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
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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 `
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second -class mail matter at the post office in said Seminole County, j �� e as " oad°s3
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Florida, for a period of one year next preceding the first publication ` r Y � Aatt p s ,
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of the attached copy of advertisement; and affiant further says that 'Ina e cord nOr 48'h In
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s/he has neither paid nor promised any person, firm or corporation h amnia �nr� t kn m°a a r'
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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.
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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