Parking and Sidewalk Safety in the ROR

The following was written for a handout at the most recent P&Z and Commission Joint Session

January 11, 2010

It’s been suggested we have three options regarding off street parking configurations:
1. Continue as we are. Change nothing.
2. Move the sidewalks.
3. Create driveways and require off-street parking configurations on the developed properties.
I suggest Option 1 is no longer an option, for these reasons.
By Florida statute:
Title XXIII
MOTOR VEHICLES Chapter 316
STATE UNIFORM TRAFFIC CONTROL

316.1995 Driving upon sidewalk or bicycle path.--No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

We’ve got a problem. Either we designate every location in which a vehicle crosses a sidewalk a driveway, or the drivers of those vehicles crossing the sidewalk are committing moving violations. It’s illegal to drive across a sidewalk unless you’re on a driveway.




If we don’t call them driveways, we’ve created at dilemma for the Manatee County Sheriffs. Their job is to enforce the law. Do we ask them to start writing tickets for all those folks who are unwittingly breaking the law? In my discussions with Sgt. Turner, he indicated in no uncertain terms that is something he could not in good faith ask his men to do.
I don’t blame him. But now we’ve put our sheriff’s in a position of discretionary enforcement. Even selective enforcement.
For argument’s sake, let’s say we do call them driveways. We’ve just opened up a whole new can of worms.
From the Traffic Circulation Element of the City of Anna Maria, Florida 2007-2020 Comprehensive Plan.

Objective 1.4: As an ongoing objective, the City’s traffic circulation system shall emphasize safety and aesthetics.

It’s pretty hard to contend backing across a sidewalk emphasizes safety. It’s also hard to contend creating sandlots on the edge of the street emphasizes aesthetics. And whether you move the sidewalk or not, you haven’t made it any safer for bicycles or vehicles. Back out parking doesn’t work, no matter where you put the sidewalk.

And I’m not interested in hearing how they do it in Sarasota or in Holmes Beach. Sarasota and Holmes Beach don’t have Comp Plans that require them to “preserve the unique, historic cottage type housing and the existing single family residential character of the City” like Anna Maria does. Anna Maria is unique. We’re supposed to keep it that way. Making it look like Sarasota or Holmes Beach does not.
Policy 1.4.5: The City shall control connections/access points of driveways to the roadway system through land development regulation.
How is allowing multiple adjacent driveways controlling access points to the roadway system? This emphasizes safety?
Not according to AASHTO.
As defined by the American Association of State Highway and Transportation Officials (AASHTO), a driveway is an access constructed within the public right of way, connecting the
public roadway with adjacent property. AASHTO also considers driveways intersections. The driveway should be placed in a manner to minimize conflicts with the roadway and sidewalk.. . . if driveways are frequent, . . the pedestrian faces substantial discomfort and risk. Every driveway creates potential conflicts. Reducing the number of driveways reduces the number of pedestrian/vehicle conflict points.

Again, Option 1 is no longer an option for a multitude of safety reasons. Furthermore, it’s illegal, unless we’re willing to designate every sidewalk crossing a driveway.

Option 2 is moving the sidewalks. In my opinion, aside from eliminating the multiple driveways on the sidewalk, it accomplishes little from a safety perspective. We’re still left with vehicles backing into bicycle and vehicle traffic, we’re still looking at the backs of cars up and down the ROR, and we’ve ceded the City right of way to property owners. If your vision of Pine Avenue is a street lined with palm trees and foliage, a street that retains the unique residential character of Anna Maria, and preserves that historic cottage architecture for which we’re famous, forget it. Move the sidewalks, line the streets with parked cars, and you’re fairly shouting “Here’s your commercial district!” You’re encouraging developers to maximize the size of their buildings. That, when our Comp Plan says we should find ways to encourage them to build smaller than allowed buildings.

With no disrespect intended to Mr. Aubrey, we all know the devil is in the details. Although his drawings are interesting conceptually, for me they raise more questions than they provide answers. The other drawings submitted showed examples of making it fit. They showed setbacks, right-of-ways, building dimensions, potential uses (residential or commercial) with the requisite number of parking spaces for each. One can criticize them artistically, but Gene is the only professional architect in the bunch. Of course his drawings are going to look better.

Option 3, to me, makes the most sense. Effecting it requires no conceptual changes, no paradigm shift. All that’s required are a few simple clarifications in our LDR’s.

1. Adopt the AASHTO definition of driveway. “a driveway is an access
constructed within the public right of way, connecting the
public roadway with adjacent property.” I’ve been told the current definition may indicate only residential applications because it only gives residential examples. The state of Florida considers a driveway to be access to any property, residential or commercial. We should align our definition with theirs.
2. Add “driveway openings” to the curb cut language. It’s the intent of the Comp Plan to limit access points of driveways to the roadway system, whether we have curbs or not. Let’s do it.
3. Add a definition for “maneuvering”. Apparently, there’s been some confusion regarding what exactly maneuvering is. Let’s define it. Random House has ten definitions for “maneuver.” I suggest we use the one that applies to vehicles: “to steer in various directions as required.”

What does this all boil down to?

We continue to require developers to comply with our land development regulations as they currently exist. Put the parking solely on their properties. Limit the number of driveway openings. Accommodate pedestrian and bicycle traffic. The City can use the right of way to create a green zone buffer of trees and foliage. And Anna Maria’s ROR can retain its unique residential character. With a little luck, we may see some more historic type cottages built.
Thank you.

Harry Stoltzfus
City of Anna Maria Commissioner