PLACEMENT OF TRANSIT FACILITIES IN THE

RIGHT-OF-WAY

Board of County CommissionersPublic HearingMarch 25, 2014

• Provide information on Ordinance development process

• Review Stakeholder Outreach efforts

• Discuss Ordinance Provisions

• Request a Consistency Determination and Approval of Ordinance

Purpose

• Background

• Stakeholder Outreach

• Ordinance

• Requested Action

Presentation Outline

• Background

• Stakeholder Outreach

• Ordinance

• Requested Action

Presentation Outline

• LYNX Ridership – 28.8 million annually

• Orange County– 3,300 Bus Stops

– 750 Shelters

Background

• Approx. 1200 Benches in County

• State and County Roadways

• Agreement with Service Clubs

Background

ADA Compliance

Safety

Safety

Safety

Maintenance

Maintenance

Maintenance

Maintenance

Maintenance

• LYNX Coordination

• Bus Shelter Conflicts

• Visual Clutter

Other Issues

LYNX Coordination

Bus Shelter Conflicts

Bus Shelter Conflicts

Bus Shelter Conflicts

Bus Shelter Conflicts

Bus Shelter Conflicts

Bus Shelter Conflicts

Bus Shelter Conflicts

Bus Shelter Conflicts

ADASafetyLiabilityMaintenance

LYNX Coordination

Transparency

Background

• BCC Work Session - April 23, 2013– Develop an Ordinance

– Conduct Stakeholder Outreach

• BCC Discussion - November 5, 2013– Update on Stakeholder Outreach

– Draft Ordinance Provisions

Background

• P&Z Commission Work Session – November 21, 2013

• P&Z Commission Public Hearing - December 19, 2013– Consistency Determination

– Recommendation of Approval with Changes

Background

• Background

• Stakeholder Outreach

• Ordinance

• Requested Action

Presentation Outline

Stakeholder Outreach

External Stakeholders:

• Non-Profit Organizations

• Bench Providers

• LYNX & I-Ride Trolley

• FDOT

• Municipalities

• Transit Users

• Neighborhood Representatives

Stakeholder Outreach

Interdepartmental Team:• County Attorney’s Office

• Office of Regional Mobility

• Public Works

• Zoning

• Code Enforcement

• Building

• Transportation Planning

• Risk Management

• Purchasing and Contracts

• Comptroller’s Office

• Stakeholder Outreach Meetings– June 25, 2013

– October 24, 2013

• Individual Meetings/Discussions

• Written 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

• Background

• Stakeholder Outreach

• Ordinance

• Requested Action

Presentation Outline

ADASafetyLiabilityMaintenance

LYNX Coordination

Transparency

Ordinance

ORDINANCE

Applicable to:

• Bus Benches

• Transit Shelters

Ordinance

ADASafetyLiabilityMaintenance

LYNX Coordination

Transparency

Ordinance

ORDINANCE

ADA Compliance:• Compliance with ADA regulations

• Clearance for wheelchair accessibility

Ordinance

ADASafetyLiabilityMaintenance

LYNX Coordination

Transparency

Ordinance

ORDINANCE

Safety:• Right-of-Way Permit required

• Placement Standards – clearance, setbacks, site lines, clear zone (Greenbook Standards)

• Limit on number of benches/shelters per stop

• Design Standards – bench length, depth, height

Ordinance

Safety:• Anchoring on concrete pad required

• Shelters require compliance with Florida Building Code

• 24-hr corrective action required upon notification by County if danger to life/property

Ordinance

ADASafetyLiabilityMaintenance

LYNX Coordination

Transparency

Ordinance

ORDINANCE

Liability:• FDOT and County Indemnification

required

• $1M Commercial General Liability Insurance required– FDOT and County named as additional

insured

• Appropriate Licensing/Business Tax Receipt required

Ordinance

ADASafetyLiabilityMaintenance

LYNX Coordination

Transparency

Ordinance

ORDINANCE

Maintenance:• Trash Receptacles and removal required

• Weeding, cleaning, insect control, graffiti removal required

• 3-day notice given prior to County action

Ordinance

ADASafetyLiabilityMaintenance

LYNX Coordination

Transparency

Ordinance

ORDINANCE

LYNX Coordination:• 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 stop

Ordinance

ADASafetyLiabilityMaintenance

LYNX Coordination

Transparency

Ordinance

ORDINANCE

Transparency:• Transit Bench Agreement required

– May address advertising revenue

– Shall address Non-Profit benefits

– Shall address space for public announcements

• Minimum 5-year agreement term

Ordinance

Transparency:• Transit Shelter Agreement required

– Shall address advertising revenue

– Shall address space for public announcements

• Minimum 5-year agreement term

Ordinance

Transparency:• BCC has sole discretion over number of

agreements with bench providers

• Inventory required to be submitted annually

• Informational logo/decal required with contact information and permit number

• Advertising size and content

Ordinance

ADASafetyLiabilityMaintenance

LYNX Coordination

Transparency

Ordinance

ORDINANCE

Ordinance Changes since 12/19/13 P&ZC

Hearing:• Section 21-247. 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 municipalities

• Section 21-248. Definitions.

• 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 21-254. Transit Shelter Design.

• Removed specific size requirement for trash receptacles at transit shelters (prior approval by County still required)

• Section 21-255. Advertising.

• Deleted reference to “commercial” advertising; now applies to all advertising

• Deleted prohibition on political and sexually “suggestive” advertising (sexually explicit still prohibited)

Ordinance

Ordinance Changes since 12/19/13 P&ZC

Hearing:• Section 21-258. 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 21-251. Permitting.

• Line 247: Florida Department of Transportation (FDOT) and ASCE-7 requirements.

• Line 255: approved plans, specifications, and all applicable FDOT and ASCE-7 requirements.

• 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 21-252. Placement.

• 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

• Background

• Stakeholder Outreach

• Preliminary Draft Ordinance

• Requested Action

Presentation Outline

• 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,

• 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.

Requested Action

PLACEMENT OF TRANSIT FACILITIES IN THE

RIGHT-OF-WAY

Board of County CommissionersPublic HearingMarch 25, 2014