PLACEMENT OF TRANSIT FACILITIES IN THE RIGHT-OF-WAY Board of County Commissioners Public Hearing March 25, 2014

Provide information on Ordinance development processProvide information on Ordinance development process Review Stakeholder Outreach effortsReview Stakeholder Outreach efforts Discuss Ordinance ProvisionsDiscuss Ordinance Provisions Request a Consistency Determination and Approval of OrdinanceRequest a Consistency Determination and Approval of Ordinance Purpose

BackgroundBackground Stakeholder OutreachStakeholder Outreach OrdinanceOrdinance Requested ActionRequested Action Presentation Outline

BackgroundBackground Stakeholder OutreachStakeholder Outreach OrdinanceOrdinance Requested ActionRequested Action Presentation Outline

LYNX Ridership – 28.8 million annuallyLYNX Ridership – 28.8 million annually Orange CountyOrange County –3,300 Bus Stops –750 Shelters Background

Approx Benches in CountyApprox Benches in County State and County RoadwaysState and County Roadways Agreement with Service ClubsAgreement with Service Clubs Background

ADA Compliance

Safety

Safety

Safety

Maintenance

Maintenance

Maintenance

Maintenance

Maintenance

LYNX CoordinationLYNX Coordination Bus Shelter ConflictsBus Shelter Conflicts Visual ClutterVisual Clutter Other Issues

LYNX Coordination

Bus Shelter Conflicts

ADA Safety Liability Maintenance LYNX Coordination Transparency Background

BCC Work Session - April 23, 2013BCC Work Session - April 23, 2013 –Develop an Ordinance –Conduct Stakeholder Outreach BCC Discussion - November 5, 2013BCC Discussion - November 5, 2013 –Update on Stakeholder Outreach –Draft Ordinance Provisions Background

P&Z Commission Work Session – November 21, 2013P&Z Commission Work Session – November 21, 2013 P&Z Commission Public Hearing - December 19, 2013P&Z Commission Public Hearing - December 19, 2013 –Consistency Determination –Recommendation of Approval with Changes Background

BackgroundBackground Stakeholder OutreachStakeholder Outreach OrdinanceOrdinance Requested ActionRequested Action Presentation Outline

Stakeholder Outreach External Stakeholders: Non-Profit OrganizationsNon-Profit Organizations Bench ProvidersBench Providers LYNX & I-Ride TrolleyLYNX & I-Ride Trolley FDOTFDOT MunicipalitiesMunicipalities Transit UsersTransit Users Neighborhood RepresentativesNeighborhood Representatives

Stakeholder Outreach Interdepartmental Team: County Attorney’s OfficeCounty Attorney’s Office Office of Regional MobilityOffice of Regional Mobility Public WorksPublic Works ZoningZoning Code EnforcementCode Enforcement BuildingBuilding Transportation PlanningTransportation Planning Risk ManagementRisk Management Purchasing and ContractsPurchasing and Contracts Comptroller’s OfficeComptroller’s Office

Stakeholder Outreach MeetingsStakeholder Outreach Meetings –June 25, 2013 –October 24, 2013 Individual Meetings/DiscussionsIndividual Meetings/Discussions Written Comments/FeedbackWritten Comments/Feedback Stakeholder Outreach

Do comply with ADA Standards Do require permitting Do require trash receptacles and maintenance Do continue supporting Non-Profits Do continue existing program and agreement Stakeholder Outreach

Don’t allow benches where there is an existing shelter Don’t allow benches where there is no transit stop Don’t duplicate Florida Statutes Don’t develop an ordinance Don’t “grandfather” in non-compliant benches Stakeholder Outreach

BackgroundBackground Stakeholder OutreachStakeholder Outreach OrdinanceOrdinance Requested ActionRequested Action Presentation Outline

Ordinance ORDINANCE

Applicable to: Bus BenchesBus Benches Transit SheltersTransit Shelters Ordinance

Ordinance ORDINANCE

ADA Compliance: Compliance with ADA regulationsCompliance with ADA regulations Clearance for wheelchair accessibilityClearance for wheelchair accessibility Ordinance

Ordinance ORDINANCE

Safety: Right-of-Way Permit requiredRight-of-Way Permit required Placement Standards – clearance, setbacks, site lines, clear zone (Greenbook Standards)Placement Standards – clearance, setbacks, site lines, clear zone (Greenbook Standards) Limit on number of benches/shelters per stopLimit on number of benches/shelters per stop Design Standards – bench length, depth, heightDesign Standards – bench length, depth, height Ordinance

Safety: Anchoring on concrete pad requiredAnchoring on concrete pad required Shelters require compliance with Florida Building CodeShelters require compliance with Florida Building Code 24-hr corrective action required upon notification by County if danger to life/property24-hr corrective action required upon notification by County if danger to life/property Ordinance

Ordinance ORDINANCE

Liability: FDOT and County Indemnification requiredFDOT and County Indemnification required $1M Commercial General Liability Insurance required$1M Commercial General Liability Insurance required –FDOT and County named as additional insured Appropriate Licensing/Business Tax Receipt requiredAppropriate Licensing/Business Tax Receipt required Ordinance

Ordinance ORDINANCE

Maintenance: Trash Receptacles and removal requiredTrash Receptacles and removal required Weeding, cleaning, insect control, graffiti removal requiredWeeding, cleaning, insect control, graffiti removal required 3-day notice given prior to County action3-day notice given prior to County action Ordinance

Ordinance ORDINANCE

LYNX Coordination: Transit Shelter priority – benches must be removed after placement of transit shelter (30 or 180 days)Transit Shelter priority – benches must be removed after placement of transit shelter (30 or 180 days) Coordination with LYNX to relocate benches to existing transit stopCoordination with LYNX to relocate benches to existing transit stop Ordinance

Ordinance ORDINANCE

Transparency: Transit Bench Agreement requiredTransit Bench Agreement required –May address advertising revenue –Shall address Non-Profit benefits –Shall address space for public announcements Minimum 5-year agreement termMinimum 5-year agreement term Ordinance

Transparency: Transit Shelter Agreement requiredTransit Shelter Agreement required –Shall address advertising revenue –Shall address space for public announcements Minimum 5-year agreement termMinimum 5-year agreement term Ordinance

Transparency: BCC has sole discretion over number of agreements with bench providersBCC has sole discretion over number of agreements with bench providers Inventory required to be submitted annuallyInventory required to be submitted annually Informational logo/decal required with contact information and permit numberInformational logo/decal required with contact information and permit number Advertising size and contentAdvertising size and content Ordinance

Ordinance ORDINANCE

Ordinance Changes since 12/19/13 P&ZC Hearing : Section Scope; Construction; Conflicts.Section Scope; Construction; Conflicts. Scope of Ordinance clarified to specify State roads within unincorporated Orange County and public ROW on County Roads, including those that extend into and through municipalitiesScope of Ordinance clarified to specify State roads within unincorporated Orange County and public ROW on County Roads, including those that extend into and through municipalities Section Definitions.Section Definitions. Public ROW definition revised to reference statutory definition of “Road,” “State Highway System,” and “County Road System”Public ROW definition revised to reference statutory definition of “Road,” “State Highway System,” and “County Road System” Ordinance

Ordinance Changes since 12/19/13 P&ZC Hearing : Section Transit Shelter Design.Section Transit Shelter Design. Removed specific size requirement for trash receptacles at transit shelters (prior approval by County still required)Removed specific size requirement for trash receptacles at transit shelters (prior approval by County still required) Section Advertising.Section Advertising. Deleted reference to “commercial” advertising; now applies to all advertisingDeleted reference to “commercial” advertising; now applies to all advertising Deleted prohibition on political and sexually “suggestive” advertising (sexually explicit still prohibited)Deleted prohibition on political and sexually “suggestive” advertising (sexually explicit still prohibited) Ordinance

Ordinance Changes since 12/19/13 P&ZC Hearing : Section Effect of the 1999 Bench Agreement.Section Effect of the 1999 Bench Agreement. (b) Replaced “30 days” and “365 days,” respectively, with actual dates (i.e. April 25, 2014, and March 25, 2015) (c) -If County doesn’t enter into another contract with existing provider, Ordinance provides for 6 months from date of notice to remove existing benches (instead of by September 27, 2014) - If County enters into contract with existing provider AND another provider, existing provider has 60 days from date of notice (instead of from effective date of additional contract) to remove benches from area covered by additional contract Ordinance

Additional Ordinance Changes Requested : Section Permitting.Section Permitting. Line 247:Line 247: Florida Department of Transportation (FDOT) and ASCE-7 requirements. Line 255:Line 255: approved plans, specifications, and all applicable FDOT and ASCE-7 requirements. Line 300:Line 300: transit bench or transit shelter on the public right-of- way and throughout the term of the agreement. Ordinance

Additional Ordinance Changes Requested : Section Placement.Section Placement. Line 324:Line 324: the forward end of any bus stop and shall connect the curb or edge of pavement and the concrete pad via an ADA-compliant path unless such a connection already exists (which shall be determined in the County’s sole discretion). Ordinance

BackgroundBackground Stakeholder OutreachStakeholder Outreach Preliminary Draft OrdinancePreliminary Draft Ordinance Requested ActionRequested Action Presentation Outline

Make a finding of consistency with the Comprehensive Plan, Make a finding of consistency with the Comprehensive Plan, Determine that this ordinance will not have a substantial economic impact on development within the County, Determine that this ordinance will not have a substantial economic impact on development within the County, Approve the proposed Ordinance to amend Chapter 21, Article VI, as amended today; and Approve the proposed Ordinance to amend Chapter 21, Article VI, as amended today; and Authorize staff to correct any scrivener’s or formatting errors during the preparation of the final ordinance. Authorize staff to correct any scrivener’s or formatting errors during the preparation of the final ordinance. Requested Action

PLACEMENT OF TRANSIT FACILITIES IN THE RIGHT-OF-WAY Board of County Commissioners Public Hearing March 25, 2014