policy 1.2.7: Make providing trails a priority in the new planning horizon for the connectivity they provide to schools, parks, natural lands,
and businesses.
Policy 1.6.4: Encourage new developments falling within the planned trail network to provide public trail linkages either through or adjacent
to their development.
Policy 1.7.2: Work with the Department of Environmental Protection and the Department of Transportation and other trail - related advocacy
and support agencies for assistance in developing a local trail network with connectivity to the regional trail system.
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Policy 1.1.7: Ad opt a trails networ p lan link residential areas to area o f business, recreation, educational, and cultural resources, where
po ssible.
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P • 1.3.1 Coordinati o Compr Plan Amendments an d Foc ili f y Plann Consider the availab and fu ture p ro vision
reserved d school
sites, the co- location of parks, recreation and neighborhoo fac with school sites and the linkage of schools, parks, libraries a nd other public facilities
with bikeways, trails, and sidewalks for safe access during the review of pro comprehensive plan land use map amendmen
t e
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Po licy 1 .3.5 : C o ordinate wi the Depa rtment o f Environmental Protect (DEP) Office of G reenways and Tra ils, M ORLANDO,
FDOT, Sem inole Count and other agencies to study and implemen opt for the coordinate provision of a pedestrian and bicycle trail
network.
ATTACHMENT B
Partial Listine of Possible Project Funding Sources/Partnerships:
Federal transportation legislation: The federal government plays a critical role in funding our
nation's transportation infrastructure. This includes funding for trail and other active
transportation infrastructure. A key part of such funding is the Transportation Enhancements
(TE) program, the nation's largest funding source for trails, walking and biking. Communities
across America are using Transportation Enhancements (TE) funds from the federal government
to expand travel choice, strengthen the local economy, improve the quality of life, and protect the
environment.
American Recovery and Reinvestment Act of 2009 (ARRA) Transportation Enhancement
Funding Federal Highway Administration (FHWA)
National Highway Traffic Safety Administration (NHTSA)
Department of Energy Block Grant Program
National Center for Chronic Disease Prevention and Health Promotion (CDC Common
Community Measures for Obesity Prevention Project)
Florida DEP Office of Greenways and Trails (OGT)
Florida Department of Transportation (FDOT)
Florida Division of Forestry, FTA
Florida Safe Routes to Schools (SRTS)
METROPLAN ORLANDO
LYNX
Seminole County
1 -cent Sales Tax (thru 2012)
RA
17 -92
US CRA
to Trails (RTC) Project Support Grants
Rails to Trails (RTC) Community Support Grants
Other Corporate Sponsors still to be identified
ATTACHMENT C
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 to be appointed by majority vote of the Commission.
The membership of the Committee shall. whenever possible, include a resident from each
commission district. The Committee may additionally include ex officio members, who are not
City of Winter Springs
Ordinance No. 2010 -06
Page 1 of 3
residents. from agencies with expertise in bicycle and pedestrian trail systems. Such ex officio
members will have no voting power and cannot be used for the purpose of establishing a quorum for
meetings.
(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.
(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:
(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 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 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:
Second Reading:
Effective Date:
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City of Winter Springs
Ordinance No. 2010 -06
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