TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Approve a Variance to the Code of the City of North Port, Florida, Chapter 46 - Offenses, ARTICLE II. - OFFENSES INVOLVING PUBLIC PEACE AND ORDER, DIVISION 2. - NOISE, Sec. 46-42. - Specific Prohibitions, (6) to Allow the Additional Phases of Toledo Blade Boulevard Rehabilitation as Depicted on the Attached Map Between the Hours of 9:00 p.m. and 7:00 a.m. the Following Day on Weekdays or 9:00 p.m. and 7:30 a.m. on Weekends and Holidays in or Within 50 Yards of any Residential Area.
Approve an exception by Special Permit for the Toledo Blade Boulevard Rehabilitation Project as Depicted on the Attached Map Pursuant the Code of the City of North Port, Florida, Chapter 46 - Offenses, ARTICLE II. - OFFENSES INVOLVING PUBLIC PEACE AND ORDER, DIVISION 2. - NOISE, Sec. 46-45. - Exceptions by Special permit, for the Following Scope of Exceptions:
Ø Timeframe: Commence Work on January 24, 2024, and Complete Work on February 29, 2024.
Ø Work Hours:
ü Work Zone Area:
§ Setup: 8:00 p.m. on Weekdays, Weekends and Holidays in or Within 50 yards of any Residential Area.
§ Breakdown: 8:00 a.m. on Weekdays and 8:30 a.m. on Weekends and Holidays in or Within 50 Yards of any Residential Area.
ü Road Rehabilitation Work:
§ 9:00 p.m. and 7:00 a.m. the Following Day on Weekdays or 9:00 p.m. and 7:30 a.m. on Weekends and Holidays in or Within 50 Yards of any Residential Area.
Recommended Action
Approve a variance to the Code of the City of North Port, Florida, Chapter 46 - Offenses, ARTICLE II. - OFFENSES INVOLVING PUBLIC PEACE AND ORDER, DIVISION 2. - NOISE, Sec. 46-42. - Specific prohibitions, (6) to allow the additional phases of Toledo Blade Boulevard rehabilitation as depicted on the attached map between the hours of 9:00 p.m. and 7:00 a.m. the following day on weekdays or 9:00 p.m. and 7:30 a.m. on weekends and holidays in or within 50 yards of any residential area.
Approve an exception by special permit for the Toledo Blade Boulevard Rehabilitation Project as depicted on the attached map pursuant the Code of the City of North Port, Florida, Chapter 46 - Offenses, ARTICLE II. - OFFENSES INVOLVING PUBLIC PEACE AND ORDER, DIVISION 2. - NOISE, Sec. 46-45. - Exceptions by special permit, for the following scope of exceptions:
Ø Timeframe: Commence work on January 24, 2024, and complete work on February 29, 2024.
Ø Work Hours:
ü Work Zone Area:
§ Setup: 8:00 p.m. on weekdays, weekends and holidays in or within 50 yards of any residential area.
§ Breakdown: 8:00 a.m. on weekdays and 8:30 a.m. on weekends and holidays in or within 50 yards of any residential area.
ü Road Rehabilitation Work:
§ 9:00 p.m. and 7:00 a.m. the following day on weekdays or 9:00 p.m. and 7:30 a.m. on weekends and holidays in or within 50 yards of any residential area.
Background Information
The Department of Public Works has contracted Preferred Materials, Inc. for the Toledo Blade Boulevard Road Rehabilitation Project on identified sections of the roadway system throughout the City including the majority of Toledo Blade Boulevard. Since Toledo Blade Boulevard is an essential connection to I-75 and for local residential and commercial activities, staff is recommending that the contractor complete the road rehabilitation work during nighttime hours.
The Code of the City of North Port, Florida, Chapter 46 - Offenses, ARTICLE II. - OFFENSES INVOLVING PUBLIC PEACE AND ORDER, DIVISION 2. - NOISE, Sec. 46-42. - Specific prohibitions, (6) states:
“Construction and demolition: operating or permitting the operation of any tools or equipment used in construction, drilling, repair, alteration or demolition work between the hours of 9:00 p.m. and 7:00 a.m. the following day on weekdays or 9:00 p.m. and 7:30 a.m. on weekends and holidays in or within 50 yards of any residential area or noise-sensitive zone, except for emergency work by public service utilities or by a variance approved by the city commission.”
The Code of the City of North Port, Florida, Chapter 46 - Offenses, ARTICLE II. - OFFENSES INVOLVING PUBLIC PEACE AND ORDER, DIVISION 2. - NOISE, Sec. 46-45. - Exceptions by special permit states:
“Any person desiring to seek relief from any provision of this division shall apply to the city commission for a special permit to cause or create noise at levels which would otherwise be in violation of this division. Such permits shall be granted only upon the showing of good cause therefor and shall specify the duration for which such noncompliance shall be permitted and shall prescribe the conditions or requirements necessary to minimize adverse effects upon the community or surrounding neighborhood.”
The first phase of nighttime roadwork is at the segment of roadway south of I-75 at Toledo Blade Boulevard and Cranberry Boulevard. (See attached map). This area is not within 50 yards of any residential or noise-sensitive zones. However, additional phases of Toledo Blade Boulevard rehabilitation occur within 50 yards of residential areas. (See attached map).
The following provides the findings required by Sec. 46-45. - Exceptions by special permit, for the Toledo Blade Road Rehabilitation Project:
Ø Finding of Good Cause:
ü The road experiences lower traffic volume during nighttime hours, thereby mitigating traffic impacts from vehicles which typically travel roads during daytime hours such as school buses, Solid Waste trucks and delivery trucks.
ü Minimizes inconvenience to the traveling public and unsafe working conditions for the contractor. It is more challenging for the contractor to perform road rehabilitation during daytime hours when traffic volume is at its greatest.
ü Assists contractor to meet project completion schedule.
Ø Duration for which non-compliance shall be permitted:
ü Commence work on January 24, 2024, and complete work on February 29, 2024.
Ø Conditions or requirements necessary to minimize adverse effects upon the community or surrounding neighborhood:
ü The contractor shall be required to maintain applicable maintenance of traffic operations.
ü The contractor shall maintain one (1) travel lane in each direction at all times.
ü The contractor will prioritize emergency response vehicles through the work zone.
The general public will be notified in advance through the City of North Port website postings, Facebook, press releases, roadway signage, and similar.
Strategic Plan
Infrastructure & Facilities Integrity
Financial Impact
There is no financial impact to the City associated with approval of this request.
Procurement
Not applicable.
Attachments:
1. Code of the City - Division 2 - Noise
2. Toledo Blade Properties Cranberry to Price
3. Toledo Blade Properties Price to Hillsborough
Prepared by: Tricia Wisner, Assistant Public Works Director
Department Director: Chuck Speake, Public Works Director