Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 23-R131, Authorizing the Imposition of a Driveway Permit Condition in Accordance with Chapter 54 of the Code of Ordinances in Order to Facilitate the FDOT’s Construction Project to Expand PSL Boulevard from South of Becker Road to Gatlin Boulevard.
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Submitted By: Clyde Cuffy, P.E. - Public Works
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Executive Summary (General Business): The Florida Department of Transportation (FDOT) has requested that the City impose a driveway permit condition on properties with driveways adjacent to Port St. Lucie Boulevard. The permit condition will apply to new driveway permit applicants and require that they allow FDOT to temporarily enter upon their properties to perform work to connect and harmonize their driveways to the newly expanded roadway at no cost to the applicant.
Presentation Information: Staff will be available to answer any questions.
Staff Recommendation: Move that the Council approve the resolution for the imposition of a driveway permit condition for new driveway permit applicants along the project corridor with driveways adjacent to Port St. Lucie Boulevard.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the resolution.
2. Move that the Council not approve the resolution and provide staff direction.
Background: The FDOT will be implementing and constructing the expansion of Port St Lucie Boulevard from just north of the C-23 Canal to Gatlin Boulevard (Project). The Project has been phased into separate segments and will be implemented over several years. During the design phases, FDOT will secure permission from property owners with existing driveways adjacent to Port St. Lucie Boulevard to temporarily enter upon those properties to connect and harmonize the driveways to the newly expanded roadway. However, there are several undeveloped lots which may later develop and require driveways after the final design is completed, but before completion of the roadway construction. In those instances, FDOT will still need permission from the property owners of these new driveways to complete and harmonize the driveways to the roadway. City Code Chapter 54.01 states the City owns and regulates the use of its public right-of-way in the interest of public health, safety, and welfare and the City can impose permitting requirements for construction of new driveways and modification of existing driveways. FDOT has requested the City impose a driveway permit condition to require new driveway permit applicants to allow FDOT to temporarily enter upon their properties to perform driveway connection and harmonization at no cost to the property owner (aside from customary permit fees and costs that are already required). The condition also provides an alternative option allowing applicants to perform the work at their own cost and expense to the reasonable satisfaction of the City and FDOT. As each segment of the project is completed, the condition will be removed for all properties along that segment corridor until such time that the entire project is completed.
Issues/Analysis: FDOT has requested that the City implement and impose this driveway permit condition to: (1) facilitate FDOT and its contractors to safely connect and harmonize newly constructed driveways to the roadway during the time in which roadway construction is under way; and (2) avoid any delays in the scheduling and implementation of this multi-year state project.
Financial Information: There will be no cost to the City and no additional costs to property owners (aside from customary permit fees and costs that are already with driveway permits) from the imposition of the driveway permit condition.
Special Consideration: This driveway permit condition is required immediately to avoid any delays in the project scheduling.
Location of Project: Port St. Lucie Boulevard Segments from the C-23 Canal to Gatlin Boulevard.
Attachments:
• Resolution
• Location Map
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: Legal Intake 10036
Legal Sufficiency Review:
Reviewed by Richard Berrios, Interim City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, Interim City Attorney.