7THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members ofthe City Commission
FROM: Steven Alexander, City Manager
Agenda Item NO.:~ DATE: April 7, 2015
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:
On May 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
well as expeditious in the construction of the underground parking facility, issues with its
construction surmounted, causing delays in the project.
In the attached correspondence dated March 23, 2015 from Mr. Sirnon Ferro, the
representative for Metro South Senior Apartments LP explains that the delay unfortunately
pushes the project completion date beyond the required delivery date for the project. In order
to complete the project within the window that has been specified, Metro South Senior
Apartment is requesting the City Commission to modify the hours of construction.
ANALYSIS:
Currently, the hours of construction are as follows:
• Monday -Friday, from 7:00 a.m. to 6:00 p.m.
• Saturday, from 9:00 a.m. to 5:00 p.m.
• Sunday, No construction activity is permitted
At this time, Mr. Ferro is requesting the following modification to the hours of construction:
• Saturday, from 7:00 a.m. to 5:00 p.m.
• Sunday, from 9:00 a.m. to 5:00 p.m.
Pursuant to Section 20-7.16(g} ofthe City Code of Ordinances,
All construction sites shall comply with the city's noise code. Construction activity
is limited to the hours of 7:00 a.m. through 6:00 p.m. on the weekdays of
Monday through Friday; and between the hours of 9:00 a.m. through 5:00 p.m.
on Saturday. No construction activity is permitted on Sunday. Notwithstanding
Metro South Extended Construction Hour Request
April 7, 2015
Page 2 of 2
the above, no construction activities shall take place in, or within 500 feet of,
residentially zoned districts, other than those in the Hometown District, on either
Saturday or Sunday and, as to construction activities in non-residentially zoned
districts and in the Hometown District, all days of the week and hours of t,., day
may be changed by resolution of the City Commission upon a findinq 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 Mayor and City Commission approve the request for extended
construction hours.
MWl
C:WUsersWskamaJiWDocumentsWMetroSouth Extended Construction Hour_eM Report.docx
7
1 RESOLUTION NO. ________ _
2
3 A Resolution pursuant to Section 7 -16(g) of the Code of Ordinances, extending the
4 construction hours for the construction project located at 6101 Sunset Drive.
5 WHEREAS, pursuant to Section 7 -16(g) of Code of the Ordinances, as amended by
6 ordinance 05-15-2212, all construction sites shall comply with the city's noise code and it provides in
7 pertinent part as follows: •
8
9 All construction sites shall comply with the city's noise code. Construction activity is
10 limited to the hours of7:00 a.m. through-6:00 p.m. on the weekdays of Monday thru
11 through Friday; and between the hours of 9:00 a.m. through 5:00 p.m. on Saturday.
12 No construction activity is permitted on Sunday. Notwithstanding the above, no
13 construction activities shall take place in, or within 500 feet of, residentially zoned
14 districts, other than those in the Hometown District, on either Saturday or Sunday
15 and, as to construction activities in non-residentially zoned districts and in the
16 Hometown District, all days of the week and hours of the day may be changed by
17 resolution of the City Commission upon a finding of extraordinary circumstances.
18
19 WHEREAS, allowing construction activities in non-residentially zoned districts and in the
20 Hometown District, may be changed by resolution of the City Commission upon its finding of
21 extraordinary circumstances; and
22
23 WHEREAS, the development project at 6101 Sunset Drive is located within the T.O.D.D.
24 MU-5 zoning district and is currently being developed as an affordable elderly housing facility; and
25
26 WHEREAS, the property is not located within 500 feet of a residential zoning district; and
27
28 WHEREAS, Metro South Senior Apartments Limited Partnership, a Florida Limited
29 Partnership ("Metro South") has worked diligently to expedite the construction process, but was
30 delayed due to conditions related to the construction of the required subterranean parking garage
31 which was required as a result of the demands of the City concerning the parking requirements for
32 the building and
33
34 WHEREAS, the unexpected delay results in the scheduled completion date to occur beyond
35 the required delivery date for the project; and
36
37 WHEREAS, the failure to meet the required delivery date will result in a loss of the State of
38 Florida funds necessary to complete the project, the project may be terminated in mid-construction
39 due to projected loss of necessary funding, potentially resulting in the abandonment of a partially
40 constructed facility with no certain path for funding and completion which can lead to an unsightly,
41 environmentally risky, hazardous construction site; and
42
43 WHEREAS, Metro South is requesting authority to undertake construction activities on
44 Saturdays from 7 a.m. to 5 p.m. and on Sundays from 9 a.m. to 5 p.m. in order to meet the required
45 delivery date for the project but only for the period of time from the approval date of this resolution
46 to the date of the issuance of a final Certificate of Occupancy for the property; and
47
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WHEREAS, approval of this request will not be detrimental or harmful to the surrounding
area of the community at large.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1: The request by Metro South Senior Apartments Limited Partnership, a Florida
Limited Partnership for an extension to the construction hours for the construction project located at
6101 Sunset Drive is granted. Construction activity shall be limited to the hours of7:00 a.m. through
6:00 p.m. on the weekdays of Monday through Friday, and limited to the hours of7 a.m. to 5 p.m. on
Saturdays and from 9 a.m. to 5 p.m. on Sundays. The extended construction hours will be effective
beginning on the adoption of this resolution until the project receives the final certificate of
occupancy from the City. The owner shall hire, at its own expense, an off duty City of South Miami
Police officer for these days and during the hours from 7:00 a.m. to 9:00 a.m. and from 5:00 p.m. to
6:00 p.m. on Saturday and from 9 a.m. to 5 p.m. on Sunday to insure that the owner and its contractor
comply with the City's noise ordinance and this resolution. The weekend extended hours for
construction activity authorized by this Resolution may be reduced or revoked upon determination of
the City Manager in his sole and absolute discretion that a violation of this Resolution has occurred
and has not been resolved. This resolution may be revoked at any time in the sole and absolute
discretion of the City Commission.
Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption.by vote ofthe City Commission.
PASSED AND ADOPTED this __ , day of~~~, 2015.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Welsh:
Commissioner Edmond:
Page 2 of2
GUNSTER
Mr. StLwen AleXander
,Manag.~t
City ofS®:lh Miatni
6130 sunset Drtvil
South Miami, Florida 3.3143
March 23,20lS
Wjit~i·. rli';:c( dJo'l: il05316.~OI6
W,tl!lf~ ».1\10\1 Adat¢ss,s",rr:(l®guljster,c~m
Rei ReqU¢st for change in QOIlsl:r\l¢uon days and hoUrs .of opemtion, pursuant to
~eGtlQn7·16(g)ofthe Code ofOrdillilficesofthe CttyofSouth Miami
Dl!arManager Alexander,
Our office. :represents Me!:rq South Sen1Qr Al1JU®):j:ntll LP ("Metro . Souili"J, the
ownertde¥elopet of property located at 6tOl SUI1llet 'Dnve; in the City of SQt)th Mi!\nli
(ProPerty)" .
rb:e Ptflperty Is lQ~ated witliin the Clty'}! 1.0.0 .. 0. district fUldis cuttently hemg
develope.d aSa)1(iffordaQIe elderIy housing facllity.
The Jlr{)perlYis pfeset):tly an acaveconstt\lptlon. site, haV'iP:g been lssued)?enmt: ;iNUlllber;
13.1329.
Jl~~ttoSection 7, !n(g) ~i't1ieCbil!loi' Ot4in!!hc\!lltlfthe. City ofSollth )..fiami,Metro
$o:Utlt 't¢S;),1e~11Yfeque$ts a'U~hority to undert~e '~oil~!nl¢ti:on @UviUl'l$. QlI;SIl~IlY1l from 7
a,m, toSp.1n, ImdOIL ~ndaysfr.orn 9 Il,m, 105 'p,m, Werequ~ tb,ll$e;re~iaed C9ustruci'lon homs
trQm IlpJi)r!!>'<a1 date to fue rssutuIce tlf'jl·tlnal CertJ.ficl$of Oooupaney for thePtOpeny.
AsjUSttl11)atiQU t'ot th~aboveteq'\le~ Metro Squib states as tol1Q'\Vs:
1. The l'toP\m:y1$located'Witbin the City's 'I' .0,1) h.Gh'stt\ot. a Il9P-residel1tially zoned
w.mrlct· .
. 2;, 1:he Pti)'perty l~ nlit locat!)u within 500 feet a tllsid:entiaUy zon:eddistclct,
:1'. AltUongJi M®;{)$oufu.has wotl{eddillg~tly tOCll;p'¢dltethet:on:s~iQnprqc~ss die
pro] ecihasexperitrncea;a conslutlta:bledelay (apptQ1ili!:la1et~:3 'tl\.onths) re'Sultingfrom
oMdiIioris slll't'gundiD.$ 1ha Gonsttuctiofiof tb:esubtetf1ll1ean p~g. garage, 'This
;.,. .; "~'" ~ "i, .,.... -;,-... , ,,-A_·j -"" ,r .... ,j _'u 1
Mr, Steven Nexahder
Mt\lJl)ger
City ,of South Miami
Marcn.23,Z013
Pa~e2
SF
Qelay pushes the sllheduJed completion date beyond the required delivery daw which
secUJ:eiS the basis under wl:llch Project investors .have made their inve.stment
comt:nittnent. Without approval of the construction da,yslhours xequesled herein
completion. of the Project as required is impossible.
4, ApptOYIil of this .teq\iest will nofbedetriJ)1entaJ !or harmfui to the surtQundinglll"ea or
the community at large,
Ple'ilse let me kn,owif you need additionlilW'nfo:r.mg