Res No 143-20-15583RESOLUTION NO.143-20-15583
A Resolution extending the allowable days of the week for construction
activity for the Mixed -Use Project on the East and West Madison Square
property as legally described herein.
WHEREAS, Madison Square South Miami LLC ("Owner ") owns several parcels
on the south side of SW 60 Street and east of SW 591h Place, as follows: 5944 SW 64 Street
(Folio 09-4025-010-0270), 6401 SW 59 Place (Folio 09- 4025-010- 0280), 6411 SW 59
Place (Folio 09-4025-010-0290), 6415 SW 59 Place (Folio 09- 4025-010-0300), 6443 SW
59 Place (Folio 09-4025-010-0320), and a vacant lot with Folio Number 09-4025-010-0310
(collectively referred to as "East Madison Square"); and
WHEREAS, , Madison Square South Miami LLC also owns several parcels on
the south side of SW 64th Street and west of SW 59th Place, as follows: 5978 SW 64th
Street (folio 09-4025-010-0010), 6415 SW 60th Avenue (folio 09-4025-010-0030), 6429
SW 60th Avenue (folio 09-4025-010-0040), 6442 SW 59th Place (folio 09-4025-010-
0180), 6420 SW 59th Place (folio 094025-010-0160), and vacant lots with the following
folio numbers: 094025-010-0050, 09-4025-010-0020, 094025-010-0140, and 094025-
010-0170 (collectively referred to as "West Madison Square"); and
WHEREAS, the property in question, East Madison Square and West Madison
Square (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 Court and SW 60
Avenue), and from a large part of the residential areas to the south by 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 am. to 6:00 p.m. Monday through Friday and between the hours of 9:00 am.
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
Page 1 of 3
Res. No. 143-20-15583
commission upon a finding of extraordinary circumstances; and [Emphasis
added]
WHEREAS, the East and West Madison Square development is a public -private
partnership that fulfills a long-standing goal of the City to create additional jobs locally
owned businesses and affordable housing; and
WHEREAS, the completion of the Madison Square project is a public policy goal
of the City and it is in the City's best interest, as well as the best interest of its low to
moderate income residents, that the project be completed as soon as possible; and
WHEREAS, West Madison Square has experienced some delays and it needs
additional time to complete construction by December 31, 2020; and
WHEREAS, East Madison Square construction has just begun and needs additional
hours of the day and days of the week in order to complete construction by December 31,
2021; 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.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH M1ANII, FLORIDA THAT:
Section 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. The owner of the Property has established that extraordinary
circumstances warrant an exception to the days of the week and hours of operation for
construction activity on the Property.
Section 3. The City Commission finds that there are extraordinary circumstances,
based on the facts set forth in the recitals to this Resolution, that warrant an extension of
days of the week and hours of the day for construction on the Property. The days of the
week and hours of the day are hereby changed temporarily for the current construction
activities on the Property from the date of this Resolution until such time as the construction
is completed, but not later than December 31, 2021 for East Madison Square and December
31, 2020 for West Madison Square, or, as to either project, earlier if the City Commission
or the City Manager revokes this extension of hours of the day and the days of the week for
construction activities. The temporary days and hours for construction are limited to
weekdays from 7:00 am. to 6:00 p.m. and Saturday from 9:00 am. to 5:00 p.m. and on
Sunday between the hours of 1:00 p. m. and 5:00 p. m. for cleanup work that makes no noise
of machinery and during which no music may be played and no loud voices heard In
addition, all construction activity must be suspended one hour before and until one hour after
St John's AME Church holds its Saturday event provided St John's AME Church notifies
the Developer and copies the City Manager of the Saturday event, including the time period
Page 2 of 3
Res. No. 143-20-15583
when the event will be held, no later than 5:00 p.m. on the Thursday immediately before the
event.
Section 4. The extended days of the week and hours of the day for construction
activity authorized by this Resolution may also be reduced or revoked upon determination
of the City Manager in 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 her satisfaction or
that the noise level is excessive in her sole and absolute judgment. This Resolution may be
revoked at any time in the sole and absolute discretion of the City Commission.
Section 5. 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 6. Severabitity. 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 7. Effective Date. This Resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 2& day of October 2020.
ATTEST:
APPROVED:
CITY CLE
MAYO
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY -ATTORNEY
Page 3 of 3
Mayor Philips:
Vice Mayor Welsh:
Commissioner Harris:
Commissioner Liebman:
Commissioner Gil:
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Rem No:7.
City Commission Agenda Item Report
Meeting Date: October 20, 2020
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Rem Type: Resolution
Agenda Section:
Subject:
A Resolution extending the allowable days of the week for construction activity for the Mixed -Use Project on the
East and West Madison Square property as legally described herein. 3/5 (Vice Mayor Welsh)
Suggested Action:
Attachments:
Res Madison_Sq_E_W ConsDaysofWkExtens(4).docx