Loading...
Agenda 05/10/2016 Item #17D Proposed Agenda Changes Board of County Commissioners Meeting May 10, 2016 Continue Item 16D5 to the May 24, 2016 BCC Meeting: Recommendation to approve the First Amendment to the Subrecipient Agreement with Habitat for Humanity of Collier County, Inc., to shift remaining project delivery funds between line items in order to fully expend remaining awarded funds for acquisition. There is no net fiscal impact. (Commissioner Fiala's request) Move Item 16J1 to Item 13A: To provide to the Board of County Commissioners the Clerk of the Circuit Court's Internal Audit Report 2016-01, Authorized Use of Motor Fuel Taxes issued on April 6, 2016. (Commissioner Hiller's request) Move Item 16J2 to Item 13B: To provide to the Board of County Commissioners the Clerk of the Circuit Court's Internal Audit Report 2016-2, 2015 Fiscal Year-End Inventory of EMS Helicopter Operations Parts, issued on May 4, 2016. (Commissioner Hiller's request) Continue Item 16J3 Indefinitely until such time as the Clerk certifies that the payables presented in this report have been pre-audited as previously specified by the Board: To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between April 14 to April 27, 2016 pursuant to Florida Statute 136.06. (Commissioner Fiala's request) Move Item 16J5 to Item 13C: Report to the Board of County Commissioners (BCC) regarding the status of payments to Paradise Advertising and Marketing, Inc. pursuant to BCC request of April 26, 2016. (Commissioner Hiller's request) Move Item 17D to Item 9A: Recommendation to approve an Ordinance amending Ordinance No. 2006-57 to add a new section allowing for the use of golf carts upon designated roads in the Ave Maria Stewardship Community District (the "District"). (Commissioner Taylor's request) Note: Item 9A (Previously Item 17D): Exhibit A to the proposed ordinance was inadvertently omitted from the agenda. The Exhibit has been distributed to the Board members and to the Minutes and Records Department. (County Attorney's request) Time Certain Items: Item 11B to be heard at 10:00 a.m. W 5/10/2016 17.D. EXECUTIVE SUMMARY Recommendation to approve an Ordinance amending Ordinance No. 2006-57 to add a new section allowing for the use of golf carts upon designated roads in the Ave Maria Stewardship Community District (the "District"). OBJECTIVE: To approve an Ordinance amending Ordinance No. 2006-57 to add a new section allowing for the use of golf carts upon designated roads in the town of Ave Maria, Florida. CONSIDERATIONS: The District has joined a growing number of communities seeking alternative transportation options for local convenience trips. On March 24, 2015, the District publicly petitioned the Board, on behalf of its residents, to allow the use of golf carts on District roads. Subsequently, the District hired local consultant Trebilcock Consulting Solutions, PA., to prepare a Golf Cart Traffic Study (see attached), which evaluated the compatibility of the community for golf cart usage. After reviewing the safety characteristics of the key roadways within the District, the Study recommended the operation of golf carts on specific local streets and within the town core/town center areas of roadway collectors. The proposed Ordinance generally allows for the use of golf carts in specifically designated areas of Ave Maria during daylight hours, unless the District authorizes that golf carts may be operated safely beyond those hours and the golf cart is equipped with functioning headlights and other specified equipment. The Ordinance also specifies equipment that must be included on all golf carts, identifies persons eligible to operate golf carts and other requirements to promote safe operation. If adopted by the Board, all signing and marking associated with this action shall be purchased, installed and maintained by the Ave Maria in accordance with County approved signing and marking standards. Any future revisions or changes shall be approved by the County Traffic Operations section prior to implementation. At the Board's April 26, 2016 meeting it approved advertising the proposed Ordinance. A copy of the legal advertisement is attached with the back-up documents for this item. By its Resolution No. 2016-01, the District found that it is in the best interest of the District and its residents to designate certain public roadways for golf cart use and expressed its support for the adoption of the proposed Ordinance. Further, the District entered into an agreement to defend Collier County against actions related to adoption of the proposed Ordinance, which the Board approved at its April 26ffi meeting. FISCAL IMPACT: The fiscal impact associated with this item is limited to the advertising costs of $387.15. Ave Maria will be responsible for all installation and maintenance of signs and markings associated with this action, now and in the future. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: The Town of Ave Maria is planned in accordance with the goals, objectives, and policies contained in the Collier County Growth Management Packet Page -1443- 5/10/2016 17.D. Plan, including the development standards contained in the Land Development Code for the Rural Lands Stewardship Area (RLSA) RECOMMENDATION: That the Board approve an Ordinance amending Ordinance No. 2006- 57 to add a new section allowing for the use of golf carts upon designated roads in the town of Ave Maria, Florida. Prepared By: Marlene Messam, P.E., Principal Project Manager, Transportation Engineering, Growth Management Department. Attachments: 1. Agreement to Defend Collier County 2. District Resolution No. 2016-01 3. Proposed Ordinance 4. Golf Carts — Traffic Study 5. Proof of Advertising 2 Packet Page-1444- COLLIER COUNTY Board of County Commissioners Item Number: 17.17. D. 5/10/2016 17.D. Item Summary: Recommendation to approve an Ordinance amending Ordinance No. 2006-57 to add a new section allowing for the use of golf carts upon designated roads in the Ave Maria Stewardship Community District (the "District"). Meeting Date: 5/10/2016 Prepared By Name: NeetVirginia Title: Legal Assistant/Paralegal, CAO Office Administration 4/27/2016 2:54:02 PM Submitted by Title: Legal Assistant/Paralegal, CAO Office Administration Name: NeetVirginia 4/27/2016 2:54:03 PM Approved By Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 4/28/2016 7:48:39 AM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 4/28/2016 8:42:56 AM Name: KlatzkowJeff Title: County Attorney, Date: 4/29/2016 1:14:45 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/30/2016 11:38:13 AM Packet Page -1445- 5/10/2016 17.D. AVE MARIA STEWARDSHIP COMMUNITY DISTRICT AGREEMENT TO DEFEND COLLIER COUNTY AGAINST ACTIONS RELATED TO ADOPTION OF ORDINANCE THIS AGREEMENT ("Agreement") is made and entered into this day of , 2016, by and between: Ave Maria Stewardship Community District, a local unit of special-purpose government established pursuant to Chapter 2004-461, Laws of Florida and Iocated in Collier County, whose address is 2501A Burns Road, Palm Beach Gardens, Florida 33410 (the "District"), and Collier County, a political subdivision of the State of Florida, whose mailing address is 3299 Tamiami Trail East, Naples, Florida 34112 (the "County" and, together with the District, the "Parties"). RECITALS WHEREAS, the District was established for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure, including but not limited to roadways; and WHEREAS, the District residents desire to operate golf carts on the public roads and streets within the boundaries of the District; and WHEREAS, Section 316.212, Florida Statutes, authorizes the County to designate certain roadways for golf cart use; and WHEREAS, the County has adopted Ordinance designating the public roads and streets within the boundaries of the District for golf cart use; and Now, THEREFORE, in consideration of the mutual covenants contained in this Agreement, it is agreed that the District shall defend and indemnify County in any suit, claim, and actions related to the adoption, validity and enforcement of Ordinance with the following covenants and conditions, which both the District and the County have agreed upon: 1. INCORPORATION OF RECITALS. The recitals stated above are true and correct and by this reference are incorporated herein as a material part of this Agreement. 2. DUTY TO DEFEND. Without waiving the District's sovereign immunity or the District's limits of liability as set forth in Section 768.28, Florida Statutes, the District agrees to defend and indemnify Collier County and its agents and employees from all suits, actions, and claims including attorney's fees and all costs of litigation and judgments regarding the adoption, validity and enforcement of Ordinance designating the public roads and streets within the boundaries of the District for golf cart use. Packet Page -1446- CA© 5/10/2016 17.D. 3. DEFAULT. A default by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of damages, injunctive relief and/or specific performance. 4. ENFORCEMENT OF AGREEMENT. In the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover all fees and costs incurred, including reasonable attorney's fees and costs for trial, alternative dispute resolution, or appellate proceedings. S. AGREEMENT. This instrument shall constitute the final and complete expression of this Agreement between the parties relating to the subject matter of this Agreement. 6. AMENDMENTS. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both of the parties hereto. 7. AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of all parties hereto, each party has complied with all the requirements of law, and each party has full power and authority to comply with the terms and provisions of this instrument. 8. NOTICES. All notices, requests, consents and other communications hereunder ("Notices") shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows: A. If to District: Ave Maria Stewardship Community District 2501 A Burns Road Palm Beach Gardens, Florida 33410 With a copy to: Hopping Green & Sams, P.A. 119 S. Monroe Street, Suite 300 Tallahassee, Florida 32301 Attn: Jonathan T. Johnson B. If to County: Collier County 3299 Tamiami Trail East Naples, Florida 34112 Attn: Jeffrey A. Klatzkow Except as otherwise provided herein, any Notice shall be deemed received only upon actual delivery at the address set forth herein. Notices delivered after 5:00 p.m. (at the place of Packet Page -1447- SAO 5/10/2016 17. D. delivery) or on a non -business day, shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a non -business day, the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the parties may deliver Notice on behalf of the parties. Any party or other person to whom Notices are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days written notice to the parties and addressees set forth herein. 9. THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the formal parties herein and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the parties hereto any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof; and all of the provisions, representations, covenants and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto and their respective representatives, successors and assigns. 10. ASSIGNMENT. Neither party may assign this Agreement or any monies to become due hereunder without the prior written approval of the other party. 11. CONTROLLING LAW. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida. 12. EFFECTIVE DATE. The Agreement shall be effective after execution by both parties hereto and shall remain in effect unless terminated by either of the parties hereto. 13. PUBLIC RECORDS. Unless otherwise exempt from the provisions of chapter 119, Florida Statutes, parties understand and agree that documents provided to either party in connection with this Agreement may be public records and may be treated as such in accordance with Florida law. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Packet Page -1448- CAO; 5/10/2016 17.D. IN WITNESS WHEREOF, the parties execute this Agreement to be effective the day and year first written above. ATTEST: I�Mjc ��� Secre/Assistant Secretary Approved as to fornx and legality: ct Co sel AVE MARIA STEWARDSHIP COMM ITY DISTRICT A � r/JJf(J Chairman, Board of Supervisors El Packet Page -1449- ccxo� ATTEST: Dwight E. Brock, Clerk Jeffrey A. Klatzkow, County Attorney 5/10/2016 17.D. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIR 5 CAO Packet Page -1450- y 5/10/2016 17.D. RESOLUTION 2016-01 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT EXPRESSING SUPPORT FOR THE BOARD OF COUNTY COMIVIISSIONERS OF COLLIER COUNTY, FLORIDA ADOPTION OF AN ORDINANCE DESIGNATING THE PUBLIC ROADWAYS WITHIN THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT FOR GOLF CART USE, PROVIDING FOR ADOPTION OF A TRAFFIC STUDY, PROVIDING FOR EXECUTION OF AGREEMENT TO DEFEND COLLIER COUNTY AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Ave Maria Stewardship Community District ("District") is a local unit of special purpose government created and existing pursuant to Chapter 2004-461, Laws of Florida, being situated in Collier County, Florida; and WHEREAS, the District was established for the single purpose of the provision of government systems, facilities, services, improvements, works and infrastructure to the Ave Maria Community, including among other things, roadways; and ^ WHEREAS, Section 316.212, Florida Statutes, prohibits use of golf carts on public roads and streets except where such roadway has been designated by a county or municipality for use by golf carts; and WHEREAS, unaware at the time of the provisions of section 316.212, Florida Statutes, the District has adopted procedures governing golf cart use within the District; and WHEREAS, several hundred residents, are currently operating golf carts within the District and builders and developers actively market this amenity in their sales; and WHEREAS, the continued use of golf carts within the District is a high priority for the residents and a key component of the Ave Maria Community lifestyle; and WHEREAS, Chapter 2004-461, Laws of Florida, authorizes the District to adopt resolutions as may be necessary for the conduct of district business; and WHEREAS, the District desires to express support for Collier County's (the "County") adoption of an ordinance designating the public roads and streets within the District for golf cart use (the "Designation Ordinance"); and WHEREAS, the District's Board of Supervisors (the `Board") finds that it is in the best interests of the District to adopt by resolution the proposed Designation Ordinance and other supporting documents. Packet Page -1451- 5/10/2016 17.D. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT: SECTION 1. The District hereby fords it is in the best interest of the District and its residents to provide for designation of the public roadways for golf cart use and expresses support for the County's adoption of the proposed Designation Ordinance in the form attached hereto as Exhibit A. Further, District approves execution of the Agreement to Defend Collier County Against Actions Related to Adoption of the Designation Ordinance attached hereto as Exhibit B (the "Agreement to Defend"). District Manager shall transmit a copy of this resolution, the Agreement to Defend, and the Golf Cart Traffic Study, attached hereto as Exhibit C, to the County. SECTION 2. If any provision of this resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect. SECTION 3. This resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed. i� PASSED AND ADOPTED this � day of April, 2016. ATTEST: ASSIS ANT SECRETARY AVE MARIA STEWARDSHIP COMMUNITY DIST CHAIRMAN Exhibit A: Proposed Collier County Ordinance Designating Ave Maria Roadways for Golf Cart Use Exhibit B: Agreement to Defend Collier County Against Actions Related to Adoption of Ordinance Designating Roadways for Golf Cart Use Exhibit C: Golf Carts Traffic Study Packet Page -1452- 5/10/2016 17.D. ORDINANCE NO. 2016 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2006-57 TO ADD A NEW SECTION ALLOWING FOR THE USE OF GOLF CARTS UPON DESIGNATED COUNTY ROADS IN THE TOWN OF AVE MARIA, FLORIDA, SUBJECT TO SPECIFIED RESTRICTIONS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 316.212(1), Florida Statutes, permits counties to allow golf carts to be operated on county roads provided the county first determines that they may safely travel on or cross such public roads or streets upon considering the speed, volume, and character of motor vehicle traffic using those roads or streets; and WHEREAS, Section 316.212(5), Florida Statutes, states that golf carts may only operate on such public roads or streets during the hours between sunrise and sunset, unless the governmental agency specifically determines that such golf carts may also safely operate during the hours between sunset and sunrise and the golf carts possess headlights, brake lights, turn signals and windshields. WHEREAS, Section 316.212(8)(a), Florida Statutes, allows counties to enact restrictions and regulations regarding golf cart operations that are more restrictive than those contained in the state statutes as long as appropriate signs are posted or the residents are otherwise informed that the regulation of golf cart operation in the designated area will be in accordance with a stricter local ordinance and that such provisions only apply to unlicensed drivers; and WHEREAS, Section 316.212(8)(b), Florida Statutes, permits counties to allow golf carts to be operated on sidewalks provided the county first determines that golf carts, bicycles and pedestrians may safely share the sidewalk and restricts golf carts to maximum speed of fifteen (15) miles per hour and sidewalks are at least eight (8) feet wide; and WHEREAS, as of the effective date of this Ordinance, Trebilcock Consulting Solutions, P.A., conducted a study to determine whether golf carts may safely travel on or cross roads or streets located in the Town of Ave Maria (hereinafter referred to as "TAM" or "Ave Maria"), 1 (9 Packet Page -1453- 5/10/2016 17.D. Florida, considering the following factors: speed, volume, and the character of motor 1- , vehicle traffic using the relevant roads or streets; and WHEREAS, the Board of County Commissioners has determined that golf carts may safely be operated in a limited manner on all public roads and streets in Ave Maria, Florida, with the exception of designated portions of Ave Maria Boulevard, Anthem Parkway and Pope John Paul II Boulevard, outside the town core/town center area where golf carts may safely be operated on sidewalks with a minimum width of eight (8) feet. Within the town core/town center areas, golf carts shall operate on the roadways and not sidewalks. WHEREAS, the Board of County Commissioners desires to provide additional regulations for the operation of golf carts on designated roads and streets in Ave Maria located in Collier County, Florida; and WHEREAS, the Board of County Commissioners believes that regulations proposed in this Ordinance promote and enhance the health, safety and welfare of its citizens. COMMISSIONERS OF COZIER COUNTY, FLORIDA that: SECTION ONE: ORDINANCE NO. 2006-57 IS AMENDED TO ADD A NEW SECTION ALLOWING FOR THE USE OF GOLF CARTS UPON DESIGNATED COUNTY ROADS IN THE TOWN OF AVE MARIA, FLORIDA, SUBJECT TO SPECIFIED RESTRICTIONS, TO READ AS FOLLOWS: SECTION 130-_: Use of golf carts upon designated public roads and streets in Ave Maria, Collier County, Florida. 1. The term "golf cart" is defined as stated in Florida Statutes, subsection 320.01(22), as a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes, and that is not capable of exceeding speeds of twenty (20) miles per hour. 2. The term "public roads and streets" shall mean those roadways and streets that are open and available for public use and as such are part of the county road system, as defined by section 334.03, Florida Statutes. ^ z CAO Packet Page -1454- 5/10/2016 17.D. '1 3. Golf carts may be operated on the roads and streets in Ave Maria, Florida, with the exception of designated portions of Ave Maria Boulevard, Anthem Parkway and Pope John Paul H Boulevard, where they are to be operated on sidewalks at least eight (8) feet wide, as depicted in the attached Exhibit "A." Golf carts shall not be operated on sidewalks in Ave Maria, Florida, with the exception of designated portions along Ave Maria Boulevard, Anthem Parkway and Pope John Paul II Boulevard as depicted in the attached Exhibit "A." This designation is in accordance with Florida Statute, Section 316.212. 4. In addition to the requirements of Florida Statute Section 316.212, which are applicable to the operation of golf carts on the aforementioned designated roads, streets and sidewalks, the following restrictions shall also apply: (a) All persons operating golf carts subject to this Ordinance must be a minimum of fifteen (15) years of age, and hold a valid driver's license or a restricted license issued within the United States (or equivalent foreign driver's license). All persons operating golf carts pursuant to a restricted license (hereinafter referred to as an "unlicensed driver"), must be in possession of a valid restricted license at all times while operating a golf cart on the designated public roads. (b) The number of occupants in any golf cart operated by an unlicensed driver on the designated streets and roads shall be restricted to the number of seats on the golf cart. No occupants of a golf cart operated by an unlicensed driver shall stand at any time while the golf cart is in motion. (c) Prior to operation of golf carts under this Ordinance, all golf carts may be registered with the Ave Maria Stewardship Community District (hereinafter referred to as the "District"). With help and cooperation of Collier County Sheriff's Office, the District shall develop and distribute appropriate literature advising safe operation of the golf carts, and organize and conduct voluntary periodic inspections. (d) All golf carts operated under this Ordinance shall be restricted to a maximum attainable speed of twenty (20) miles per hour. All golf carts operating on sidewalks shall be restricted to a maximum speed of fifteen (15) miles per hour. fl Packet Page -1455- L% 5/10/2016 W.D. (e) All golf carts operating subject to this Ordinance must be equipped with efficient brakes, reliable steering, safe tires, a rearview mirror, and r e d reflectorized warning devices in both the front and rear at all times while operated on the designated roads and streets in Ave Maria, Florida. (f) All golf carts may only be operated on the designated roadways and sidewalks during the hours between sunrise and sunset, unless the District has authorized that golf carts may safely be operated beyond the hours from sunrise to sunset and the golf cart is equipped with functioning headlights, brake lights, turn signals, and a windshield. (g) Before golf carts may be operated by unlicensed drivers under this section, the owners thereof must purchase and maintain liability insurance insuring against personal injury and damage to property of any nature relative to the operation of golf carts on the designated roadways and sidewalks. 5. Violations of this section shall constitute a non -criminal infraction enforceable pursuant to the provisions of Florida Statutes, Section 316.212(9). 6. The District shall post signs along the designated District roads, streets and sidewalks where golf cart operation is allowed advising motorists of the possible presence of golf cart traffic, and alerting the public that the operation of such golf carts is subject to the various requirements of this Ordinance. All signing and marking shall be installed and maintained by the District in accordance with the County approved signing and marking plan. Any future revisions or change shall be approved by the County Traffic Operations Staff prior to implementation. SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," or any other appropriate word. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or ^ 4 Packet Page -1456- 161 5/10/2016 17.D. other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 12016. ATTEST: DWIGHT E. BROCK, CLERK By: DEPUTY CLERK Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Donna Fiala, CHAIR 5 Packet Page -1457- 0� Ann P. Jennejohn From: Brock, MaryJo Sent: Monday, May 09, 2016 7:23 AM To: Minutes and Records; Neet, Virginia Subject: FW: Item 17D Golf Cart Ordinance, Ave Maria Attachments: Exhibit A - Ave Maria Golf Carts0000.pdf; ATT00001.htm FYI, thank you, MJ Mary -Jo Brock - Executive Assistant to Leo E. Ochs, Jr. - County Manager's Office maryfobrock colIiergov.net 239.252.8364 From: OchsLeo Sent: Saturday, May 07, 2016 11:03 AM To: BrockMaryJo Subject: Fwd: Item 17D Golf Cart Ordinance, Ave Maria FYI. Note reference to the change sheet. Begin forwarded message: From: KlatzkowJeff <JeffKlatzkow@colliergov.net> Date: May 6, 2016 at 3:20:23 PM EDT To: FialaDonna <DonnaFiala @colliergov.net>, HenningTom <TomHenning@colliergov.net>, HillerGeorgia <GeorpiaHiller@colliergov.net>, NanceTim <TimNance@colliergov.net>, TaylorPenny <PennyTaylor@colliergov.net> Cc: OchsLeo <LeoOchs@colliergov.net>, Casa languidaNick <NickCasalanguida@colliergov.net>, TeachScott <ScottTeach @colliergov. net> Subject: Item 17D Golf Cart Ordinance, Ave Maria Commissioners: Please consider this a one-way communication. During our review of the Agenda we noticed that Exhibit A to the proposed ordinance was inadvertently not scanned in. Attached is Exhibit A. The Exhibit will be noted and attached to the Change Sheet. Jeffrey A. Klatzkow County Attorney (239) 252-2614 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. r ol I ulco A, 0 c Yap Lo OIL WELL ROAD Lo c rD EXHISff 0 TPODIICOCK Plannina-enaineerinn Golf Carts Traffic Study The Town of Ave Maria Collier County, FL 02-22-2016 Prepared for: Ave Maria Stewardship Community Dist. c/o Ave Maria Development, LLLP 2600 Golden Gate Parkway Naples, FL 34105 Phone: 239-262-2600 5/10/2016 17.D. Prepared by: Trebilcock Consulting Solutions, PA 1205 Piper Boulevard, Suite 202 Naples, FL 34110 Phone: 239-566-9551 Email: ntrebilcockPIL-rebilcock.biz Packet Page -1458- 5/10/2016 17.D. The Town of Ave Moria — Golf Carts Troffrc Study — February 2016 I certify that this Golf Carts Traffic Study has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. �r No. 47116 T4 p .k P STATE OF ; kLU pe 4 11.1111 1�SS Norman J. Trebilcock, AICP, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 1205 Piper Boulevard, Suite 202 Naples, FL 34110 Company Cert. of Auth. No. 27796 Trebilcock Consulting Solutions, PA P a g e 12 Packet Page -1459- Digitally signed by Norman J Norman J. Trebilcock P.E. 47116 DN: cn=Norman J. TIr e b I I COC Trebilcock P.E.47116, o=Trebilcock Consulting Solutions, PA, ou=Norman �. �. J. trebilcock, email=ntrebilcock@trebiic 47116 Date:12016.03.07 14:37:13 -05'00' Norman J. Trebilcock, AICP, P.E. FL Registration No. 47116 Trebilcock Consulting Solutions, PA 1205 Piper Boulevard, Suite 202 Naples, FL 34110 Company Cert. of Auth. No. 27796 Trebilcock Consulting Solutions, PA P a g e 12 Packet Page -1459- 5/10/2016 17.D. The Town of Ave Maria — Golf Carts Traffic Study — February 2416 Table of Contents Town of Ave Maria — General Description......................................................................... 4 Golf Cart Transportation — General Considerations.......................................................... 6 StateRegulations...............................................................................................................7 Vehicular Traffic Analysis.................................................................................................10 Recommendations/Conclusions: ..................................................................................... 20 APPENDICES Appendix A: Ave Maria — SRA Master Plan..................................................................... 21 Appendix B: Section 316.212, Florida Statutes...............................................................23 Appendix C: Collier County— Roadways Functional Classification .................................. 26 Trebilcock Consulting Solutions, PA Packet Page -1460- Page 13 5/10/2016 17.D. The Town of Ave Maria — Goff Carts Traffic Study — February 2016 Town of Ave Maria - General Description The Town of Ave Maria (herein referred to as TAM or as Ave Maria) is a master planned mixed-use community located east of Interstate 75 (1-75), south of Immokalee Road (CR 846), north of Oil Well Road (CR 858), and west of Camp Keais Road, in Eastern Collier County. The Ave Maria development consists of approximately 5,027 acres located in Sections 31 through 33 (Township 47 South, Range 29 East) and Sections 4 through 9 and 16 through 18 (Township 48 South, Range 29 East), in Collier County. For a general location map refer to Fig. 1. Fig. 1— Town of Ave Maria — Location Map Trebilcock consulting Solutions, PA Packet Page -1461- Page 14 ......... CORKSCREWRD { _... _e__. ........ _. ..._. CR $46 iiiR!tf BEACH RD L, �aiAva� m N M, WELL RD e N EE RD R '� m P YANDER ILt BEACH + N as GOLDEN GALE BLVD u —' fINE RIDGE RD z C L� � RAOto RD tNTERSXAYE 7S DAMS BLVD logend eA, saYafev r Trebilcock consulting Solutions, PA Packet Page -1461- Page 14 5/10/2016 17.D. The Town of Ave Mario — Golf Carts Troffic Study — februory 2016 The Town of Ave Maria Stewardship Receiving Area (SRA) The Town of Ave Maria (TAM) has been planned under an innovative rural planning strategy created for lands located in eastern Collier County called the Collier County Rural Lands Stewardship Area or RLSA. The TAM is planned in accordance with the goals, objectives, and policies contained in Collier County's Growth Management Plan, and the development standards contained in the Land Development Code for the RLSA. The RLSA encourages the retention of agriculture, protection of natural resources, and diversification of the rural economy by application of an incentive based land use overlay system. The RLSA promotes the planning and development of new communities in the rural area to accommodate population growth in a more compact, self-sufficient, and sustainable manner than was previously allowed. Under the RLSA Overlay, Stewardship Credits are generated from the designation of Stewardship Sending Areas (SSAs), which are areas designated for protection of natural resources and agriculture, and utilization of those credits to entitle development in Stewardship Receiving Areas (SRAs) where new communities are permitted and natural resource values are low. The TAM is the first SRA to be designated under the RLSA program. The Ave Maria — SRA Master Plan is illustrated in Appendix A. The Town of Ave Maria Development of Regional Impact (DRI)/Stewardship Receiving Area SRA The Collier County Board of County Commissioners approved the TAM DRI and SRA on June 14, 2005, with Development Order #2005-01 (Resolution #2005-235) and Resolution #2005-234A, respectively. The development was subsequently amended numerous times and revised accordingly. In 2014 the DRI was repealed with Collier County Resolution #14-222, and land uses were updated as well. The TAM project most recent land use update was approved in October 2014 by Collier County Resolution #14-222 for the following: 11,000 residential dwelling units; 690,000 gross square feet of retail/service; 510,000 square feet of office; 400 hotel rooms; 6,000 student university with ancillary uses and 600,000 square feet of light industrial/ warehousing. In addition to the DRI threshold uses described above, the TAM may include up to 450 units of assisted living facilities, 148,500 square feet of civic, community and miscellaneous facilities, 35,000 square feet of medical facilities, public and private schools, churches and other places of worship, uses such as golf courses, lakes, open spaces and community support facilities, and those uses customarily Trebilcock Consulting Solutions, PA Packet Page -1462- Page 15 5/10/2016 17.D. The Town of Ave Maria — Golf Carts Traffic Study — February 2016 associated with a university such as student and administration housing, recreation and sports areas, and support facilities. Ave Maria Stewardship Community District The Ave Maria Stewardship Community District (AMSCD) was created as the best alternative as required by Section 189.404(2)e3., F.S. and established by law, pursuant to the provisions of Chapter 2004-461, Laws of Florida. AMSCD is a limited, single and specialized purpose Local Government whose single and specialized purpose is to provide infrastructure, including community development systems, facilities, services, projects, and improvements to the Ave Maria community. The AMSCD requested, on behalf of the residents, to speak under public petition at the March 24, 2015 meeting of the Board of County Commissioners asking that Collier County designate the District roadways for golf cart use. Golf Cart Transportation - General Considerations The growing awareness of the need for energy savings for everyday activities have led a growing number of communities to seek out alternative transportation options for local and convenience trips. Golf carts offer a readily available technology that can be adapted for this purpose. The State of Florida has adopted regulations allowing local governments the option to permit golf carts on local roads. Nationally, the trend appears to be growing as well with communities from California to Texas to Indiana having recently permitted golf carts access to local roads. Golf cart communities have become commonplace throughout the State of Florida. In East Florida, the City of Lake Helen (Volusia County) and the City of Flagler Beach (Flagler County) have approved golf cart use upon city streets designated and approved pursuant to their Land Development Codes (LDCs). In Central Florida, The Villages development on the northern fringe of the Orlando Metropolitan Area has shown how a community designed with golf cart use in mind can create an opportunity that allows and encourages residents to use alternative transportation options to dominate the travel patterns for local and convenience travel. Trebilcock Consulting Solutions, PA Packet Page -1463- Page 16 5/10/2016 17.D. The Town of Ave Mario —Golf Carts Traffic Study — February 20.26 Sun City Center is a large senior community located in the Tampa/St. Petersburg area. Golf carts may be operated on all public streets within the Sun City Center community subject to certain restrictions. This golf cart study is prepared for the TAM and includes a vehicular traffic analysis of the community, safety concern considerations, and volume and character of motor vehicular traffic. The Ave Maria streets were evaluated for compatibility with golf cart use, and the demand patterns that emerged from the survey and associated analysis leading to a potential program area. This information is supplemented with a review of relevant Florida Statutes (F.S.), the Manual of Uniform Minimum Standards (MUMS) for Design, Construction and Maintenance for Streets and Highways (aka FL Greenbook), FDOT Traffic Engineering Manual (TEM) and a review of Collier County Land Development Code guidelines. Relevant State Regulations A motor vehicle is defined in the Section 316.003 and described in Section 320.01, F.S. as an automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this State, used to transport persons or property, and propelled by power other than muscular power. The term does not include bicycle, motorized scooter, electric personal assistive mobility device, swamp buggy or moped. A golf cart is defined in Section 320.01(22), F.S. as "a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour." The operation of golf carts on public roads is guided by Section 316.212, F.S. — Operation of golf carts on certain roadways. A complete copy of Section 316.212, F.S. is provided in Appendix B. Roadways designation for golf cart use Pursuant to Section 316.212, F.S., the operation of golf carts upon the public roads or streets of this state is prohibited except as provided herein: 1. Golf carts may be operated only upon a county road that has been designated by a county, or a municipal street that has been designated by a municipality, for use of golf carts, provided the local government first determines that golf carts may safely travel on Trebilcock Consulting Solutions, PA Packet Page -1464- Page 17 5/10/2016 17. D. The Town of Ave Maria — Golf Carts Traffic Study — February 2016 or cross the public road considering factors including the speed, volume, and character of the motor vehicle traffic using the road or street. 2. Golf carts may cross a portion of the State Highway System which intersects a county road or municipal street; may cross at midblock, where a golf course is constructed on both sides of the highway if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. Section 316.640, F.S., gives authority to the sheriff's office of each county to enforce all of the traffic laws of this state on all streets throughout the county wherever the public has the right to travel by motor vehicle. Further, pursuant to section 316.006(3)(b), F.S., a county may exercise jurisdiction over any roads owned or controlled by a special district, located in the unincorporated area of the county if the parties owning such roads enter into an interlocal traffic control agreement with the county and sheriff's office. Many of the Ave Maria roadways are owned and maintained by the AMSCD. These -- roads are open to the public and located within the unincorporated part of Collier County. As such, pursuant to Section 316.212, F.S., Collier County has the authority to designate these roads for golf cart use. Golf Carts Drivers and Driver Qualifications The State rules set forth some minimum standards for the equipment required on golf carts, hours of operation and minimum qualifications for golf cart drivers. Section 316.212(8), F.S. allows the local government to impose some more restrictive guidelines for golf carts and drivers as well as determining the hours of use and those roads eligible for use. The State of Florida considers the operation of a motor vehicle a privilege — not a right — which one must earn by proving that he or she is a good driver. The extension by the State to the operation of golf carts away from the golf course is likewise a privilege. State statutes permit drivers as young as age 14 to operate golf carts on public roads. Otherwise the statute does not have any specific requirements for the drivers. Based on our coordination with Collier County Transportation Staff and guidelines from Trebilcock Consulting Solutions, PA Packet Page -1465- Page 18 5/10/2016 17.D. The Town of Ave Maria — Golf Carts Traffic Study — February 2016 similar Florida communities that allow golf carts on many of their streets, the following provisions are recommended: 1. The driver shall hold a valid Driver's License or Lerner's Permit (aka Restricted License) issued from the State of Florida, or other valid State license for out of town visitors, as applicable. For state of Florida residents, this effectively sets the minimum age of permitted drivers to be 15. Drivers shall be in possession of their driver's license or learner's permit while operating the golf cart. 2. AMSCD should provide a "Golf Cart Drivers Handbook" for its residents, to cover safe operation of golf carts within the Ave Maria boundaries under current Florida law. The driver should be required to review this handbook to ensure community safety and to promote knowledge of applicable Florida laws regarding the use of golf carts for travel. This handbook should include information on the areas of the Ave Maria where carts may be used and areas where they are prohibited. Approved crossing points for State and County roads should be specially noted. 3. The AMSCD shall require insurance for golf carts to be used on public roads. This insurance appears to be readily available from current vendors as an addition to automobile or homeowner's insurance policies. Golf Carts Hours of Operation Pursuant to Section 316.212, F.S., "a golf cart may be operated only during the hours between sunrise and sunset, unless the responsible government entity has determined that a golf cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield." The AMSCD may choose to specify hours of operation for carts. Golf Carts Minimum Equipment Pursuant to Section 316.212, F.S., "a golf cart must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both front and rear." Golf Carts — Roadways Speed Limits and Sidewalk Operations Section 316.212, F.S., gives the county discretion to determine whether golf carts may safely travel on a public road, after considering factors including the speed, volume, and character of motor vehicle traffic using the road. However, Section 316.2126, F. S., Trebilcock Consulting Solutions, PA P a g e 19 Packet Page -1466- 5/10/2016 17.D. The Town of Ave Maria — Goff Carts Traffic Study — February 2016 which governs municipal use of golf carts and utility vehicles, states that municipalities may only use golf carts on state roads that have a posted speed limit of 30 miles per hour or less. After considering the above-described factors and in coordination with county staff, this report determines that golf carts should only be operated on Ave Maria roadways that have a posted speed limit of 30 mile per hour or less. Pursuant to Section 316.212(8), F.S., "a local governmental entity may enact an ordinance relating to golf cart operation on sidewalks adjacent to specific segments of municipal streets, county roads, or State highways within the jurisdictional territory of the local governmental entity if the ordinance restricts golf carts to a maximum speed of 15 miles per hour and permits such use on sidewalks adjacent to State highways only if the sidewalks are at least 8 feet wide." The minimum requirements considered for the Ave Maria sidewalks/pathways were evaluated in coordination with county staff, with the following recommendations to permit safe operations by pedestrians, bicyclists and golf carts: 1. Golf carts would not be permitted on sidewalk/pathways less than 8 ft wide (exclusive use by pedestrians and bicyclists). 2. Golf carts using sidewalk/pathways between 8 ft and less than 12 ft wide shall be restricted to one way direction of travel, which would match the right side of roadway convention. 3. Sidewalks/pathways equal to, or greater than 12 ft in width will permit two way direction of travel by golf carts. Vehicular Traffic Analysis The communities where golf carts have become the most successful in filling a role in local transportation are those communities where golf cart use is encouraged and supported as an integral part of community life. To the extent that cart usage becomes integrated into the community fabric, the volume of trips that are met by this type of vehicle will increase. Pursuant to Section 316.212(2)(c), F.S., "the department may authorize the operation of golf carts on such a road if: 1) the road is the only available public road along which golf carts may travel or cross or the road provides the safest travel route among Trebilcock Consulting Solutions, PA Packet Page -1467- Page 110 5/10/2016 17.D. The Town of Ave Maria —Golf Carts Traffic Study — February 2016 alternative routes available; and 2) the speed, volume, and character of motor vehicular traffic using the road is considered in making such a determination." This statute applies to use of a golf cart on a state road that has been designated for transfer to a local government unit and thus the criteria lusted are used as guidance in this report. Golf Carts Safety Considerations Safety is a primary consideration. Golf carts are not designed to withstand collisions, offer relatively little protection for occupants and are relatively slow moving vehicles. Mixing golf carts with vehicles on roads where traffic volumes are high and where traffic is fast moving raises safety concerns if golf carts are allowed into the mix. The more comfortable people feel using the golf carts, the more likely they are to avail themselves of the opportunity. The Ave Maria Stewardship Community District (AMSCD) can fulfill a role in this process in several ways. First, AMSCD shall conduct at least one annual inspection to verify the carts are in good operating order and have the required equipment. Second, the AMSCD should use a registration process to educate golf cart drivers about the safety techniques, driving skill, and driving etiquette. This is recommended to be done by having cart operators review a "Golf Cart Drivers Handbook" as part of the registration process. Finally, the AMSCD can exclude specific roads from eligible operating areas where it believes safety considerations outweigh the desirability of allowing golf cart use and provide alternate pathways with appropriate signage. Ave Maria —Transportation Network The TAM is a mixed-use community, planned using the principals of walkability and self-sufficiency. The TAM consists of residential neighborhoods connected by a network of low speed streets and sidewalks, a mixed-use town center, where residents and students will be provided essential goods and services, civic gathering places, entertainment, dining, employment, and housing. The Community Facility District accommodates civic, institutional, governmental, and essential services necessary to support Ave Maria residents. The wetland preserves, parks, and lakes establish the open space and recreational framework of the Town. The Ave Maria University (AMU) Campus accommodates a full range of educational, administrative, housing, recreational, and support facilities to support university activities. The TAM has direct access to Oil Well Road (CR -858) and to Camp Keais Road. Trebilcock Consulting solutions, PA Packet Page -1468- Page 111 5/10/2016 17.D. The Town of Ave Maria — Golf Carts Traffic Study — February 2016 The transportation network provides the pedestrian, motorists or bicyclists with multiple route choices in traveling to a specific destination. This promotes a higher level of mobility for all residents. The roadway layout for Ave Maria is designed to encourage commercial vehicle traffic through, the commercial areas only. Care was taken in locating neighborhood commercial uses in appropriate areas to minimize disruptions to the residential neighborhoods. Elements have been designed into the Ave Maria internal roadway system to avoid the potential need for extensive traffic controls. The interconnected street system promotes better circulation and improves intersection levels of service, thus reducing the potential need for signalization. Trebilcock Consulting Solutions, PA Packet Page -1469- Page 112 5/10/2016 17.D The Town of Ave Maria — Goff Carts Traffic Study — February 2016 The Ave Maria transportation network promotes pedestrian and bicycle modes of transportation. The design concept provides tight, interconnected streets in an effort to encourage slow speeds and good vehicular circulation. This also promotes pedestrian and bicycle modes of transportation. In particular, the design: + Eliminates substantial speed differentials among the streets. The main entrance road design is such that motorist will be slowed from the main entrance at Oil Well Road, back to the point of entry into the university and town. This is accomplished by introducing curves to the entrance road while also lowering the posted speed limit. Additional traffic calming elements may be introduced to further aid in encouraging lower vehicle speed on the various segments of the main entrance road. + Limits vehicle speeds by the use of such elements as narrow streets, on -street parking, and interconnected blocks. The majority of the town residential, town center, town core, and campus streets have the same posted speed limit. + Provides an interconnected roadway system and pedestrian network. This calls for many intersections. This type of design provides for better circulation, slower speeds and encourages more use of the pedestrian and bicycle modes of transportation. • Limits the number of turn lanes. In a compact urban design, slower speeds are encouraged in an effort to further promote pedestrian traffic, the intersection right-of-way lines are not required to be radial at intersections and may be angular. • Traditional subdivision design incorporates the interconnected pedestrian networks to provide numerous route choices for pedestrians. The potential Ave Maria Conceptual Pedestrian Network Map, Fig. 2, shows the many route choices for pedestrians. Please note that this is a conceptual plan and specific improvements are constructed based on permit approvals. Trebilcock Consulting solutions, PA Packet Page -1470- Page 113 The Town of Ave Maria — Golf Carts Traffic Study — February 2016 Fig. 2 — Town of Ave Maria — Conceptual Pedestrian Network Map Trebilcock Consulting Solutions, PA Packet Page -1471- 5/10/2016 17. D. Page 114 A I � Iii �e....�........� Trebilcock Consulting Solutions, PA Packet Page -1471- 5/10/2016 17. D. Page 114 5/10/2016 17. D The Town of Ave Maria — Golf Carts Traffic Study — February 2016 Roadways Functional Classification Functional classification is the process by which streets and highways are grouped into classes, or systems, according to the character of service they are intended to provide (FDOT Urban Boundary and Functional Classification Handbook, Chapter 2 — Acronyms and Definitions). The functional classification of the Collier County roadway network is illustrated in the Collier County Metropolitan Planning Organization — FDOT District One, Map — Federal Functional Classification/Urban Boundaries — Collier County, as illustrated in Appendix C: Collier County — Roadways Functional Classification. Similar to the external county owned and maintained roadways, this report designates Ave Maria Boulevard, John Paul 11 Boulevard, and Anthem Parkway functional classification as minor collectors. (i.e. Camp Keais Road as depicted in Appendix C.) All other roadways are considered local roadways for the purposes of this report. Consistent with the Collier County roadway classification, a collector road is a roadway providing access and traffic circulation service to a residential, institutional, commercial and industrial area and secondarily provides for local through traffic. A local road or street is a route providing service which is of relatively low traffic volume, serving short trip length, or minimal through -traffic movements, and a high degree of access for abutting properties. Ave Maria — Volume Traffic Counts — Vehicle Speed Investigation As illustrated in the Collier County PUD Master List, updated 10-01-2015, the Town of Ave Maria (TAM) is currently partially developed. As such, the overall TAM traffic volume is projected to increase as project develops. A vehicle count — speed data collection was conducted at locations throughout Ave Maria, between June 8, 2015 and June 22, 2015. The traffic monitoring location is depicted in Fig. 3. The posted speed limits for Ave Maria roadways are depicted in Fig 4, and the traffic monitoring summary is illustrated in Fig S. According to the FDOT Speed Zone Manual, a speed limit should not typically differ from the 85th percentile speed or upper limit of the 10 -mph pace by more than 3 mph, and it shall not be less than 8 mph, Trebilcock Consulting Solutions, PA Packet Page -1472- Page 115 n W 5/10/2016 17.D. The Town of Ave Maria — Golf Carts Traffic Study — February 2016 Based on our traffic monitoring results, the local residential streets exhibit lower 85th percentile speeds and low daily traffic volume, while the two minor collectors illustrate higher traffic volumes and 85th percentile speeds in the 40-45mph range. Fig. 3 - Traffic Counting locations Trebilcock Consulting Solutions, PA , :1 Packet Page -1473- N, S b Page 116 OVON 173M. Ito Lu Trebilcock Consulting Solutions, PA , :1 Packet Page -1473- N, S b Page 116 The Town of Ave Maria — Golf Carts Traffic Study — February 2016 Fig. 4 — Posted Speed Limit Map Trebilcock Consulting Solutions, PA Packet Page -1474- 5/10/2016 17.D Page 117 /—*", 5/10/2016 17.D. The Town of Ave Maria — Golf Carts Traffic Study — February 2016 Fig. 5 —Traffic Monitoring Summary Trebilcock Consulting Solutions, PA Packet Page -1475- Page 118 `x R C rc0. Yi o vti umi tO p Z; o � '" I ar s Ln to ru5n rn - of .1 00 uwi xx� is 3 3 c m 0 _ iJ 3 a N N �-1 ��. M rQ' p �' M Ln eT x a n 7a > r+ ., ,, r+ YOCO Vt in V! W {n CO Z CO z 3 CO u CO W CDm W • W V. p b > i � M M CD N ur M- e. O�qi oNa M ,: '� :• N a- yrt r, to ..f rt .•i rl 00 iii G IJ 1 Q CO Ln �. N �, N N..: .. Zd3� GL'tn,n O t Ct' to N n ut M N a .4 C7 o Gn M tti N t!1 �.0 o �n Q N Gn . M1 N an N V1 m O G...4 I: M M N A N l0 Cl'. M.. z-1 r4 `�' M lfl GD M. N tb N �-i KI Z i 'Ci Gfl m M t11 M M m M PP .a j m M In CO f+1 m W m M m lY1 W CO N W �'. CO N W m N. Q gu p O. N in a+ m Vt M vi v in N O I I d w �? En N iii I M 0/ ( in aq` N A W: t v �m M aii ai iri v M A vi ar N O v R1 q M.d 6 tin Wto OW` N14ry V a zd z z Z zmd zQ 3 dZd fid} 3a 3d 3'a. u.. d vm � mvl nm � Nv $N � min eNvm N"�f r m C{ CO C m "'� rl CO N m N m N m� O �0' m Irt W <i CO N W M CO .-I W N m Ol W" +� In 0 01 is ao o UO N a,. ,p .-I M. h'-,!, fn '~ ' N :. �, u. N C.' ar N ° m d m m za m d z m zd m d 3 m' zd m> 3d m +� 3=`_ CO 3d m 3¢ C o = Q z zd v 0 V Uj d W tf1 $ !!1 M to N Ln N to N. N N Ln'- M In M- N_, N, v1 - N In N " a O LL = a£ Q V 0. ja � LL � � o o U o U c° coc W o V o U CC r4 : a U o � a c y C N RJ Gal V V "' o 0 o o � V l 0 'J,:. _ •Q' N N G O OM fa M a a a �3� O `0 ro 75 m ro m 01 mm m m a in ro.c a s s of cc u co v v > 2 y 2 2 Q, 5 -cs :o a -a 0. u } a d d o d o d v ¢, LL -<L n w a s M Trebilcock Consulting Solutions, PA Packet Page -1475- Page 118 5/10/2016 17.D. The Town of Ave Maria — Golf Carts Traffic Study — February 2026 Based on the traffic monitoring analysis, we recommend that golf carts be allowed to share the Ave Maria streets with the exception of segments of roadway collectors: Ave Maria Boulevard, Anthem Parkway and Pope John II Boulevard (as illustrated in Fig. 6). On the street segments where golf carts are not allowed on the roadway, they shall be permitted on joint use pathways that are a minimum of 8 feet wide. On the other Ave Maria streets, the golf carts may be permitted to operate on the streets and not be permitted to operate on sidewalks that are typically 5-6 feet wide. Fig. 6 — Recommended Roadways Not To Be Approved For Golf Carts Trebilcock Consulting Solutions, PA Packet Page -1476- Page 119 5/10/2016 17.D. The Town of Ave Maria — Golf Carts Traffic Study — February 2015 Recommendations/Conclusions; Based on the review of the safety characteristics of the key roadways including speed, volume, and the character of motor vehicle traffic using the Ave Maria roadways, a network of roadways and pathways is proposed toward golf cart use designation within the community. Our recommendation is to allow the operation of golf carts on the community local streets and within the town core/town center areas of roadway collectors: Ave Maria Boulevard and Pope John 11 Boulevard. We recommend that golf carts may not be operated on the other portions of the collector roadways (as reflected in Fig. 6 — Ave Maria Boulevard, Anthem Parkway and Pope John II Boulevard), and be permitted on shared use pathways in these areas. Golf carts would not be permitted to operate on the sidewalks on the local streets where the sidewalks are 5-6 feet wide, or on the sidewalks within the town core/town center areas. A more detailed plan with -� — ; applicable signage is recommended and will be submitted for review and approval by Collier ' County Staff. Golf carts would not be permitted to operate on external county roadways of Camp j Keais Road, or Oil Well Road (See Figure 7). Figure 7 Example of o simple cart restriction sign from Flagler Beach, FL, where Golf Carts erre permitted on City local streets (20th St depicted), but not on A1A (FDOTMoin Roadway). Trebilcock Consulting Solutions, PA The suggested usage area is offered in concert with recommendations on the minimum equipment for individual golf carts, qualifications of drivers and initial hours of operation to achieve maximum system safety. A community handbook will be created by AMSCD to provide more specific direction to those intending to use golf carts. Packet Page -1477- Page 120 5/10/2016 17.D. The Town of Ave Maria — Golf Carts Traffic Study — February 2016 Appendix A: Ave Maria -- SRA Master Plan (1 Sheet) Trebilcock Consulting Solutions, PA Page 121 Packet Page -1478- 5/10/2016 17. D. The Town of Ave Mario — Golf Carts Traffic study — February 2016 Trebilcock Consulting Solutions, PA Packet Page -1479- Page 122 The Town of Ave Mario — Golf Carts Trak Study — February 2016 Appendix B: Section 316.212, Florida Statutes Trebilcock Consulting Solutions, PA (2 Sheets) Packet Page -1480- 5/10/2016 W.D. Page 123 5/10/2016 17.D. The Town of Ave Maria – Golf Carts Traffic Study — February 2016 Statutes & Constitution :View Statutes: Online Sunshine Page I oft SelectYear: 2014�Lj The 2014 Florida Statutes Title XXIII Chapter 316 View Entire Chapter MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.212 Operation of golf carts on certain roadways. --The operation of a golf cart upon the public roads or streets of this state is prohibited except as provided herein: (1) A golf cart may be operated only upon a county road that has been designated by a county, or a municipal street that has been designated by a municipality, for use by golf carts. Prior to making such a designation, the responsible local governmental entity must first determine that golf carts may safety travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street. Upon a determination that golf carts may be safety operated on a designated road or street, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed. (2) A golf cart may be operated on a part of the State Highway System only under the following conditions: (a) To cross a portion of the State Highway System which Intersects a county road or municipal street that has been designated for use by golf carts if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (b) To cross, at midblock, a part of the State Highway System where a golf course is constructed on both sides of the highway if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes. (c) A golf cart may be operated on a state road that has been designated for transfer to a local government unit pursuant to s. 315.0415 If the Department of Transportation determines that the operation of a golf cart within the right-of-way of the road will not impede the safe and efficient flow of motor vehicular traffic. The department may authorize the operation of golf carts on such a road if: 1. The road is the only available public road along which golf carts may travel or cross or the road provides the safest travel route among alternative routes available; and 2. The speed, volume, and character of motor vehicular traffic using the road is considered in making such a determination. Upon its determination that golf carts may be operated on a given road, the department shall post appropriate signs on the road to indicate that such operation is allowed. (3) Notwithstanding any other provision of this section, a golf cart may be operated for the purpose of crossing a street or highway where a single mobile home park is located on both sides of the street or highway and is divided by that street or highway, provided that the governmental entity having original jurisdiction over such street or highway shalt review and approve the location of the crossing and require implementation of any traffic controls needed for safety purposes. This subsection shall apply only to residents or guests of the mobile home park. If notice is posted at the entrance and exit of any htq)://www.leg.state.fl.us/Statutes/index.cfin?App-_jnode=Display_Statute&... 3/19/2015 Trebilcock Consulting Solutions, PA Packet Page -1481- Page 124 5/10/2016 17.D. The Town of Ave Maria - Golf Carts Traffic Study — February 2016 Statutes & Constitution Mew Statutes : Online Sunshine Page 2 of 2 mobile home park where residents of the park operate golf carts or electric vehicles within the confines of the park, it is not necessary for the park to have a gate or other device at the entrance and exit in order for such golf carts or electric vehicles to be lawfully operated in the park. (4) Notwithstanding any other provision of this section, if authorized by the Division of Recreation and Parks of the Department of Environmental Protection, a golf cart may be operated on a road that is part of the State Park Road System if the posted speed limit is 35 miles per hour or less. (5) A golf cart may be operated only during the hours between sunrise and sunset, unless the responsible governmental entity has determined that a golf cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake Lights, turn signals, and a windshield. (6) A golf cart must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reftectorized warning devices in both the front and rear. (7) A golf cart may not be operated on public roads or streets by any person under the age of 14. (8) A local governmental entity may enact an ordinance relating to: (a) Golf cart operation and equipment which is more restrictive than those enumerated in this section. Upon enactment of such ordinance, the local governmental entity shall post appropriate signs or otherwise inform the residents that such an ordinance exists and that it will be enforced within the local government's jurisdictional territory. An ordinance referred to in this section must apply only to an unlicensed driver, (b) Golf cart operation on sidewalks adjacent to specific segments of municipal streets, county roads, or state highways within the jurisdictional territory of the local governmental entity if: 1. The local governmental entity determines, after considering the condition and current use of the sidewalks, the character of the surrounding community, and the locations of authorized golf cart crossings, that golf carts, bicycles, and pedestrians may safety share the sidewalk; Z. The local governmental entity consults with the Department of Transportation before adopting the ordinance; 3. The ordinance restricts golf carts to a maximum speed or 15 miles per hour and permits such use on sidewalks adjacent to state highways only if the sidewalks are at (east 8 feet wide; 4. The ordinance requires the golf carts to meet the equipment requirements in subsection (6), However, the ordinance may require additional equipment, including horns or other warning devices required by s. MJ71, and 5. The local governmental entity posts appropriate signs or otherwise informs residents that the ordinance exists and applies to such sidewalks. (9) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as a moving violation for infractions of subsections (1)•(5) or a local ordinance corresponding thereto and enacted pursuant to subsection (8), or punishable pursuant to chapter 318 as a nonmoving violation for infractions of subsection (6), subsection (7), or a local ordinance corresponding thereto and enacted pursuant to subsection (8). History. -s. 2, ch. 83-188; s. 1, ch. 84-111; s. 2, ch. 88-253; s, 322, ch. 95-148, S. 4, ch. 96-413; s. 169, ch, 99-248; s. 7, ch. 2000-313; s. 6, ch. 2005-164; s. 3, ch, 2008-99; s. 46, ch. 2010.223, Copyright 0 1995-2015 The Florida Legislature - Privacy Statement • Contact Us http://w,,v,,v.lec,.state.fl.us/Statutes/index.cfin?App mode=Display Statute&... 3/19/2015 Trebilcock Consulting Solutions, PA Packet Page -1482- Page 125 5/10/2016 17.D. The Town of Ave Maria — Golf Carts Traffic Study — February 2016 Aim ppendix C: Collier County - Roadways Functional Classification Trebilcock Consulting Solutions, PA (1 Sheet) Packet Page -1483- Page (z6 The Town of AveMaria — Golf Carts Traffic Study — February 2016 k § --------- --------------------------- I 'U', 7� 1 �j I |�|�. ���2§|t}|/� § ---- ------------------ I 'U', 7� 1 �j I 5/10/2016 17.D. Trebilcock Consulting Solutions, PA Packet Page -1484- P a g e 127 U. 0 a�}f: 5/10/2016 17.D. Trebilcock Consulting Solutions, PA Packet Page -1484- P a g e 127 5/10/2016 17.D. i' ��� NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, May 10, 2016, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence -at 9:00 A.M. The title of the proposed Ordinance is as follows: ANORDtNANCEOFTHEBOARDOFCOUNTYCOMM ISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2006-57 TO ADD A NEW SECTION ALLOWING FOR THE USE OF GOLF CARTS UPON DESIGNATED COUNTY ROADS IN THE TOWN OF AVE MARIA, FLORIDA, SUBJECT TO SPECIFIED RESTRICTIONS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 3 A copy of the proposed Ordinance is on file with the Clerk to the LU Z Board and is available for inspection. All interested parties are invited to attend and be heard. J c NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of J the agenda item to be addressed. Individual speakers will be a limited to 3 minutes on any item. The selection of any individual Z to speak on behalf of an organization or group is encouraged. if recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. o Persons wishing to have written or graphic materials included in N the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, N written materials intended to be considered by the Board shall -- be submitted to the appropriate County staff a minimum of Q seven days prior to the public hearing. All materials used in q presentations before the Board will become a permanent part, of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and 10 N evidence upon which the appeal is based. N If you area person with a disability who needs any accommodation in order'to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contactlocated t 33 5 The amiaml Trer ail EFacilities st! Suite Management FDivision,11 5356; (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) April 29, 2016 No. 1061992 Packet Page -1485-