Res No 022-20-15462RESOLUTION NO. 022-20-15462
A Resolution extending the allowable days of the week for construction activity
for the Mixed -Use Project on the West Madison Square property as legally
described herein.
WHEREAS, Abreu South Miami, LLC ("Abreu") owns several parcels on the south side
of SW 64 h Street and west of SW 59 h Place, as follows: 5978 SW 64�' Street (folio 09-4025-010-
0010), 6415 SW 60t' Avenue (folio 09-4025-010-0030), 6429 SW 60' Avenue (folio 09-4025-
010-0040), 6442 SW 59t' Place (folio 09-4025-010-0180), 6420 SW 591' Place (folio 09-4025-
010-0160), and vacant lots with the following folio numbers: 09-4025-010-0050, 09-4025-010-
00209, 09-4025-010-0140, and 09-4025-010-0170 (collectively referred to as "West Madison
Square"); and
WHEREAS, the property in question (Property) is the site of the new mixed -use "Madison
Square" project, anchored by Family Dollar. The Property is located along a half -section line
roadway, SW 64 Street, which is a 50 foot to 70-foot right of way (varies) and serves as a collector
road in the area. As such, the construction activity is across a busy thoroughfare from the
residential area to the north. The construction activity is also separated from the residential areas
to the east and west by public rights of way (SW 59 Place and SW 60 Avenue), and from a large
part of the residential areas to the south by intervening St. John's A.M.E. Church. In addition, a
precast concrete fence has been installed along the perimeter of the Property to shield construction
activity and reduce noise impacts on the community; and
WHEREAS, pursuant to Section 7-16(g) of the Code of Ordinances of the City of South
Miami, construction activity on non -residentially zoned properties is limited to the hours of 7:00
a.m. to 6:00 p.m. Monday through Friday and between the hours of 9:00 a.m. through 5:00 p.m.
on Saturday. However, even if the activity is being conducted in a non -residentially zoned
district, if the construction activity is within 500 feet of a residentially zoned district it is
prohibited on Saturdays unless the City Commission finds that there are extraordinary
circumstances that warrant an exception for Saturday construction activities; and
WHEREAS, Section 7-16(g) provides for an exception and states:
Notwithstanding the above, no construction activities shall take place in, or within five
hundred (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 the day may be changed by resolution of the city commission upon a finding
of extraordinary circumstances. [Emphasis added]
WHEREAS, Abreu has requested that it be allowed to conduct construction activity on
Saturday from 9:00 a. m. until 5:00 p. m. in order to deliver the commercial portion of the project
in advance of the peak portion of hurricane season and to allow Abreu to meet a delivery date for
Family Dollar, the commercial tenant, on or before June 30, 2020; and
WHEREAS, the allowable days of the week for construction activities may be changed by
resolution of the City Commission upon its finding of extraordinary circumstances.
Page i of 2
Resolution No. 022-20-15462
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The recitals set forth above have been found to be true and they are hereby
incorporated by reference as if fully set forth herein.
Section 2. Abreu South Miami, LLC has established that extraordinary circumstances
warrant an exception to the days of the week for construction activity on the Property.
Section 3. The construction days of the week are hereby changed temporarily for the
current construction activities of Abreu South Miami, LLC from the date of this resolution until
such time as the construction is completed, but not later than June 30, 2020, or earlier if the City
Commission or the City Manager revokes this extension of the days of the week for construction
activities. The temporary days and hours for construction are limited to weekdays from 7:00 a.m.
to 6:00 p.m. and 9:00 a.m. to 5:00 p.m. on Saturday. The extended days of the week for
construction activity authorized by this Resolution may also be reduced or revoked upon
determination of the City Manager in his/her sole and absolute discretion that a violation of any of
the City's ordinances or this Resolution has occurred and has not been resolved to his/her
satisfaction or that the noise level is otherwise excessive. This Resolution may be revoked at any
time in the sole and absolute discretion of the City Commission.
Section 4. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 5. 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 6. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 18'h day of February, 2020.
ATTEST:
FORM, COMMISSION VOTE:
5-0
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Gil:
Yea
Commissioner Hams:
Yea
Commissioner Liebman:
Yea
Page 2 of 2
Agenda Item No:Bc.
City Commission Agenda Item Report
Meeting Date: February 18, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section:
Subject:
A Resolution extending the allowable days of the week for construction activity for the Mixed -Use Project on the
West Madison Square property as legally described herein. 3/5 (Vice Mayor Welsh)
Suggested Action:
Attachments:
Madison Sq W Construction Days of Wk Extens Resolution 02182020CArev(3).docx