TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Consider the City’s Application for an Exception by Special Permit and for a Variance to the Noise Regulations in the Code of the City of North Port, Florida, Sections 46-40 through 46-45 for an Extension to the Toledo Blade Boulevard Rehabilitation Project.
Recommended Action
Based upon finding that good cause exists, approve the issuance of a variance to the Code of the City of North Port, Florida, Section 46-42, Subsection (6) and approve the issuance of an exception by special permit for the Toledo Blade Boulevard Rehabilitation Project, allowing night-time construction work to commence on February 28, 2024, and be completed on April 30, 2024, subject to the following parameters and conditions:
Parameters:
Ø Timeframe: Commence work on February 28, 2024, and complete work on April 30, 2024.
Ø Work Hours:
ü Work Zone Area Hours:
§ 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 Hours:
§ 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.
Conditions:
1. The contractor shall be required to maintain applicable maintenance of traffic operations.
2. The contractor shall maintain one (1) travel lane in each direction at all times.
3. The contractor will prioritize emergency response vehicles through the work zone.
Background Information
The Department of Public Works has contracted Preferred Materials, Inc. for the 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. During the City Commission Regular Meeting held on January 23, 2024, the Commission approved the issuance of a variance to the City Code Section 46-42, Subsection (6) and also approved the issuance of a special exception permit for the Toledo Blade Boulevard Rehabilitation Project, allowing night-time construction work to occur from January 24, 2024, through February 29, 2024, with listed parameters and conditions.
An amendment to the scope of work for Toledo Blade Boulevard Rehabilitation Project will extend the construction work from Bobcat Trail to Hillsborough Boulevard and extend the project timeline. Therefore, the Department of Public Works requests to extend the approved variance timeline through April 30, 2024, to allow night-time work between Bobcat Trail and Hillsborough Boulevard.
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 following provides the findings required by Sec. 46-45. - Exceptions by special permit, for the Toledo Blade 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 February 28, 2024, and complete work on April 30, 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. Amended Draft Minutes January 23, 2024
2. Code of the City - Division 2 - Noise
3. Toledo Blade Properties Bobcat to Hillsborough
Prepared by: Tricia Wisner, Assistant Public Works Director
Department Director: Chuck Speake, Public Works Director