LTC 304-2006 Capri Construction Project
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MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. 304-2006
LETTER TO COMMISSION
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FROM:
Mayor David Dermer and Members ofthe City Commission
Jorge M. Gonzalez, City Manager ~..r- ~
December 8, 2006 C)
TO:
DATE:
SUBJECT: Capri Construction Project
The purpose of this Letter to Commission (LTC) is in response to complaints received by
several members of the Commission with regard to noise as a result of an extended pour
approval for the Capri Project located between Lincoln Road and 16th Street, encompassing
the street ends of Lincoln Terrace and 16th Street (please see attached site plans).
The Capri Project is a redevelopment project generally consisting of:
* 44,000 sq.ft underground garage (99 parking spaces)
* Renovation of an existing historic 3-story building with 6 units (Building A)
* A new 13-story building with 61 units (Building B).
* A new 6-story building with 5 units (Building C).
* Retail area at street level of buildings Band C
* Replacement of 3 existing docks.
* Lincoln Terrace and 16th Street improvements.
By way of background, and in accordance with City Code, the City routinely authorizes
extended hour concrete pours when necessary. Necessity is determined when the property
owner's engineer and contractor provide technically sound information to the Building Official
that demonstrates the pour needs to be done in order to build the project that has been
approved by the Design Review Board and/or Historic Preservation Board and as permitted
by the appropriate regulatory agencies. In this case, the Design Review Board approved this
development with an underground parking garage, the benefit of which is to avoid a parking
garage pedestal and thereby reducing the corresponding scale of the project.
In addition, the approved development order for this project includes the complete
reconstruction of Lincoln Terrace and 16th Street. This reconstruction includes underground
utilities, sidewalks, parking spaces, landscaping, and concrete pavers as the road surface.
Due to the undersized right of way, the parking spaces are actually on both public and private
property. The property owners of Lincoln Terrace and 16th Street have individually provided
construction easements to the developer and contractor to allow for the construction of the
street improvements and their parking spaces.
The Building Official, once satisfied that the pour is technically necessary, requires the
contractor to notify all adjacent properties well in advance of the pour, including the dates
and times, and the fact that the work will be noisy. This is done in order for the affected
residents to be able to make appropriate arrangements in advance for that time period, if
they choose to do so.
Honorable Mayor and Members of the Commission
December 8, 2006
Page 2
The City's process was followed in this case, and the contractor submitted its request for this
extended pour to the Building Official on November 14, 2006. This special request was
made by G.T. Construction and Development to pour approximately 7,500 cubic yards of
concrete to build the initial mat foundation for the underground parking garage. In
considering the request, the Building Official took into account the considerable challenges in
constructing an underground parking garage that is approximately 1 acre in area and below
the water table. As the parking garage is underwater, in orderto provide the best protection
against water intrusion, it is necessary to construct the concrete mat foundation in a single,
continuous, monolithic concrete pour.
Approval by the Building Official was granted on November 22, 2006, allowing the pour to
commence at 3:00 am on Saturday, December 2, 2006 and run continuously for
approximately 35 hours until Sunday, December 3,2006 at approximately 2:00 pm. In the
approval letter, the Building Official requested that the contractor notify all adjoining
properties of their proposed work schedule. While the City is not authorized under the City
Code to require it, we encourage the contractor to offer the affected residents a hotel
voucher and meal offset. The Building Official usually requires written verification that the
adjacent properties were notified.
On November 16 and November 17, the contractor notified adjacent properties to the
construction site of the proposed extended hours pour. Attached is a map to facilitate the
identification of locations notified, which include:
. 1471 Lincoln Terrace . 1600 Ba~ Road
. 1470 Lincoln Terrace . 141016 Street
. 1451 Lincoln Terrace . 1415 16th Street
. 1450 Lincoln Terrace . 1420 16th Street
. 1431 Lincoln Terrace . 1425 16th Street
. 1430 Lincoln Terrace . 1430 16th Street
. 1620 Bay Road . 1440 16th Street
. 1616 Bay Road . 1450 16th Street
Many of these residents signed the contractor's form acknowledging receipt of the written
notice from the contractor. For those residents that were not home when the contractor
visited them, the written notification, including the relocation offer, was left on their door.
Attached is the contractor's list of properties contacted and signatures.
The contractor offered a hotel voucher for a two night stay, Friday and Saturday, as well as a
Publix debit card to offset meal costs, to all affected residents in these buildings. Over 90
residents from all of the noticed buildings accepted the hotel voucher and meal card. Also
attached is the contractor's list of residents who accepted these accommodations at either
the Best Western or the Atlantic Ocean Hotel. The contractor also hired Miami Beach off-
duty police officers as well as private security to assist with traffic control issues.
The contractor was able to finish the pour in less than the approved 35 hours, as they had
finished their work and cleaned the site by 8 am on Sunday, December 3, 2006.
In the coming weeks, most likely following the end of year holidays, the contractor will need
Honorable Mayor and Members of the Commission
December 8, 2006
Page 3
to install a second monolithic structural foundation on top of the one poured on December 2nd
and 3rd. This second concrete pour is anticipated to last between 35 and 40 hours.
Following this installation, the contractor anticipates the need to request extended hours
permits for smaller structural mat foundations that typically take about 14 to 15 hours to pour.
The contractor and developer have agreed to widen the area to which notice is provided in
order to include additional buildings from which the City received complaints. For the 35 to
40 hour pour, the residents of these buildings will also be offered hotel vouchers and meal
vouchers during the two day period of the pour. The contractor will notice the affected
properties at least 10 days in advance.
Many of you also received complaints about this project regarding extended work that is
unrelated to the extended pour permitted for December 2nd and 3rd. On November 22, 2006,
the contractor experienced the failure of a concrete pump during a routine concrete pour. If
the pump had not failed, the pour could have been completed during the regular work day.
However, due to this equipment failure, the Building Department authorized the contractor
two extended work hours on that day since the pour, once in progress, could not stop. The
contractor was not able to finish the pour by the 8:00 PM deadline established by Building
and was issued 6 citations for violating the City's noise ordinance.
Please let me know if I can provide you with any additional information regarding this issue.
C: Tim Hemstreet, Assistant City Manager
Hilda M. Fernandez, Assistant City Manager
Tom Velazquez, Building Director
Atta~ts
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Hotels - Schools - Design Built!- Histork Restoration - Construction Management
General Contractor
November 14,2006
Tom Velazquez, Building Official
City of Miami Beach
Re: Capri Tremie Slab Pour
Dear Tom,
As we discussed previously, we have firmed up our date of our tremie slab pour of
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uecemoer 2 .
The pour will be approximately 7,500 yards and will start at 3 :00 am Saturday morning,
12/2/06, and run continuously for approximately 35 hours until the pour is completed on
Sunday 12/3/06 at approximately 2:00 pm.
Police and Security
We will be providing Miami Beach police at 16th Street and Lincoln Terrace during the
concrete pour for traffic concerns. We will also be providing private security for traffic
control to make sure everything runs smoothly.
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Notification of Residents
In addition, we will notify all residents on 16th Street and Lincoln Terrace of the time
frame of the pour which will be the same hours as shown above. See sample letter
enclosed.
In conclusion, please let us know if there is anything else we need to do to satisfy any
other requirements you may have.
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Sincerely,
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Vice President
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General Contractor
Hotels. Schools. Design Build · His/oric Restoration · Construction Management
To the Residents of Lincoln Terrace and 16th Street
Dear Resident,
The Capri Project is taking steps to complete the project at the end of your respective
street in a timely basis
To that end, we are making a major concrete pour which will start on Saturday,
December 2, 2006 at 3 :00 am and run through Sunday, December 3, 2006 until
approximately 2:00 pm.
We apologize for any inconvenience this may cause you. However, we would like to
offer you a hotel voucher for a 2-night stay so you will not be inconvenienced by noise,
etc.
The hotel vouchers will be available for pick up beginning Monday, November 2ih
through Thursday, November 30th at our Construction Office located at 1491 Lincoln
Terrace. Our phone number is 305-531-4744.
In addition, we will be providing police security at the end of each street to help facilitate
any traffic problems during this pour.
We believe and hope that the improvements and streetscape that will be a result of the
Capri Project will help beautify and enhance your neighborhood and we look forward to
being partners in this endeavor.
() Sincerely,
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Vice President
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MIAMI BEACH
City of M iam i Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
BUILDING DEPARTMENT Administration Division
Tel: 305-673-7610 Fax: 305-535-7513
November 22, 2006
G. T. Construction and Development
c/o Ken Nichols, Vice President
400 S. State Rd 7.
Plantation, FL 33317-4043
RE: 3737 Collins Ave. Capri
Ken Nichols:
Thank you for your letter dated 11-14-06, requesting a temporary permit for an early pour.
Regarding your present request, I will permit the "extended work hours" scheduled as follows:
This pour will be approximately 7,500 cyds and will start at 3:00 am on
Saturday, December 2, 006 and run continuously for approximately 35 hours
until the pour is completed on Sunday, December 3,2005 at approximately
2:00 pm.
In the event that complaints are received, we will need to revisit the matter.
Please notify all adjoining properties of your proposed work schedule.
As always, we request that proper consideration be addressed regarding negative impacts to the
neighboring properties.
Sincerely,
~~
Director
tvelazquez@miamibeachfl.gov
cc: Code Compliance Division of Neighborhood Services Dept.
Donald Delucca, Chief of Police
Jorge M. Gonzalez, City Manager
FAX - 7012
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F:\BUll\$All\EARlY POUR REQUESTS\2006\CAPRI\CAPRI 11-1 0-06.doc
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GT CONSTRUCTION AND DEVELOPMENT
Project: CAPRI
Project No: 04-279
Number TENANT'S NAME
1 Oscar Torres
2 Danella Seafore
3 Daniel La Gamma
----4---... .fl~ro Taveras Jr
5 Vietor Hugo Michel
6 Samson Cheng
_I".. .._ ~athan Eatop
8 Mclat Harris
9 David Kurtzman
10 Alexander Cabrera
11 Leslie Aronson
12 ,g.~fTIentina I Heredla..........-
13 Dragoslav Milic
14 Jonathan Flexman
15 Robin _~~11~~~ ....
16 Christian Marin Wife
17 Kathie Weakley roommate.".
18 ~uadalupe Hernandez Ricardo Farinas _.
19 Angelica Cadena Kenneth T~I~~....._ _...
?O r.~rolin~ 8~rl;l Christian D. Nielson
21 Marla"Cabrera Carlos Cabrera
22 Mark A. Gibbs. Ry Doolittle
23 Tarita Noronha Anlla FarKas
24 Jason Holmes Stapleton Paola Stapieton' .. -
25 Francisco GonzaleZ"~'.-'.' ... ..~... ..;.r:nma LateQna
26 Eric Tomlinson Wife
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27 A1!~e~.~S3u~ierrez Dulce Gutierrez
28 L.i1iana Ortiz Wilson
29 Joana Paranhos A1?rian
30 Rosio Garcia Paula
J1 fve;yn Cortese
32 Victor M Sanchez
33 A1eiandro O~~.~guren
34 G.~rald T. McDonald
__.. 35 Gerald T. McDonald
36 Karel Cernooh
37 Susan Janeth Sanchez Roias
36 Omar Rosales
39 Gellert Czano
40 Maria ViCtoria Sanchez
41 Matthew n~t~.r...~es!;ina
42 Isaac enriQue Martinez
43 Gustaf Arnoldsson
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44 Larry. ~_~.l:'!.~~~ Martin
45 Myrna Douzig
TENANTS NAME
Daniel Alaniz
Damian YV~t.~ings. __.___._
Delia La Gamma
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Marie Valens
Jorge Saba
Jason Cashger
Dario AlmafZa
Heather Doering
Lilian
Wife
Julie Ryaii--.".' ...
Daughter'
Wife
Wife
Michelle Oyanguren
Cduardo _b.:. Rl?.L~$
Victor
Wife
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TENANT'S NAME
Daughter
Daughter
Son
son
Fionna Nielson
Christopher Cabrera
Helen Cole
Daughter
Eric
Pizelman
Daughter
Dauahter
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Room List
Date Revised: 12/1/2006
TENANT'S NAME
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Page 1 of2
Mejia, Dolores
From:
Sent:
To:
Tom Thielen [tthielen@bellsouth.net]
Sunday, December 03,200610:40 AM
Dermer, David; Bower, Matti H.; Cruz, Simon; luis@miamibeachfl.gov; Gross, Saul; Libbin, Jerry;
Steinberg, Richard; City Manager's mailbox
Subject: EXCESSIVE NOISE COMPLAINT
Dear Mayor Dermer, City Manager Gonzalez and City Commissioners,
I am writing to register an official complaint and to express my extreme anger and utter outrage that a City
building official, namely Tom Velasquez, authorized an extended hours permit allowing construction work and the
operation of noisy heavy equipment to go on for 24 hours a day for at least the past two days in a completely
residential neighborhood. I'm referring to the construction project between 16th Street and Lincoln Terrace west of
Bay Road.
I am a resident and property owner at Bay Point East Condominium at 1605 Bay Road, Unit 202. My unit faces
Bay Road and overlooks the corner of 16th Street and Bay Road. I've lived in this neighborhood since 1998 and
have endured the inconveniences and minor annoyances of other major construction projects that have improved
the area. But the constant noise and traffic of large trucks and heavy construction equipment throughout
the day and night since last Friday has become unbearable, unacceptable and must be stopped.
I, and I'm sure many of my neighbors, have lost two nights of sleep due to the constant drone of the never-ending
parade of heavy cement trucks and other equipment, the incessant beeping of each truck's warning signal as they
back down 16th Street to the construction site, the continual whine and whir of a street cleaner passing by like
clockwork every 10-12 minutes, the occasional blast from a truck's air horn right outside my bedroom window and
the persistent shouting of construction workers who are barking orders or just trying to be heard over the noise.
It's one thing to be awakened at 5:30 or 6 AM nearly every day by noise from the various construction projects
that have been going on in the neighborhood for months now, including the recent street improvements, but it's
quite another to be kept awake throughout the night when that noise goes on and on into early morning hours. I
finally gave up on trying to sleep this morning at 3 AM and tried watching television for a distraction. I had to
constantly adjust the volume to hear the sound over the noise outside my windows.
Again, I say, it is unacceptable that the City would allow a developer to operate at such hours in a totally
residential neighborhood disrupting the lives and nightly sleep of its residents.
No notice of any kind was sent to the residents in my building informing us this work was going to take place
overnight. However, I understand the developer offered complimentary hotel stays for the residents on 16th Street
and Lincoln Terrace west of Bay Road. Perhaps that was a requirement for obtaining the work permit. No such
offer was made to the residents of my building who were equally disturbed and affected by the noise. I suppose-
the developer or Mr. Velasquez, who approved the permit, didn't consider or didn't care that the brilliant glare of
the work lights and the excessive noise would also be a bother to us. Whichever the case, they were wrong!
As a tax-paying citizen of the City of Miami Beach, I urge you in the strongest possible sense to put an immediate
stop to this and not allow Mr. Velasquez or the Building Department to issue extended overnight hours permits for
construction work in any residential neighborhood in the city that is not of an emergency nature. This should
certainly fall under the City's noise and code compliance laws, and the City should not issue such permits with
little or no regard for ALL of the residents who might be affected by such action.
I thank you for your time and for taking my complaint and request seriously. I would greatly appreciate a response
acknowledging that you received this message.
Sincerely,
Tom Thielen
1605 Bay Road #202
12/4/2006
Page 2 of2
Miami Beach, FL 33139
305-604-6009 home
305-505-1249 cell
12/4/2006
Page 1 of 1
Mejia, Dolores
From: Arthur Marcus [marcus_a@bellsouth.net]
Sent: Sunday, December 03,20069:18 AM
To: Velazquez, Thomas; Gross, Saul; Bower, Matti H.
Cc: Bernstein, Lynn; Greg Anderson; David Framberger; Sarah Lenett
Subject: Capri Construction
I live at 1450 Lincoln Road - directly adjacent to the future Capri condominiums. For the past two nights the crews
at the Capri construction site at Lincoln Terrace and the Bay have been working ALL THROUGH THE NIGHT to
pour concrete for the foundations. This work began sometime around 3:00AM on Saturday morning and lasted all
day on Saturday and then continued well into the early morning hours of Sunday. I finally fell asleep with earplugs
on so I do not know when the noise stopped.
I realize that a special permit is required for work such as this. Yet how is a permit authorized for such noisy work
when such work is occurring during normal 'sleep' time for most people? And the scores of concrete trucks
rumbling through the neighborhood with their back-up 'beep - beep - beep' noises make sleep almost impossible.
And why are the hundreds of neighbors who surround this site in neighboring highrises NOT given any notice of
such work? Although the construction managers for the Capri did notify the Lincoln West Neighborhood
Association that a sixteen hour period would be required for the concrete pour - they specifically did not mention
that it would occur over two nights, nor that it would start at 3:00AM in the morning. And this work took far longer
than sixteen hours.
How do special permits like this actually happen?
We all realize that shoehoming a fourteen story building into a tight building site in the middle of a congested
urban neighborhood such as this is certainly a tough proposition. What else is anticipated during the Capri
construction that will have such a negative impact on the surrounding neighborhood? And what happens if there
is a true fire or police emergency on these two dead-end streets of Lincoln Terrace and 16th Street, where the
only access for emergency vehicles is to back in from Bay Road? How do you back-in past twenty concrete
mixers???
Arthur Marcus
for the
Lincoln West Neighborhood Association
12/4/2006
!!jia, Dolores
Subject:
Dan Sanchez [dan_a_sanchez@hotmail.com]
Sunday, December 03, 2006 2:09 PM
Dermer, David; Bower, Matti H.; Cruz, Simon; luis@miamibeachfl.gov; Gross, Saul; Libbin,
Jerry; Steinberg, Richard
Noise and visual light disturbance on Bay Road
From:
Sent:
To:
Dear elected public officials,
I live on 1620 Bay Road and it has become increasingly difficult to maintain my usual
living arrangements in my home due to the recent construction project going on accross the
street from me.
The noise has been unbearable inside my apartment. I cannot sleep well due to the noises
and have to close all my windows and balcony doors in order to be able to listen to myself
in my apartment. The need to close my windows and balcony door also forces me to have to
rely on using my air conditioner in order to maintain a comfortable temperature inside my
home. Why is my living situation as well as financial situation being compromised due to
a construction site near me?
I ask that ammendments be made in order to rectify this situation. I look forward to
hearing any solutions you may be able to offer.
Sincerely,
Dan Sanchez
352-478-9482
1620 Bay Road APT 303
Get the latest Windows Live Messenger 8.1 Beta version. Join now.
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1
Page 1 of 1
Mejia, Dolores
From: TRooks9307@aol.com
Sent: Saturday, December 02,20062:47 PM
To: Dermer, David
Cc: Bower, Matti H.; luis@miamibeachfl.gov; Steinberg, Richard; Libbin, Jerry; Gross, Saul
Subject: Construction of the Capri between 16th and Lincoln on Bay Road
Mayor Dermer,
Saturday 12/2/06
This e-mail is to formally complain about the day and time limits of permits for the construction of the Capri. The
developers continually breaks the time rules for starting and ending. And lately has been given extension of
time by the building department which are disruptive to every neighbor in the area.
This weekend they were given permission by Tom Valezquez (extension 4589) to pour concrete and work
starting at 3:00 a.m. on Saturday moming throughout the weekend. This is unacceptable. No one can sleep
due to the noise of the trucks, workers yelling to each other to direct trucks and the flood lights shining in our
places. When I called code complaince last night at 3:30 a.m. the supervisor was very sympathetic and said
this only the beginning of the project so we better call and make ourselves heard if we want a change in how
they are getting away with this. I don't think Tom Valezquez would approve this in his neighborhood.
Not to mention the dust and dirt caused by this project makes it impossible to open your windows for health and
cleanliness reasons.
And of this is happening right after the City is finishing up the improvement project. I can tell you that all of
those cement and dump trucks are trashing the street.
This situation is truly getting out of hand. What do we have to do as a neighborhood to make sure they work
within reasonable hours? I am so tired of construction on the beach...first was the Grand Flamingo, then the
high rise on the S.E. corner of Bay and 16th and now this. But this one is the worst by far. Code Compliance is
out here constantly. In fact on the evening prior to Thanksgiving they worked 4 hours past the time - all code
compliance could do is fine them every 30 minutes.
Thank you,
Tim Rooks
1605 Bay Road #501
Miami Beach, FI. 33139
305-724-7270
12/4/2006
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General Contractor
Hotels - S(hools - Design Built!- Histork Restoration - Construction Management
December 7, 2006
Mr. Tom Velazquez, Building Official
City of Miami Beach, FL
RE: Capri Foundation Completion
Dear Tom,
The following is a summary of the tentative schedule to complete the Capri foundation
work: '
Building C elevator pit tremie
Quantity: Estimated 400cy
Date and time: Monday 12/11/06 between 8am- 6pm.
Building C tremie mat
Estimated 1,600cy
Pumping rate 150cy per hour
Estimated duration: 14.5 hours-
1 hour for Setup
10.5 hours for Pour
3 hours for Cleaning
Tentative dates and time:
Option 1: Saturday 12/16/06 between 8am-l0:30pm (14.5hrs)
Option 2: Tuesday 12/19/09 between 6am-l0:30pm (16.5hrs), due to
possible traffic delays.
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Structural Mat
Due to the nature of this structure under the water table, a continuous concrete pour is the
only way to eliminate leaks and failure of structural slab through leaking. We can only
achieve this continuous concrete pour during a weekend due to increased weekday traffic
and large amount of concrete trucks required to travel to Miami Beach.
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Estimated 6,800cy
Pumping rate 250cy per hour
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(854) 584-3060 (.) Fax: (854) 584-0880
vvvvvv. gtrncdonald. corn
400 S. State Rd. 7 0 Plantation. FL 3331 7-4043
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General Contractor
Hotels - S(hools - Design Built!- Histork Restoration - Construction Management
Estimated duration: 38 hours- 2 hour for Setup
28 hours for Pour
8 hours for Finish & Cleaning
Tentative dates and time: Start at 3am Saturday 01106107
to 5pm Sunday 01/07/07
If you have any questions please call me at (954) 650-0020.
Sincerely,
Jerry ~cDonald
President
G.T. Construction & Development, Inc
Cc: Mark Siffin (MaeCapri)
Allen Smith (MaeCapri)
Laurent Lefebvre (Nicholson Construction)
Gary Fayer (Baker Concrete)
Kobi Karp (KKAID)
Eugene Crosby (Gopman Consulting)
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[854) 584-3060 (.) Fax: [854) 584-0880
vvvvvv. gtrncdonald. corn
400 S. State Rd. 7 (.) Plantation, FL 33317-4043