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Res No 053-15-14392RESOLUTION NO.053-1 5-1 4392 A Resolution pursuant to Section 7-16(g)of the Code of Ordinances,extending the construction hours for the construction project located at6101 Sunset Drive. WHEREAS,pursuant toSection 7-16(g)of Code of theOrdinances,asamendedby ordinance 05-15-2212,all construction sitesshallcomplywiththe city's noisecodeandit provides in pertinent part asfollows: All construction sitesshallcomplywiththecity'snoisecode.Construction activityis limited tothehours of 7:00a.m.through-6:00 p.m.onthe weekdays of Monday thru through Friday;and between the hours of 9:00a.m.through 5:00p.m.on Saturday. No construction activityis permitted onSunday.Notwithstanding theabove,no construction activities shalltakeplacein,or within 500feetof,residentially zoned districts,other than those inthe Hometown District,on either Saturday or Sunday and,asto construction activities in non-residentially zoned districts and inthe Hometown District,alldays of the week and hours of the day may be changed by resolution of theCity Commission uponafinding of extraordinary circumstances. WHEREAS,allowing construction activities in non-residentially zoned districts andinthe HometownDistrict,maybechangedbyresolution of theCity Commission uponitsfinding of extraordinary circumstances;and WHEREAS,the development project at6101SunsetDriveis located within theT.O.D.D. MU-5zoningdistrictandiscurrentlybeingdevelopedasanaffordableelderlyhousingfacility;and WHEREAS,the property isnotlocatedwithin500feet of a residential zoningdistrict;and WHEREAS,MetroSouthSeniorApartmentsLimitedPartnership,aFloridaLimited Partnership("MetroSouth")hasworkeddiligentlytoexpeditetheconstructionprocess,butwas delayeddueto conditions relatedtothe construction oftherequired subterranean parkinggarage whichwasrequiredasaresultofthe demands oftheCity concerning theparking requirements for the building and WHEREAS,theunexpecteddelayresultsinthescheduledcompletiondatetooccurbeyond therequireddeliverydatefortheproject;and WHEREAS,thefailuretomeettherequireddeliverydatewillresultinaloss of theStateof Floridafundsnecessaryto complete the project,theprojectmaybeterminatedin mid-construction dueto projected lossof necessary funding,potentially resulting inthe abandonment ofa partially constructed facilitywithnocertainpathfor fiinding and completion whichcanleadtoan unsightly, environmentally risky,hazardous construction site;and WHEREAS,MetroSouthisrequestingauthoritytoundertake construction activitieson Saturdays from 7 a.m.to5p.m.andon Sundays from 9 a.m.to5p.m.inordertomeetthe required delivery datefortheprojectbut only forthe period oftime from the approval dateofthis resolution tothedateofthe issuance ofa final Certificate of Occupancy forthe property;and Page 1 of2 Res.No.053-15-14392 WHEREAS,approval of thisrequestwillnotbedetrimentalorharmfultothesurrounding area of the community at large. NOW,THEREFORE,BE IT RESOLVED BY THE COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: MAYOR AND CITY Section 1:TherequestbyMetroSouthSeniorApartmentsLimitedPartnership,aFlorida LimitedPartnershipforanextensiontotheconstructionhoursfortheconstructionprojectlocatedat 6101SunsetDriveisgranted.Construction activityshallbelimitedtothehours of 7:00a.m.through 6:00p.m.onthe weekdays of Monday throughFriday,and limited tothehours of 7a.m.to5p.m.on Saturdaysandfrom9a.m.to5p.m.onSundays.Theextended construction hourswillbeeffective beginning onthe adoption of this resolution untilthe project receives the final certificate of occupancy fromtheCity.The owner shallhire,atitsown expense,an off dutyCity of South Miami Police officer for these daysand during thehoursfrom7:00a.m.to9:00a.m.andfrom5:00p.m.to 6:00p.m.on Saturday andfrom9a.m.to5p.m.on Sunday to insure that the owner andits contractor comply with the City's noise ordinance andthis resolution.The weekend extended hours for construction activity authorized bythis Resolution maybe reduced or revoked upon determination of theCity Manager inhis sole and absolute discretion that a violation of this Resolution has occurred andhas not been resolved.This resolution maybe revoked atany time inthesoleand absolute discretion of theCity Commission. Section 2.Severability.If any section clause,sentence,or phrase of this resolution isfor any reason held invalid or unconstitutional bya court of competent jurisdiction,the holding shall not affectthevalidity of the remaining portions of thisresolution. Section 3.Effective Date.This resolution shall become effective immediately upon adoption byvote of the City Commission. PASSED AND ADOPTED this 7th ,dayof April ,2015. CITY CLERK READ AND APPROVED ASTO FORM, LANGUApeTlJ^ALITY At EXECydoN THEREOF/ APPROVED: PJfMMJ MAYOR COMMISSION VOTE:3-2 Mayor Stoddard:yea Vice Mayor Harris:Nay Commissioner Liebman:Yea Commissioner Welsh:Yea Commissioner Edmond:Nay Page 2 of2 thvLli:CITY OF SOUTH MIAMI CE OF THE CITY MANAl INTER-OFFICE MEMORANDUM Sol ith'Mia mi OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING To:The Honorable Mayor &Members of the City Commission From:Steven Alexander,City Manager Date:April 7,2015 Agenda Item No.:_5 Subject: A Resolution pursuant to Section 7-16(g)of the Code of Ordinances,extending the construction hours for the construction project located at 6101 Sunset Drive. Background: OnMay 9,2014,the City issued a building permit (Permit #13-1329)for the construction of a new affordable elderly housing development (Metro South Senior Apartments LP)that will be located at 6101 Sunset Drive.Even though Metro South Senior Apartment has been diligent as wellas expeditious in the construction of the underground parkingfacility,issues with its construction surmounted,causing delays in the project. In the attached correspondence dated March 23,2015 from Mr.Simon Ferro,the representative forMetroSouthSeniorApartments LP explains that the delay unfortunately pushes the project completion datebeyond the requireddeliverydatefor the project.In order to complete the projectwithin the window that hasbeenspecified,MetroSouthSenior Apartment is requesting the City Commission to modify the hours of construction. Analysis: Currently,the hours of construction areas follows: •Monday -Friday,from7:00a.m.to6:00p.m. •Saturday,from 9:00 a.m.to5:00p.m. •Sunday,Noconstruction activity is permitted Atthis time,Mr.Ferro is requesting the followingmodification to the hours of construction: •Saturday,from7:00a.m.to5:00 p.m. •Sunday,from 9:00 a.m.to 5:00 p.m. Pursuant to Section 20-7.16(g)of the CityCode of Ordinances, All construction sites shall comply with the city's noise code.Construction activity islimitedtothe hours of 7:00 a.m.through 6:00 p.m.ontheweekdaysof Monday through Friday;andbetweenthehoursof9:00a.m.through 5:00p.m. on Saturday.No construction activityis permitted on Sunday.Notwithstanding Metro South Extended Construction Hour Request April7,2015 Page2of2 theabove,noconstructionactivitiesshalltakeplacein,orwithin 500 feet of, residentially zoned districts,other than those inthe Hometown District,on either Saturday orSundayand,astoconstructionactivitiesin non-residentially zoned districtsandintheHometown District,alldaysoftheweekandhours ofthf day may be changed byresolution of theCity Commission uponafinding of extraordinary circumstances. The Metro South project is not located within 500 feet of a residential zoning district. Furthermore,if the modification is not granted,the scheduled completion date would be pushed beyond the required delivery date.Delivering the building on time was the basis under which project investors and the State have made their investment commitment. Recommendation: Staff recommends that the MayorandCityCommission approve the request for extended construction hours. MWL CWUsersWskamaliWDocumentsWMetroSouth Extended Construction Hour.CM Reportdocx FW«!S^WSh5^^iA^S^™:'. 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