Res No 077-20-15517RESOLUTION NO.077-20-15517
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 60 Street and west of SW 591h Place, as follows: 5978 SW 64" Street (folio 09-4025-010-
0010)9 6415 SW 601' Avenue (folio 09-4025-010-0030), 6429 SW 60e1 Avenue (folio 09-4025-
010-0040), 6442 SW 5911 Place (folio 09-4025-010-0180), 6420 SW 591h 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
WI�REAS, 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; 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 hours of construction may be changed by resolution of the City
Commission upon its finding of extraordinary circumstances.
Page 1 of 2
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 or until
such time as the construction is completed, but not later than June 30, 2020, or the City
Commission or the City Manager revokes these extended day of operation. The temporary days of
construction are limited to weekdays from 7:00 a.m. to 6:00 p.m. and 9:00 am. to 5:00 p.m. on
Saturday and on Sunday between the hours of 12:01 p. m. and 5:00 p. m. clean up work that makes
no noise of machinery or music may be conducted. 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 S. 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 70' day of July. 2020.
ATTEST: APPROVED:
rJ
CITY ,tLERI A1AYOR
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECCU70N THEREOF
CITY ATTOR�
COMMISSION VOTE: 5-0
Mayor Philips:
Yea
Vice -Mayor Welsh:
Yea
Commissioner Gil:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
Page 2 of 2
Agenda Item No:13.
City Commission Agenda Item Report
Meeting Date: July 7, 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. 315 (Vice Mayor Welsh)
Suggested Action:
Attachments:
Reso re extended days of week and hours.docx