HomeMy WebLinkAboutReso 2006-1012
RESOLUTION NO, 2006- J(,)I2.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA; PROVIDING FOR A
CONDITIONAL APPROVAL OF A REQUEST FOR WAIVER OF
THE CONSTRUCTION NOISE LIMITTATIONS SUBMITTED BY
TRUMP DEZER DEVELOPMENT TO ALLOW EXTENDED
CONSTRUCTION HOURS NOT TO EXCEED A FREQUENCY OF
TWO TIMES PER WEEK FOR A PERIOD OF SIX MONTHS;
PROVIDING THE CITY MANAGER AND THE CITY
ATTORNEY WITH AUTHORITY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 193-3 of the City Code prohibits construction activities outside of
the permitted hours in order to limit excessive construction noise that interferes with the
comfortable enjoyment of life, property, recreation or conduct of business in the City; and
WHEREAS, Section 193-6 of the City Code provides that the limitations on construction
noise may be waived where exceptional circumstances exist, subject to certain conditions deem
necessary to protect the public health, safety and welfare; and
WHEREAS, the Trump Dezer Development has requested a waiver of the construction
noise limitations for the Trump Royal construction site located at 18201 Collins Avenue to work
from the hours of 6:00 a.m, to 8:00 pm Monday through Saturday, not to exceed a frequency of
two (2) times per week (a total of 52 occasions) for a period of six (6) months from the date of
the waiver approval; and
WHEREAS, the conditions set forth in Chapter 193 of the City Code are incorporated
herein by reference; and
WHEREAS, the City Commission has considered the waiver request submitted by the
Trump Dezer Development and the recommendation of the City Manager.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "Whereas" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of this Resolution
hereof,
Section 2. Approval of Conditional Waiver. The City Commission hereby grants a
conditional approval of the Noise Ordinance to the Trump Dezer Development, subject to the
following conditions:
Conditional Noise Waiver
(a) Trump Dezer Development shall assign an on-site representative to provide
for the immediate resolution of noise complaints; and
(b) the extended hours of construction shall not have an adverse affect on
adjacent property owners as defined by the City Manager.
Section 3. Authorization of City Manager to Revoke Waiver. The City Manager is hereby
authorized to immediately revoke this conditional waiver if Trump Dezer Development fails to
comply with the conditions outlined in this Resolution and Chapter 193 of the City,
Section 4. Authorization of City Manager and City Attorney. The City Manager and the City
Attorney have the authority to do all things necessary to effectuate this Resolution. Upon
revocation, this Resolution shall become null and void.
Section 5.
Effective Date, This Resolution shall become effective upon adoption,
PASSED AND ADOPTED this 16th day of November 2006.
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AD'EST:
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APPROVED AS TO FORM
AND LEGA SUFFICIENCY:
V
,ans
, City Attorney
Moved by:
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Con,"\! n, Dr.)M2 J:ca 1.-5CI1\:S
Seconded by:
Conditional Noise Waiver
Vote:
5-0
Mayor Edelcup
Vice Mayor Brezin
Commissioner Thaler
Commissioner Goodman
Commissioner Iglesias
V(Yes)
~Yes)
k:1Y es)
~Yes)
V(Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
Conditional Noise Waiver
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Departmenl
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans OUinot, City Allorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
A. John Szerlag, City Manager
? ciJ~
Priscilla Walker, CMC, Deputy City Clerk
November 28, 2006
Approval of Request for Waiver of Construction Noise Limitations
At its regular meeting of November 16, 2006, the City Commission adopted Resolution No.
2006-1012, which approved a request for waiver of the construction noise limitations for the
Trump Royale project, 18201 Collins Avenue. Attached is a copy of the approving resolution
for your files.
Thank you.
:pw
Attachments
cc: Hans Ottinot, City Attorney (w/o attachments)
Jorge L. Vera, Assistant City Manager/Services
Robert Solera, Community Development Director
Clay Parker, Building Official! Administrator
Trump Waiver Of Construction Noise Memo
City of Summy isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
City Commission
Norman S. Edelcup, Mayor
Roslyn Brezin, Vice Mayor
Lewis J. Thaler, Commissioner
Gerry Goodman, Commissioner
Danny Iglesias, Commissioner
A. John Szerlag, City Manager
Hans Ottinot, City Attorney
Jane A. Hines, City Clerk
MEMORANDUM
TO: Tine Honorable City Com . . lID.
FROM:
DA TIE: November 16 2006
RE: REQUEST BY TRUMP DEZER DEVELOPMENT FOR EXTENDED
CONSTRUCTION HOURS
Attached is a request from Mr. Gil Dezer requesting concrete pours and related work on the
Trump Royal Development located at 18201 Collins Avenue. Specifically, the request is to work
from the hours of 6:00 a.m. to 8:00 p.m. Monday through Saturday for not more than twice per
week. And this request carries a timeframe for the next six months. This means there would be
about 52 occasions where the Trump Development is requesting to work beyond the City's
standard hours of construction.
To offer a point of reference, our current hours of construction for Standard Time are 7:00 a.m.
to 6:30 p.m. Monday through Thursday, 7:00 a.m. to 5:00 p.m. on Fridays, and 9:00 a.m. to 5:00
p.m. on Saturdays. For Daylight Savings Time, construction hours are from 7:00 a.m. to 7:00
p.m. on Monday through Thursday, and construction times on Friday and Saturday are
commensurate to Standard Time hours.
Please know that our Construction Noise Ordinance provides me with latitude to waive noise
restrictions on a basis of undue hardship and/or practical difficulty. And I have granted waivers
on several occasions. And, these waivers were predicated essentially for specific events having
tight timeframes, like foundations pours that last 24 hours. However, I believe that granting a
waiver on a continual basis for standard concrete pours goes beyond my purview of authority. As
such, I advised Mr. Dezer that a request waiving construction hours on a continual basis for
standard concrete pours should be decided by the City Commission. And this can be
accomplished by the Commission waiving the Construction Noise Ordinance with restrictions
should the Commission wish to grant Mr. Dezer's request.
From my perspective as Manager, the salient restriction that should be placed on the Trump
Development pertains to noise. The main reason for having a limitation on construction hours to
begin with is underpinned by assuring predictable timeframes where adjacent residents and
Agenda Item
\08
Date --1J - ) 1.0 - Dl,
Commission - Extende Construction Hours - Trump Dev. Memo.Doc
A. John Szerlag
November 16, 2006
Page 2
businesses can enjoy peace and quiet, which we have defined as 60 decibels or less at the
property line.
If the City receives no noise complains resulting from extended construction hours, then City
Management has no issue. On the other hand, if we do receive noise complains and the noise
exceeds 60 decibels at the affected property line, then I would suggest that the waiver be revoked
until such time as compliance can be achieved. Additionally, the Trump Dezer Development
should assign someone in their organization that is able to immediately respond to noise
complains. If the Developer/Contractor takes a proactive stand in this regard, a couple of positive
things happen:
1. We receive no complaints
2. The project is completed more expediently.
Before closing, I have attached a list of other high-rise condominium projects, as I'm confident
we'll get similar requests for extension of construction hours.
As always, please feel free to contact me should you have any questions.
AJS/iw
Attached
Cc: Gil Dezer, Trump Dezer Developers
Hans Ottinot, City Attorney
Jorge L. Vera, Assistant City Manager/Service Division
Robert Solera, Community Development Director
Commission - Extendc Construction I-lours - Trump Dev. Memo.Doc
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QEAN RESORT & RESIDENCES
A Trump Dezer Development
November 8, 2006
The City of Sunny Isles Beach
Att: A. John Szerlag
City Manager
18070 Collins Avenue
Sunny Isles Beach, FI 33160
Dear Mr. Szerlag,
Thank you for the opportunity of meeting with you today. This letter will serve as our
request for an appearance before the City Commission on Thursday, Nov. 16, 2006 to
request the Commission to approve conditional waiver for an exception to Ordinance No.
2006-255 (Noise Ordinance) on an ongoing basis to permit concrete slab and vertical
pours for the Trump Royale, located at 18201 Collins Avenue.
We are requesting that the City Manager be authorized to exercise and execute waivers
for specific pours in order that the contractor, Coastal Condominiums, can complete the
pours within a single working day in order to complete the building within the project
schedule.
We understand that we will abide by the Ordinance's parameters in regard to not creating
any violation which would affect the immediate neighbors nor adversely affect traffic on
Collins Avenue.
We specifically request that Costal Condominiums be permitted to conduct concrete
pours and related work as follows:
1. From the hours of 6 a.m. to 8 p.m. Monday through Saturday limited to not
more than twice a week.
2. These pours would commence immediately and will end upon the completion
of the pour of the 47th floor, which we estimate woud be in approximately six
months.
Tel: 305.932.1000 · Fax: 305.936.9908 · WWWTRUMPGRANDE.COM
18001 Collins Avenue · Sunny Isles Beach, FL 33160
Trump Corporate Sales in New York City 0 108 Centra] Park South 0 NY, NY 10019 0 212.245.5084
We understand that this waiver is being considered based on our representations that we
will not disturb our immediate neighbors and that all trucks will effectively be operating
within the confines of our property.
We would ask the Commission to authorize the City Manager to grant this waiver on an
administrative basis as required. As we indicated in our meeting, we will fully cooperate
the City in limiting any adverse impact on the public health and welfare and the quality
of life of the residents of the City.
We look to your positive response and I am including the backup information from
Coastal regarding the pour schedule and related information.
Thank you for your prompt consideration.
Very truly yours,
Enclosures
cc: Peter Weiner
E l__~()~lS t2l1
City of Sunny Isles Beach
City Manager A. John Szerlag
18070 Collins Ave.
Sunny Isles, FL 33160
November yd 2006
RE: Request for Extended Work Hour Approval for Concrete Pours
Trump Royale; Master Permit Number B0992707
Dear Mr. Szerlag,
Coastal Condominiums as the General Contractor on the aformentioned project is hereby
requesting a Waiver of Limitations Permit for Subsection C of Ordinance No. 2006-255,
amending Ordinance 2006-249.
Due to the magnitude and the technical intricacy of the concrete pours for the Trump
Royale it is mandatory for us to start at 6:00 AM and proceed uninterrupted until 8:30
PM on the two days of week that the slabs are being poured.
For a better understanding of the particular process a bar chart schedule indicating the
activities that occur to complete the scheduled pours is provided as attachement 1 to this
letter.
Please consider this is a worst case senerio dictated by potential delays due to weather,
traffic and conditions beyond our control.
We believe that our particular situation is in congruence with all four conditions outlined
in Subsection F of the Ordinance 2006-255:
1) Should this waiver not being granted to Coastal we will not only suffer a
unique hardship due to practical difficulites, but will also suffer monetary
losses which we are expecting to be in the range of $ 6,000,000.00 a,s shown
on attachement 2.
In addition, the consquential project delay of approximatley. 2.5 months would
adversely affect the community due to the schedule changes resulting in the
protraction of the building shell construction.
It is our goal to complete the errection of the structure and the closing of the
building envelope as early as possible in order to confine and mitigate the
undesired effects of construction to the community which were the initial
reason for the issuance of the Ordinance.
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We believe that once all structural slabs and their attached vertical portions
are in place we can successfully continue with the project within the
limitations of the Ordinance.
2) In our .opinion the granting of a waiver will not adversely impact adjacent
properties, public health safety or welfare; in fact the neighbouring properties
have a distinct interest in Coastal completing the strucutral shell work on or
before schedule. During the requested extended working hours no work other
than directly related to the concrete pour will be undertaken and Coastal
Condominiums will make every effort to complete the slab pours within the
standard working hours.
In addition we are proposing to assist you with the preparation of special
permit conditions ensuring that the work allowed under the waiver permit is as
specific and as confined as possible.
Furthermore non of the required activities that fall under our request are listed
in paragraph (3) of Subsection B, which we agree are the most intrusive.
All safety measures and precautions will not only be in place but intensified
during the extended work hours.
3) The requested extension will be of temporary duration since it will only be
needed until the last slab of the building will be poured, which is estimated to
take place in approximately 7 months from this date.
4) As outlined above we do not consider the alternatives to be reasonably
acceptable and or desirable.
We will be available to meet with you at your convenience should you require any further
information to grant our request.
Sincerely,
/~~/
Gunnar Mandrisch
Assistant Project Manager
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iii Coastal
November 02, 2006
City of Sunny Isles Beach
18070 Collins Ave.
Sunny Isles, FL 33160
RE:
Trump Royale - 04-5576
Dear Mr. :
Coastal Condominiums is the general contractor on the aformentioned project. Currently
we are pouring the 23M floor of the 47 story building. We are pouring one structural slab
every five days.
In order to continue on our current schedule we respectively request the city's permission
to extend the working hours on the project two days a week. Due to the physical
requirements of the concrete pour we need to start the pour at 6:00 am and work until
8:30 pm on the two days per week that the slabs are poured. Please consider this is a
worst case senerio dictated potential delays due to weather, traffic and conditions beyond
our control.
Attached is a bar chart schedule that indicates the activities that occur to complete the
scheduled pour.
We will be available to meet with you at your convenience should you require any further
information to grant our request.
Sincerely,
Edward D. Fallin, Jr.
Vice President
Coastal Condominiums
5959 Blue Lagoon Drive
Suite 200
Miami, Horida 33126
305 559 4900 Telephone
305221-5005 Facsimile
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yeneral Code E-Code: City of Sunny Isles Beach, FL
Page 1 of3
ChapfteL" ~93: NO~SE
[HISTORY: Adopted by the City Commission of the City of Sunny Isles Beach 4-11-2006 by Ord. No. 2006-255.
Editor's Note: This chapter provided for the repeal of former Ch. 193, Noise, adopted 6-11-1998 by Ord. No. 98-34, as amended.
Amendments noted where applicable.]
COUNTY CODE CROSS-REFERENCES
Ch. 21, Offenses and Miscellaneous Provisions - Sec. 21-28 'amended.
GENERAL REFERENCES
Alarm systems - See Ch. 96.
Construction site security - See Ch. 135.
S 193-1. Purpose and intent.
The purpose of this chapter is to limit excessive construction noise that interferes with the comfortable enjoyment
of life property, recreation or conduct of business in the City.
S 193-2. Definitions.
The following words, terms and phrases when used in this chapter shall have the meaning ascribed to them in
this section, except where the context clearly indicates a different meaning:
CITY MANAGER - The City Manager of the City of Sunny Isles Beach or designee.
CONSTRUCTION - Any site preparation, assemble, erection, substantial repair, alteration, demolition, or
similar action, or public or private rights-of-way, structures, utilities or property.
CONSTRUCTION TOOLS AND EQUIPMENT - Includes but is not limited to: material handling, earthmoving
and digging equipment, power tools, generators, air compressors, hand tools, and radios and other sound
equipment used by workers on a building site. This definition does not include interior work within a structure
which does not generate excessive noise.
DAYLIGHT SAVING TIME - The time established by the federal government to make better use of the
daylight.
DEPARTMENT - The Code Enforcement and Licensing Department.
EMERGENCIES - Any occurrence or set of circumstances involving actual or imminent physical trauma
property damage demanding immediate attention.
SPECIAL MASTER - A person appointed by the City Commission to adjudicate code violations.
STANDARD TIME - The time established by the federal government for the calendar months that are
outside of daylight saving time.
VIOLATOR - A person or entity responsible for violation of the Code.
S 193-3. Limitations on construction noise.
Except as provided herein, no person or entity shall operate construction tools and equipment except between
the following hours:
A. Standard time: 7:00 a.m. to 6:30 p.m. Monday through Thursday, 7:00 a.m. to 5:00 p.m. on Friday, and 9:00
a.m. to 5:00 p.m. on Saturday.
B. Daylight saving time: 7:00 a.m. to 7:00 p.m. Monday through Thursday, 7:00 a.m. to 5:00 p.m. on Friday,
and 9:00 a.m. to 5:00 p.m. on Saturday.
C. Prohibits acts: No construction activities shall take place on Sunday and on the following holidays: New
Year's Day, Fourth of July, Labor day, Yom Kippur, Thanksgiving Day, and Christmas Day.
S 193-4. Routine landscaping and other yard maintenance activities.
http:/ /www.e-codes.generalcode.com/searchresults.asp ?cmd=getdoc&Docld=44&Index=C... 11/8/2006
yeneral Code E-Code: City of Sunny Isles Beach, FL
Page 2 of3
The limitations stated in this chapter shall not apply to any routine landscaping and other yard maintenance
activities. However, the operation of landscaping equipment, including but not limited to lawn mowers, lawn
edges, weed trimmers and blowers, is permitted during the following hours: 7:30 a.m. to 8:00 p.m. Monday
through Sunday.
~ 193-5. Emergencies.
The limitations stated in 9 193-3 of this chapter shall not apply in any situation which requires heavy equipment
or other tools in emergencies to assist or avoid a problem related to health or to safety of persons or property, or
to sewer, water, power, utility, or telephone interruptions.
S 193-6. Waiver.
A. The limitations in 9 193-3 of this chapter may be waived by the City Manager in the case of exceptional
circumstances; provided, however, that no such waiver shall be granted unless the City Manager finds that:
(1) The party seeking the waiver will suffer a unique hardship and/or practical difficulty unless the waiver
is granted;
(2) The granting of a waiver will not cause a substantial or undue adverse impact upon adjacent property
or upon the public health, safety and welfare;
(3) That the activity, operation, or noise will be temporary in duration; and
(4) That no reasonable alternative is available to the party.
B. The City Manager may attach to such waiver all conditions he/she deems necessary to protect the public
health, safety or welfare.
S 193-7. Permits for waiver.
A. Applications for a permit for a waiver from the noise restrictions designated in this chapter on the basis of
undue hardship and/or practical difficulty must be submitted to the City Manager at least 10 days before the
occurrence of the activity relating to the waiver. The application for waiver must contain the basis for the
waiver. The party requesting such waiver shall submit to the City Manager or designee, any required
approvals from the agencies (FDOT, Police Department, etc.) if applicable. In addition, the property owner
or its designee shall notify the abutting property owners within 150 feet of the property in writing of the
extension of the construction time request and shall provide proof of such notification to the City by either
presenting a signed acknowledgment or a return receipt of the certified mail.
B. If granted, the permit shall be in writing and contain all conditions upon which such permit is granted,
including, but not limited to, the duration or equipment limitations.
~ 193-8. Penalties.
Failure to strictly comply with any provisions shall result in the following penalties:
A. First offense: a minimum fine of $10,000.
B. Second offense: a minimum fine of $20,000.
C. Third offense: a stop-work order shall be issued by the City Manager or designee until the violations are
corrected and all fines are paid. Notwithstanding any provision in this section, the stop-work order shall be in
place for a minimum of eight hours.
S 193-9. Manner of enforcement.
A. Violations of this chapter shall be prosecuted in the same manner as other violations of the City Code;
provided, however, that in the event of an initial violation of the provision of this chapter, a written warning
shall be given to the alleged violator to discontinue or to abate such noise condition prior to their being
subject to further enforcement action. Only one warning shall be issued per occurrence. A violation of this
chapter may subject the violator to arrest and/or enforcement as provided under the City Code. The Code
Enforcement Department and the Police Department shall be responsible for enforcing this chapter.
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General Code E-Code: City of Sunny Isles Beach, FL
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Page 3 of3
B. In determining the amount of the fine, if any, the Special Master shall consider the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation;
(3) Any previous violations committed by the violator. Notwithstanding any provisions in this chapter, the
Special Master may reduce the fine imposed pursuant to this chapter if the violator is not a repeated
offender.
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