Loading...
Res No 150-21-15750RESOLUTION NO. 150-21-15750 A Resolution extending the allowable days of the week for construction activity for the Mixed-Use Project on the East Madison Square property as legally described herein. WHEREAS, Madison Square South Miami LLC C'Owner ") owns several parcels on the south side of SW 64 Street and east of SW 59 th 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, the property in question, East Madison Square, is located at the southeast corner of SW 64 Street and SW 59 th Place; and WHEREAS, the development is under construction and will contain affordable residential units and ground floor commercial space focused on local entrepreneurs and convenience retail opportunities; and WHEREAS, the property owner is in the final stages of development and completion is projected in the second quarter of 2022; 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 of7:00 a.m. to 6:00 p.m. Monday through Friday and between the hours of9:00 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, in order to expedite construction and provide the community benefits in the project as quickly as possible, the City Commission approved Resolution No. 143-20-15583 on October 20, 2020, to allow Saturday construction activity between 9:00 AM and 5:00 PM and Sunday construction activity between 1:00 PM and 5:00 PM, provided that construction activity would be suspended during events at the neighboring church (St. John's AME). That approval expires December 31, 2021; 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, the property owner is requesting approval to extend the weekend construction arrangement for the development on the property until June 30, 2022, only for Saturday construction activity between 9:00 AM and 5:00 PM; and Page 1 of 3 Res. No. 150-21-15750 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; and WHEREAS, 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. 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. 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 extended 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 June 30, 2022 or, earlier if the City Commission or the City Manager revokes this extension. The temporary days and hours for construction are limited to weekdays from 7:00 a.m. to 6:00 p.m. and Saturday from 9:00 a.m. to 5:00 p.m. 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 when the event will be held, no later than 5:00 p.m. on the Thursday immediately before the event. Section 3. 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 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 will not affect the validity of the remaining portions of this Resolution. Section 6. Effective Date. This Resolution will become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this 7th day of December, 2021. Page 2of3 Res. No. 150 -21 -1 5750 ATIEST: APPROVED : READ AND APPROVED AS TO FORM, COMM ISSION VOTE: 5-0 Mayor Ph ilip s: Yea Commission Harris: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Commiss i oner Corey: Yea Pa ge 3 of 3 City Commission Agenda Item Report Meeting Date: December 7, 2021 Submitted by: Samantha Fraga-Lopez Submitting Department: City Manager Item Type: Resolution Agenda Section: Subject: Agenda Item No:5. A Resolution extending the allowable days of the week for construction activity for the Mixed-Use Project on the East Madison Square property as legally described herein. 3/5 (Commissioner Gil) Suggested Action: Attachments: Reso-_Madison_Square_construction_extension_CArev.docx East Madison Square construction request final.pdf 1 Jerry B. Proctor, P .A. November 24, 2021 Ms. Shari Kamali City Manager City of South Miami 6130 Sunset Driv~ South Miami, FL 3·3143 Dear Ms. Kamali: . Re: Folio Nos: 09-4025-010-0270 (5944 SW 64 St.) 09-4025-010-0280 (6401 SW 59 Place) 09-4025-010-0290 (6411 SW 59 Place) 09-4025-010-0300 (6415 SW 59 Place) 09-4025-010-0320 (6443 SW 59 Place) 09-4025-010-0310 (Vacant) Request to Allow Extended Times For Construction Activity at UEast Madison Square" I represent Madison Square South Miami, LLC, an entity established by Abreu Development, LLC, owner of several contiguous parcels, as described above (the "Property"). The Property is located at the southeast corner of SW 64 Street and SW 59 Place, and is the eastern portion of the Madison Square development. This development is under construction and will contain affordable residential units and ground floor commercial space focused on local entrepreneurs and convenience retail opportunities. The property owner is in the final stages of development and completion is projected in the second quarter of 2022. In order to expedite construction and provide the community benefits in the project as quickly as possible, the City Commission approved attacheq Resolution No. 143-20-15583 on October 20,2020 to allow Saturday construction activity between 9:00 AM and 5:00 PM, and Sunday construction activity between 1 :00 PM and 5:00 PM, provided that construction activity would be suspended during events at the neighboring church (St. John's AME Church). That approval expires on December 31, 2021. Please accept this request pursuant to Section 7 -16(g) of the City's Code of Ordinances for City Commission approval to extend the weekend construction arrangement for the development on the Property, until June 30, 2022. At this time, the Property owner requests only Saturday construction activity between 9:00 AM and 5:00 PM. Sunday activity will no longer occur. 7600 SW 57 ;\ \,E~UE. SUITE 210, SOU'!'I J MJAr-.-n. F1. 33143 786.536.7037 JPR( )cT( >R@PROCTORPA.COM 5 The Property is located a long a half-section line roadway , SW 64 Street , which separates the development from the residential community to the north . The Property is also separated from a large portion of the residential community to the south , east , and west by the St. John 's AME Church and by the "West Madison Square" mixed -use development (a lso bui lt by Abreu Deve lopment , LL C). The deve lopment of the Property includes a precast concrete fence along th e south property li ne. Thank you . cc: Daniel Abreu Sincerely , 0P{~ Jerry B. Proctor, P.A. Jerry B . Proctor President 6 RESOLUTION NO. 143-20-15583 A Resolution ateDdiag the aUowable days of the week for eounction activity for the Mixed-Use Project on the East and West MadisOD Square property as legally described herein. WHEREAS, Madison Square South Miami LLC \OWner j owns several parcels on the south side ofSW 64121 Street and east ofSW S9 th Place, as follows: 5944 SW 64 SlRet (poRo 09-4025-010-(270), 6401 SW S9 Place (Folio 09-4025-010-0280), 6411 SW S9 Place (Folio 09-4025-010-0290), 6415 SW S9 Place (Folio 09-4025-010-0300), 6443 SW 59 Place (Folio 09-402S-01 0-0320), and a vacant lot with Folio Number 09-402S·01 0-031 0 {collectively referred to as "East Madison Squarej; 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 (foHo 09-4025-010-0040), 6442 SW 59th Place (folio 09-4025-010- 0180),6420 SW 59th Place (folio 09-4025-010-(160), and vacant lots with the following folio numbers: 09-4025-010-0050, 09-4025-010-0020, 09-4025·010-0140, and 09-402S- 01 0-0170 (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 SO 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 S9 Court and SW 60 Avenue), and tiom 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 mned properties is limited to the hours of7:oo a.m. to 6:00 p.m. Monday through Friday and between the hours of9:00 a.m. through 5:00 p.m. on Saturday. However, even if the activi~ is being conducted in a nOD- residentially zoned district, if the construction activity is within SOO 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 (SOO) feet of residentially zoned districts, othertban those in the Hometown District, on either Saturday or Sunday and, as to CODstruction activities iD DOD-resldeDtially zoned districts and in the Hometown District, aD days oftbe week and hours of the day may be changed by resolution of the city Page I of3 7 Res. No. 143-20-15583 commission upon a finding of extraordinary eireumstaDces; 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 TIlE CITY OF 80llTB MIAMI, FLORIDA THAT: SeetlOD 1. The recitals set forth above have been fowd to be true and they are hereby incorporated by reference as if fully set forth herein. Seetion 2. The owner of the Property bas established that extraordinary circumstances warrant an exception to the days of the week and hours of operation for construction activi1¥ OD the Property. Seetlon 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 ftom the date oflbis Resolution lUlti1 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 hoW'S for construction are limited to weekdays ftom 7:00 a.m. to 6:00 p.m. and Saturday ftom 9:00 a.m. 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 1Dltil one hour after 8t 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 0'3 8 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 Seetion 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. Confonning language or technical scrivener-type corrections may be made by the City Attorney for any confonning amendments to be incorporated into the final Resolution for signature. Section 6. Severability. If any section, clause, sentence, or phrase of this Resolution is for any reason held invalid or lUlCOnstitutiOnal by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Resolution. SeettoD 7. Effective Date. This Resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this 20th day of October, 2020. ATTEST: ~~¥ READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION "THEREOh ~A j/. my1!j?P cltY1\rrORNEY Page30f3 COMMISSION VOTE: Mayor Philips: Vice Mayor Welsh: Commissioner Harris: Commissioner Liebman: Commissioner Gil: S-O Yea Yea Yea Yea Yea 9 City Commission Agenda Item Report Meeting Date: October 20,2020 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Resolution Agenda Section: Subject: Agenda Item No:7. 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 10