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HomeMy WebLinkAboutR-99-0152c J-99-204(b) 2/23/99 RESOLUTION NO. 9 9 - 15 2 A RESOLUTION GRANTING THE APPEAL OF DAVID W. SWETLAND, AFFIRMING AND MODIFYING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH APPROVED, WITH CONDITIONS, A CERTIFICATE OF APPROVAL FOR THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE, INVOLVING TREE MAINTENANCE AND/OR REMOVAL, FOR THE PROPERTY LOCATED AT 3190 MUNROE DRIVE, MIAMI, FLORIDA. WHEREAS, the Historic and Environmental Preservation Board ("HEPB") at its meeting of January 19, 1999, following an advertised public hearing, adopted Resolution No. HEPB-99-1, which approved, with conditions, a Certificate of Approval for the construction of a single family residence, involving tree removal, for the property located at 3190 Munroe Drive, Miami, Florida, after finding that the proposed tree removal complies with the criteria for tree removal in Chapter 17 of the Code of the City of Miami, Florida, as amended; and WHEREAS, pursuant to Section 17-40(b) of the Code of the City of Miami, Florida, as amended, an appeal to the City Commission has been taken by David W. Swetland, on the grounds stated in his Notice of Appeal, filed January 29, 1999, which included a request to delete the tree removal condition set forth by the Historic and Environmental Preservation Board, and to erry CONMSSZON MEETING OF FEB 2 3 1999 Resolution No. 99- 152 revise said conditions; and WHEREAS, the City Commission after careful consideration of this matter finds that the stated grounds for the appeal and the facts presented in support thereof justify modifying the decision of the Historic and Environmental Preservation Board; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Commission hereby affirms and modifies the decision of the Historic and Environmental Preservation Board (Resolution No. HEPB-99-1, adopted January 19, 1999), which approved, with conditions, a Certificate of Approval for the construction of a single family residence, involving tree removal, for the property located at 3190 Munroe Drive, Miami, Florida, and grants the appeal giving rise to this hearing. Resolution No. HEPB-99-1 is hereby modified as follows: All tropical almond trees on the property, except the two stands of mature trees located at or across the property lines, shall be removed. The property shall be maintained to ensure that no additional almond trees be allowed to grow, and the two remaining two stands shall also be removed at such time 2 - 99- 152 in the future as a comparable tree canopy has been established on the property. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.1/ PASSED AND ADOPTED this 23rd day of February 1999. ATTEST: WALTER J. FOEMAN CITY CLERK 266:YMT:BSS:csk JOE CAROLLO, MAYOR In aocordance with Miami Code Sec. 2.36, since the Mayor did not Indicate approval of ft legislation by signing it in the designated place provided, oal d legislation no j becomes effective with the elapse often (10) day from the date of Commission acticr: _regarding same, without the Mayor axe r e_to Walt an, City Clerk CORRECTNESS:6 If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission - 3 - 99- 152 CITY OF MIAMI, FLORIDA PZ-2 INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM: La(V*aW.h.. City Manager RECOMMENDATION: DATE: February 16, 1999 FILE: SUBJECT: Appeal of Decision of the Historic and Environmental Preservation Board: REFERENCES: 3190 Munroe Drive ENCLOSURES: City Commission Meeting of February 23, 1999 It is respectfully recommended that the City Commission deny the appeal of David W.Swetland and affirm the decision of the Historic and Environmental Preservation Board, which approved, with conditions, a Certificate of Approval for the construction of a single family residence, involving tree removal, for the property located at 3190 Munroe Drive. BACKGROUND: On January 19, 1999, the Historic and Environmental Preservation (HEP) Board considered an application for a Certificate of Approval for the construction of a single family residence requiring the removal of three tropical almond trees at 3190 Munroe Drive. TheHEP Board approved the construction of the new residence and the proposed tree removal, but required as a condition that all of the tropical almond trees on the lot be removed. The tropical almond tree is a controlled species in Miami -Dade County and cannot be planted within 500 feet of native plant communities because this tree is known to invade hammock areas. Because of the close proximity of the subject property to the Barnacle, Cloisters on the Bay and adjacent native hammocks, the tropical almond trees on the subject property are a potential seed source and have the potential to disrupt these neighboring hammock communities. It was for this reason that the Preservation Officer recommended and the HEP Board required that all tropical almond trees on the site be removed. On January 29, 1999, an appeal of the HEP Board's decision was filed by the original developer and current owner of properties in Camp Biscayne. The appeal requests that the condition concerning tree removal be revised to state that the two stands of mature almond trees along the property lines be preserved until such time as newly planted trees can reach a comparable canopy. The appellant has also proposed that the property be maintained so that no new almond trees be allowed to grow. These proposed conditions, however, are not realistic and do not address the concerns of the Board. First, new trees cannot reach a comparable canopy in such a small area as long as the existing trees remain. Second, although the owner may be able to control the growth of new almond trees on his property, he cannot prevent seeds from spreading to the neighboring hammock communities and taking root. DHWA: : :see 5 9 - 152 .2 HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FACT SHEET ADDRESS 3190 Munroe Drive PROJECT DESCRIPTION Application for a Certificate of Approval for the construction of a single family residence, involving tree removal, within Environmental Preservation District #46-6. ANALYSIS This application calls for the construction of a new single family residence in Camp Biscayne along Main Highway. The house has been designed to incorporate a large ficus tree which lends the site its character. Only tropical almond trees are proposed for removal. This is a controlled species in Miami -Dade County and cannot be planted within 500 feet of native plant communities. Because the subject property is located so close to the Barnacle and other native hammock communities, all tropical almond trees on the site, in fact, should be removed. RECOMMENDATION The Preservation Officer recommends that the application for a Certificate of Approval be approved, subject to the following condition, because the proposed tree removal complies with the criteria for tree removal in Chapter 17 of the Miami City Code. 1. Site plan shall be corrected to be consistent with landscape plan and to reflect the actual disposition of the trees. 2. All tropical almond trees on the property shall be removed Item #1 January 19, 1999 tj 152 BAKER & MPKENZIE EuRom Asu ATTORNEYS AT LAW NoR1'Nmv Utwa EAsr PACIFIC Som Awwu AMSTERDAM MILAN ALMATV 1200 BRICKELL AVENUE BOGOTA MEXICO CITY SAN rRANCISCO BAgCCLONA MOSCOW BAKU BCRLIN MUNICH BANGKOK 19TH FLOOR BRASILIA BUENOS AIRES MIAMI MONTERREY SANTIAGO 'SAO PAULO BRUSSELS PARIS BEIJING BUDAPEST ' PRAGUE HANOI MIAMI, FLORIDA 33131 CARACAS CHICAGO NEW YORK PALO ALTO TIJUANA TORONTO CAIRO RIYADH NO CHI MINN CITY rMANKFURT ROME HONG KONG TELEPHONE 13051 789-8900 DALLAS HOUSTON RIO OC JAMEIRO VALENCIA SAN DIEGO WASHINGTON. DC, GENEVA ST. PCTCRSBURG HSINCHU JUAREZ KIEV STOCKHOLM MANILA FACSIMILE 13081 789-8953 LAUSANNE WARSAW MELBOURNE LONDON EURICH SINGAPORE MADRID SYDNEY TAtPCI TOKYO ANTHONY J. O•DONNE A. JR. 8n#".O'dWn04Mk~.=n (305) 7838918 January 29, 1999 VIA HAND DEILIVERY City Manager City of Miami � C— 444 Southwest 2nd Avenue Miami, Florida 33130 Re: NOTICE OF APPEAL OF DECISION 1 OF THE HISTORIC AND ENVIRONMENTAL c;? PRESERVATION BOARD �o Dear Mr. Manager: This notice of appeal is filed on behalf of David W. Swetland, a citizen of the City of Miami and the owner and developer of the Camp Biscayne residential community in Coconut Grove. Pursuant to Section 17-40(b), Miami Code, Mr. Swetland appeals the decision of the City's Historic and Environmental Preservation Board on Item #1 of its meeting of January 19, 1999, to impose a tree removal condition on its Certificate of Approval for the construction of a single family residence located at 3190 Munroe Drive. A copy of the report and recommendation of the Preservation Officer for this certificate is attached hereto. Mr. Swetland's appeal is limited to the Preservation Officer's recommendation number 2 which was imposed by the Board and states as follows: 4L2. All tropical almond trees on the property shall be removed." There are two stands of mature almond trees on the property which should be exempt from this removal requirement. The first tree is located only partially on the property and partially off the property. This tree and the other stand of trees located at the front property line, provide an important natural, mature tree canopy for the property and for adjoining residential properties in Camp Biscayne. These trees should be preserved for aesthetic and environmental reasons until Or BARER & MVICENzIE City Manager January 29, 1999 Page 2 such time as newly planted trees can grow and mature for replacement canopy. To do otherwise, would simply denude the property of significant tree canopy for no purpose. Propagation of additional almond trees will be prevented by maintenance and removal. The owner has already removed all other almond trees from the property and will ensure that no additional almond trees will be allowed to grow there. Accordingly, Mr. Swetland requests the City Commission to delete the above tree removal condition and to revise it to state as follows: 2. All tropical almond trees on the property, except the two stands of mature trees located at or across the property lines, shall be removed and the property shall be maintained to ensure that no additional almond trees be allowed to grow. The remaining two stands of almond trees shall also be removed at such time in the future as a comparable tree canopy has been established on the property. We trust this appeal will be granted by the City Commission. Respectfully submitted, Anthony J. O'Do nell, Jr. ,f Attorney for David W. Swetland Enclosures cc: City Clerk (w/ encl.) Preservation Officer (w/ encl.) Hearing Boards Office ( w/ encl.) ::ODM"CDOCSW U000S 176186/1 RESOLUTION NO, HEPB-99-1 A RESOLUTION APPROVING AN APPLICATION FOR A CERTIFICATE OF APPROVAL FOR THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE, INVOLVING TREE REMOVAL, FOR THE PROPERTY LOCATED AT 3190 MUNROE DRIVE, SUBJECT TO THE FOLLOWING CONDITIONS: I. SITE PLAN SHALL BE CORRECTED TO BE CONSISTENT WITH LANDSCAPE PLAN AND TO REFLECT THE ACTUAL DISPOSITION OF THE TREES; 2. ALL TROPICAL ALMOND TREES ON THE PROPERTY SHALL BE REMOVED; AFTER FINDING THAT THE PROPOSED TREE REMOVAL COMPLIES WITH THE CRITERIA FOR TREE REMOVAL IN CHAPTER 17 OF THE MIAMI CITY CODE. PASSED AND ADOPTED THIS 19.. DAY OF JANUARY, 1999. PRESERVATION OFFICER CHAIRMAN 99- 152 CA' FOR- --- CERTIFICATE OF APPROVAL ENVIRONMENTAL PRESERVATION DISTRICT ADD°FSS nG ennnrr l U �----� v u u u L .0 U l:. HERITAGE CONSERVATION BOARD _.... 3! LEGAL DESCRIPTION QO MUNR0F EPD NO. 20NINC• CLASSIFICATION OWNER'S NAME OWNER'S ADDRESS OWNER'S TELEPHONE cos - 660- 64.41 APPLICANT'S NAME (IF OTHER THAN OWNER) , f APPLICANT'S ADDRESS V APPLICANT'S TELEPHONE APPLICANT'e on . DESCRIRF Tree een........._ C:I VF RFeen.rr __ IU O41NER — — U^ IRF_ES OR ALTERATION OF ANY OTHER NATUP.AL FEATURES OF THE SITE q4�)6 1%-e 0 C'tzd 00c -�WAFA- 1--e ,fit. • �s�� s uQ v� % - 7.t �8 %r•?��-� .* `9- 152 f ., - EXPLAIN ANY 11THER "ti I . ,.. SPECIAL EXCEPTION, VARIANCE. ZONING CHANGE. ETC. UkDERtAkE THIS ,JjECT, SUCH AS SPECIAL PERt1ITS, N. A LIST ALL EYtcytm� IMATE HEIGHT AN rKurusED TO BE DESTROYED. INCLUDING NUMBER, NAM D SPREAD. IF THE TREE IS PROPOSED TO BE DESTROYED FOR EREASONKOTHERETHAN FERENCE WITH NEW CONSTRUCTION. PLEASE NOTE. A (p rmuvrw 3o" o 3da rRP x- h(lc? C-alloPv LIST ALL EXterTur A1.MoN0 iREra ALMOND 066E 8 ,30 F%.----_._rs 50 FT ---- z ® F 7 AP°RCx- INTER- IMATE HEIGHT AND SPREAD.r'-curUSED TO Be RELOCATED, INCLUDING NUMBER. NAME. TRUCK DIAMETER. APPROx- LIST ALL NEW TREES PROPOSED TO BE PLANTED ON THE SITE, INCLUDING- NUMBER, NAl1E, TRUCK DIAMETER APPROXIMATE HEIGHT AND SPREAD. LIST OTHER SIGNIFICANT PROPOSED LANDSCAPE IMPROVEMENTS. 'TH 9 PRO PS RT Y lfA-s A ea � R u-N T- Sc{ R V E y Tit �-S E� f f67 f 8,� OP .4PPx.: 06 Grp . /`lpPe� odd Tyr �,4 CA"010Y C6NV44JXVA.y r'� ��� Ti4iL PASS o 10,44.00l-fS � REIi e7w o OP-owpiov4s o�= Qi�c'd � oZ' �Z �� PA�tS� '►�1 � 30� 9, e4evmoT- TR�C wiTi�c e4��c. Z C4ivoPy IZ-00 !� off. p04� Ta�c�� .� �Yti� 'f� OAlee 7Z4,6 600d 6 vl . Q B- / • �Go cv�i2 S I CERTIFY Tn T�� ATTACHMENTS ARE-TuGE'g01. ND MY KKNO EDGE AND BELIEF THAT ALL INFOR'�ATION 7-- -: / IN THIS APPLICATION AND ITS SIGNATURE OF PP,ppERTY OWNER SIGNATURE OF qpp ti"iA . LICANT (IF OTHER THAN OWNER) FOP STAFF USE ONLY: DATE COMPLETED APPLICATION RECEIVED ❑ STANDARD CERTIFICATE OF APPROVAL ❑ SPECIAL CERTIFICATE OF APPROVAL DATE n/ d DATE SITE INSPECTION HEAPING DATE -1 NAB er T,n.. bL111/1999 16:cp 3e5cI61970 I NT ' L TI?aLiE BC)AFP c)n,3E p J AFFIDAVIT STATE OF FLORIDA 1 COUNTY OF MIAMI-DADE ) SS Before me, the undersigned authority, this day personally appeared Felice F . Murgo who being by me first duly sworn, upon oath, deposes and says: I. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Zoning Ordinance of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this at�idavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for hirrVher to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses. telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative 4. The facts as represented in the application and documents submitted in coniunetion w1rh rhie , and correct. tee Further Afftanr sayeth not. c J STATE OF FLORIDA Applicant's Signature COUNTY OF MIANII-DARE 93e foregoing insetrment was acknowledged before me this 1 2th by day of February 19 Produced Dr M620 2 6 41 333. 0 who is personally known to me or who has as idenr_ifi ation and who did did no, // ') take an oath. Name: -.State of Florida Notary Public Commission No.: My Commission Expires- �..� Marbella Murgo * *My commission CC796169 Expires December 9, 2t>42 Sq- l52 �D C AFFIDAVIT STATE OF FLORIDA } } SS COUNTY OF MIAMI-DADE } Before me, the undersigned authority, this day personally appeared Marbella Murgo who being by me first duly sworn, upon oath, deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Zoning Ordinance of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. STATE OF FLORIDA AP s Signa COUNTY OF MIAMI-DADE The foregoing instrument was acknow edged before me this 16 day of 19_� L, by a who ' produced , J who has �' 6�- as identification and who did (did not) take an oath. Name: 1?4' Notary Public -State of Flo Commission No.: MARTA E. DIAZ My Commission Expires: Notary Public - State of Fiortdc My Commission En ices Oct 29, -M2 Commission # CC786872 zw a ax•,wlnsb'[4IRE 02/12/1999 16:40 3054161970 INTI TRADE BOARD PAGE 01 Ur OWNER'S LIST Owner's Name FELICE F. MURGO anr3 MAR$ i r A M MURCiO h' G wife Mailing Address 1723 Tigertail Avenue, Miami, Florida Zip Code 33133 Telephone Number (305) 860-6441 Legal Description: or plat Lots 27 and, thereof 28, Biscayne Cam m map _as recorded 34n Plat BookC107,1iPa'jeo49,le Public Records, Dade County, Florida Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code, Telephone Number LeO Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address N/A Legal Description Street Address Legal Description Street Address Legal Description �J- Ia"2 DISCLOStTRE OF (71 OWNERSHIP i. Legal description and street address of subject real property: Lots 27 and 28 Biscayne Camp (107-49) 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code o Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject City mof atter Presentation, request or petition to the City Commission. Accordingly, breo matter of a shareholders of corporations, beneficiaries of trusts, and/or any other in question #2 requires disclosure of and proportionate interest. parties, together with their addresses Felice Murgo and Marbella Murgo 100% 3. Legal description and street address of any real property, (a) owned b an (b) located within 375 feet of the subject real property, y y party listed in answer to question #2, and None r-- G wner or -Attorney for • r STATE OF FLORIDA COUNTY OF MIANff-DADE The forego instrument was acknowledged before me this �� `='' 19�, by 7- e./i G �. /�'7v/` �, day of produced ,4 Sao who is personally kno�to�Owh�, o_has 3�3 o as identification and who did (did not) take an oath, Name: Notary Public -State of Florida Commission No.: My Commission Expires: nz �. +� DISCLOSURE OF OWNERSHIP 1- Legal description and street address of subject real property: Lots 27 and 28, Biscayne Camp (107-49) 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Felice Murgo and Marbella Murgo 100% 3. Legal description and street address of any real property, (a) owned b an (b) located within 375 feet of the subject real property. y y party listed in answer to question #2, and None �i fI /,' g, �,_ •rAr.6• ��*.�� STATE OF FLORIDA COUNTY OF MIAMI-DADS 19,The foregoing instrumep was a know! dged before me this �— � by �S o day of � produced who is personally known to me or w o has ��P^*ification and who did (did not) take an oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: OFr?C;AL ; CC'rARY ScA. MARLA :SABEL �£YEs YY PUBL:C 5; ATE CF p f !I: n CO-XIMISSiOIN NO. CC55G y; `dUOi1MI 10'.�E n I X AP.21 IC ��)-- a'9 ,4 OCCD umma'twow�e . RAMCO roll, Ot This Warranty Drrd ltrnde the David W. Swetland and Jean Thorms Swetland a�hi.swifeerrber lu 98 b,• hereinafter called the p Felice F. Murgo randrMubella M. M=go, his wife 1 whose Postoffic'e address is hereinafter called the grantee: f Whert,xr uwd herein the term, • aramur" and "erantra" include all the ,he hein, Ired hVmenuutn and auirm of indi"duah. and ,he wrernnn and I- th of 1, itnrsseth: T Vartir, to thn m,r„mrn, and Thai AP grantor. /or and in consideration of lltr sum of ren,avnn,t valuable considerations. Cones, and u,hrreo/ is lteroby aeknotvb-dned. hereby grants, bnrpains. sell, aliens, re. oun releases, conveys and con/frets unto the grantee. alf that certain land situate in and other County, Florida, viz; BISCAyW a"Its reCOfdea 'pla Book 107�at according to the ukp or plat thereof Florida. , Public Records of Dade County, Subject 70: 1. Restrictions, ccmditions Restrict - on the plat of Biscayne ,reservations, easements and other matters contained Records, Dade County, Florida recorded in Plat Book 107, Page 49, Public 2• Declaration of Protective Coverts, Conditions, Restrictions and Easements recorded in ORB 10028, p , Public Records, Dade Countr amendments thereto �i 14 Of Protective ,including, without limit, First �ndmentFto Declaration and County, County, Florida, and al recorded in ORB 16240, Page 3952, Public Records, Dade and all matters appearing of record. 3 ]ID9rtrrfor itslsuccessors and assigns covenants as described on wullt a the tenements, hereditaments and a Exhibit A at wise apperlaining. described thereto belonging To Rave and to s s ar in any. Aiotd, the same in fee sfmPlc forever. And the grantor hereby covenants with said r in fee simple: 1ha1 the grantor has grantee that the grantor is lawfully seized o/ said land grantor hereby9ond right and lawful authority 1v sell and convey sold land: that the fully warrants the title to said land and will defend the same against flue tau,/u( claims o/ all persons whomsoever; and Ihot said land is free of all encumbrances• except tines accruing subsequent to December 31, 199H VUrcj din lyitness Tehereof, the said first above written. gran/or has Isigned and sealed these presents the day and Year Signed, sealed and delivered in our presence: 1 Jean omas Staet an ........ti. J...... .......� ........_.._.. STATE OF ,Sine COUNTY OF Lincoln .................... .......... .: �.. .5................. ..Lavid.W.;... &setland ............................ I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the acknowledgments, Personally apprared County aforesaid to take to me known to be the person described in and who foregoing instrument and executed the acknowled¢ed before me that vItecuted the same. WITNESS my hand and official seal in the ounty and State last o said this / / �• IV, �n Ay at ... .. ... ................ Ihit /nslrutnrni �+r in,llyvc .............. prrpured b : SI iddn;rr CNMAR'Y xrrnPUBLIC,yinn FRO- S"CE "tow FOR tECO1011S USE S 9 — 15 _—.-.._.--7 Y J-99-204(a) ?/9/99 RESOLUTION NO. A RESOLUTION DENYING THE APPEAL OF DAV SWETLAND AND AFFIRMING THE DECISION W. HISTORIC AND THE PRESERVATI THE WHICH APPROVED, WITH CONDITIONS, A BOARD, OF APPROVAL FOR THE CONSTRUCTION TIFICATE ILY RESIDENCE, INVOLVING TREE A SINGLE 4 PROPERTY LOCATED AT 3190 MOVAL, FOR KI I, FLORIDA. OE DRIVE, WHEREAS, toe istoric and Envi 1. nmental Preservation Board (HEPB) at its mee ' ng of Jan ry 19, 1999, advertised following an public hea ing, ad ted Resolution No. which a HEPB-99-1, approved, with co iti s, a Certificate of the construction of Approval for a sin e family residence, involving tree removal, for the propert to ated at 3190 Munroe Drive, Miami, Florida, after findin that th proposed tree removal complies with the criteria fo tree P_ies . remova in Chapter 17 of the Code of the City of Miami, lorida as amend and WHEREAS, p suant to Section 17- 0 (b) of the Code of the City of Miami Florida, as amended appeal to the City Commission h been taken by David W. Swe and, on the grounds stated in s Notice of Appeal, filed January 9, 1999, WHE AS, the cityand Commission after carefu consideration of this m ter finds that the stated grounds for the appeal and the facts presented in support thereof do not justify vermin dec' g the ion of the Historic and Environmental Preservatio Board; 1. 3R: . } .-. � .. t�.T� y, t � , • ,r. 1 1 •, . gyp_ �� w� Ji ? i /- � L. 1 .sir :..'�.: x^+R: A�✓.r� ..�.. _ y� .`?'Z:� J .. '1, BAKER & M19KENZIE EuImRa Am ATTORNEYS AT LAW 440M tur PACT IC AMSTERDAM MILAN ALMATT 1200 BRICKELL AVENUE a ARCCLONA MOSCOW SAKU SCRLIN MUNICM IANOROR 19TH FLOOR SRUSUDSlCLS CST PARIS PRAOUC SWING HANOI MIAMI, FLORIDA 33131 CAIRO IYADrRANRPURt ROM['I �owcN. oHO CITY TELEPHONE 130$1 789-8900 OCN[VA NICV St. OtTCRSSURO STOCKHOLM NSINCNU MANILA FACSIMILE 13081 789-8953 LAUSANNE LONDON WARSAW ZURICw McLbOURNC MADRID :INOAPORC YDNCY TAIPCI TOKYO ANTHONY J. O'DONNELL, JR. bnthony.o'oonnbll0 bbkOm W.Dom January 29, 1999 VIA HAND DELIVERY City Manager City of Miami 444 Southwest 2nd Avenue Miami, Florida 33130 Re: NOTICE OF APPEAL OF DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD Dear Mr. Manager: NORrN ANO SOUrN AMOcA 00001A MCXICO CITY bRAbILIA MIAMI bUCNOI AIRCb MONTCRRCT CARACAS NCW YORK CMICA00 PALO ALTO DALLAS RIO OC JANEIRO HOUSTON SAN DICOO JUARtz !AN tRANCiSCO /ANTIA00 !AO PAULO TIJUANA TORONTO VALCNCIA WASHINGTON OC This notice of appeal is filed on behalf of David W. Swetland, a citizen of the City of Miami and the owner and developer of the Camp Biscayne residential community in Coconut Grove. Pursuant to Section 17-40(b), Miami Code, Mr. Swetland appeals the decision of the City's Historic and Environmental Preservation Board on Item #1 of its meeting of January 19, 1999, to impose a tree removal condition on its Ceptificate of Approval for the construction of a single family residence- located at 3190 Munroe Drive. A copy of the report and recommendation of the Preservation Officer for this certificate is attached hereto. Mr. Swetland's appeal is limited to the Preservation Officer's recommendation number 2 which was imposed by the Board and states as follows: 662. All tropical almond trees on the property shall be removed." There are two stands of mature almond trees on the property which should be exempt from this removal requirement. The first tree is located only partially on the property and partially off the property. This tree and the other stand of trees located at the front property line, provide an important natural, mature tree canopy for the property and for adjoining residential properties in Camp Biscayne. These trees should be preserved for aesthetic and environmental reasons until 9 9 - 152 BAKER & WKENUE City Manager January 29, 1999 Page 2 such time as newly planted trees can grow and mature for replacement canopy. To do otherwise, would simply denude the property of significant tree canopy for no purpose. Propagation of additional almond trees will be prevented by maintenance and removal. The owner has already removed all other almond trees from the property and will ensure that no additional almond trees will be allowed to grow there. Accordingly, Mr. Swetland requests the City Commission to delete the above tree removal condition and to revise it to state as follows: 2. All tropical almond trees on the property, except the two stands of mature trees located at or across the property lines, shall be removed and the property shall be maintained to ensure that no additional almond trees be allowed to grow. The remaining two stands of almond trees shall also be removed at such time in the future as a comparable tree canopy has been established on the property. We trust this appeal will be granted by the City Commission. Respectfully submitted, Anthony J. O'Donnell, Jr. Attorney for David W. Swetland Enclosures cc: City Clerk (w/ encl.) Preservation Officer (w/ encl.) Hearing Boards Office ( w/ encl.) :;0DMAwc00cswLADo=I?ei 9mi �D C ENVIRONMENTAL PROTECTION F.A.C.) as well as the evaluation factors contained within Section 24-58.3. The Board of County Commissioners shall, after holding the public hearing, approve, deny or approve subject to conditions, limitations or restrictions, the vari- ance proposed under the application. If the Board of County Commissioners ap- proves a variance, the procedures concerning is- suance of a permit contained within Section 24- 58.5 shall be followed. (Ord. No. 85-87, $ 11, 10-1-85) ARTICLE III TREE PRESERVATION AND PROTECTION* Sec. 24-60. Permits for tree removal and re- location, improperly issued per- mits, violation of permit condi- tions, exemptions from tree removal permits, mortgagee ex- emption from liability. (1) It shall be unlawful for any person, unless otherwise permitted by the terms of this article, to do tree removal work or to effectively destroy any tree, or to effectively destroy any understory in a natural forest community, without first ob- taining a permit from the Department. (2) No municipal or County official shall issue a tree removal permit that does not comply with the provisions of this article. Any such permit shall be void. (3) It shall be unlawfid for any person to violate or not comply with any of the conditions of a Dade County tree removal permit. (4) The following activities are exempt from tree removal permits: (a) Removal of trees within the yard area of an existing single-family residence, pro- vided the trees are not within a natural forest community, and are not. specimen trees. This exemption does not apply to *Cross references —Diseased palm trees, Ch. 111); land- scaping, Ch. 18A; theft of plants and fruits, # 21-118; prohib- ited plant species, $ 24-27.1. Supp. No. 20 3361 $ 24-60 trees which are growing on County rights - of -way adjoining existing single-family res- idences; (b) Removal of trees for the construction of a new single-family residence, provided that: 1. The lot is one (1) acre or less in size (43,560 square feet), if an AU zoned lot, or one-half acre or less in size (21,780) square feet, for any other zoned lot; and 2. The lot is being developed as the principal residence of the owner - builder; and 3. The lot is not within an area desig- nated as a natural forest commu- nity; and 4. The trees are not specimen tree* (c) Removal of any dead tree. ` '': (d) Removal of trees within State -approved plant nurseries and botanical gardens, provided said trees were planted and are growing for the display, breeding, propa- gation, sale or intended sale to the gen- eral public in the ordinary course of busi- ness. (e) Removal of trees for the establishment, maintenance and operation of a bona fide grove or bona fide tree nursery, except when the proposed tree removal is to occur in a natural forest community des- ignated under Resolution No. 1764-84 or under subsequent revisions of the natural forest community maps or when the pro- posed tree removal will affect specimen trees as defined herein. Any person desir- ing to remove trees pursuant to this pro- vision shall obtain written approval from the Department prior to the commence- ment of any such activities under this exemption. (f) Removal of any of the following tree spe- cies (provided the activity is not within a natural forest community, in which case a permit shall be required, but all applica- tion and permit fees shall be waived by the department): 1. Melaleuca quinquenervia (cajeput or paperbark tree). 99- 152 1 24.60 DADE COUNTY CODE 2. Casuarina app. (Australian pine, beefwood). 3. Schinus terebinthifolius (Brazilian upper). 4. Bischofia javanica (bishopwood). 5. Ricinus communis (castorbean). 6. Fsidium gue,iava (guava). 7. Albizia lebbek (woman's tongue). S. Acacia auriculaeformis (earleaf aca- cia). 9. Scheffiera actinophylla (Queensland Umbrella Tree). 10. Araucaria heterophylla (Norfolk Is- land Fine). 11. Metopium toxiferum (poison wood). 12. Adenanthera pavonina (red sandal- wood). 13. Cupaniopsis anacardioides (car- rotwood). 14. Dalbergia sissoo (Indian dalbergia, sissoo). 15. Ficus microcarpa (=R. nitida; =F, retusa varnitida) (laurel fig). 16. Flacourtia indica (governor's plum). 17. Hibiscus tiliaceus (mahoe). 18. I.eucaena leucocephala (lead tree). 19. Mimosa pigra (catclaw mimosa). 20. Thespesia populnea (seaside mahoe). (g) I%moval of any tree which has been de- stroyed or effectively destroyed by an Act of Cod, or by acts outside of the control of any person, individually or otherwise, who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located, which acts could not have been prevented by the exercise of reasonable care by any such person, indi- vidually or otherwise, who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located. Where a tree has been destroyed or effectively destroyed by acts outside of the control of a person who has or had•a legal, beneficial or equitable interest in Supp. No. 20 3362 (h) W the real property upon which such tree is located, which acts could not have been prevented by the exercise of reasonable care by such person, this provision shall be construed to impose joint and several liability upon the person(s) destroying or effectively destroying such tree, and to exempt from liability for such destruction or effective destruction the person who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located. Removing, trimming, cutting or altering of any mangrove tree or removal of any tree located upon land which is wetlands as defined in Section 24-3. Trees located upon land which is wetlands as defined in Section 24-3 and mangrove trees located anywhere in Dade County shall be subject to the permitting requirements of Article II of this chapter. Removal of tree within a bona fide fruit grove for the express purpose of convert- ing said bona fide fivit grove to another bona fide agricultural purpose, provided however, that the owner of the real prop- erty upon which the bona fide fruit grove is planted has entered into a covenant agreement with Dade County in the form approved by the Board of County Commis- sioners, which covenant stipulates that said property shall only be used for bona fide agricultural purposes for a period of five (5) years from the date of execution. The foray for said covenant agreement shall be approved by the Board of County Commissioners by resolution concurrently with the approval of this ordinance so that all covenant agreements submitted pursuant to this provision can be exe- cuted and accepted by the director of DERM and then recorded in the Official Records of Dade County without the ne- cessity of additional public hearings. In the event that the provisions of said cov- enant are not complied with, the Director of DERM may commence an action in law or equity to ensure adherence with the replanting requirements contained in Sec- tion 24-60.4 of the Dade County Code. 99-- 152 ENVIRONMENTAL PROTECTION (5) Any mortgagee with respect to property upon which any violation of this tree ordinance has occurred shall not be liable for such violation unless, prior to said violation, said mortgagee has foreclosed upon said property or participated in the management or control of said property, or unless said mortgagee has effected or caused the tree ordinance violations occurring on said prop- erty. (6) Notwithstanding the provisions of Section 24-57(g) herein, if actions or omissions constitut- ing a violation of this article occurred at a time when the completed actions or omissions were not prohibited by law, such completed actions or omis- sions shall not constitute a violation of this arti- cle. (Ord. No. 88-92, § 5, 9-22-88; Ord. No. 88-95, § 6, 10-4-88; Ord. No. 89-6, § 1,1-17-89; Ord. No. 89-8, § 8, 2-21-89; Ord. No. 90-39, § 1, 4-19-90; Ord. No. 94-131, § 11, 6-21-94; Ord. No. 97-3, § 3, 1-14-97) Sec. 24-60.1. Permits generally. Tree removal permits are required for the re- moval or relocation of any tree not specifically exempted under Section 24-60(4). The Depart- ment shall provide permit application forms which shall be used by permit applicants. An owner, agent of the owner, or lessee of a property may apply for a tree removal permit. If the permit application is a lessee or agent of the owner, a statement from the owner of the property indicat- ing that the owner has no objection to the pro- posed tree removal shall be submitted -with the application. The permit applicant shall submit to the Department a completed application form. Permit application forms shall be accompanied by two (2) sets of site plans which are subject to review and approval by the Department. The site plan shall include the locations of all existing tree resources and all proposed structures or utilities which may require removal or relocation of trees. The Department may require that said plans be prepared by either a landscape architect, archi- tect or an engineer registered in the State of Florida. If the submitted site plan does not pro- vide sufficient information to determine which trees will be affected by the proposed develop- Supp. No. 20 § 24-60.2 ment, the Department may require that a tree survey of the site be prepared and submitted to the Department for review. (Ord. No. 88-95, § 7, 10-4-88; Ord. No. 89-6, § 1, 1-17-89; Ord. No. 89-8, § 9, 2-21-89) Sec. 24-60.2. Review and evaluation of per- mit applications, natural for- est communities standards, specimen tree standards. Areview of each completed tree removal permit application shall be conducted by the Depart- ment. This review and all actions taken by the Department under the provisions of this article shall be conducted using best available practices from biology, botany, forestry, landscape architec- ture and other relevant fields, and shall be -con- ducted in a manner that is consistent vb . all.. applicable goals, objectives and policies in . the Comprehensive Development Master Plan for Met- ropolitan Dade County, Florida. Upon receipt of a completed permit application, the Department shall determine whether the site contains any portion of a natural forest community, specimen trees or any other trees subject to the provisions of this article as follows: 3363 (A) If a site contains any portion of a natural forest community, then the provisions of Section 24-60.2(I) shall apply. If any per- son is in doubt as to whether a particular property has been designated as a natural forest community, said person may re- quest a written determination from the Department. Said written determination shall state whether or not a particular property has been so designated by the Dade County Commission in the forest community maps under Resolution 1764-84 and shall be prepared by the Department within twenty (20) days of receipt of said request. Any property owner of a designated nat- ural forest community site may request that the Department verify the desig- nated boundaries of a specific natural forest community site or may request that a specific site be deleted from the ap- proved natural forest community maps. Requests for verification of the designated 99- 152 I 1 24-60.2 DADE COUNTY CODE boundaries of a specific natural forest community site or the deletion of a spe- cific site from the approved maps shall be made in writing to the Department. Upon receipt of such requests, Departmental staff shall inspect the site and make a determination whether the approved boundaries accurately reflect the current boundaries of a natural forest community as defined herein, or whether a site should be deleted from the approved maps. If it is determined that the approved boundaries of a specific natural forest community site are not longer accurate, the Director or his designee shall modify the approved boundary of the natural forest commu- nity. One (1) copy of the modified bound- ary shall be furnished to the person who originated the request within thirty (30) days of receipt of the original request and another copy shall be made permanently available at the Department for reference by the public. If it is determined that a specific natural forest community site in its entirety no longer meets the definition of a natural forest community as defined herein, the Director shall recommend to the Board of County Commissioners that the site be deleted from the approved natural forest community maps. (B) If a site contains any specimen trees, then the provisions of Section 24-60.2(II�shsll apply. (C) If there are trees present on a site other than any portion of a natural forest com- munity or specimen trees, then the re- placement provisions of Section 24-60.4 shall apply. (D) In the event that a site contains any combination of natural forest community, specimen trees or other trees, then Sec- tions 24-63.2(I), 24-60.2(II), and 24-60.4 shall be applied in proportion to the pres- ence of each type of tree or community. Supp. No. 20 The standards to be applied in reviewing tree removal permit applications involving natural forest communities or specimen trees are as fol- lows: (I) Natural Forest Communities Standards. 3364 (A) Upon receipt of an application for tree or understory removal work in a natural forest community, Departmental staff shall verify that the site currently meets the definition of a natural forest community as defined herein. If Departmental staff' determine that a site no longer meets the definition of a natural forest community, then the Director shall recommend to the Board of County Commissioners that the site be deleted from the natural forest community maps. Upon approval by res- olution of the Board of County Commis- sioners, the site will no longer be subject to the provisions of Section 24-60.2(I), but may nevertheless be subject to the provi- sions of Sections 24-60.2(II) and 24-60.4. In the event that Departmental staff de- termine that the site currently meets the definition of a natural forest community as defined herein, but the boundary line shown ow the approved maps no longer accurately reflects the boundary of a nat- ural forest community as defined herein, the boundary of the natural forest com- munity as shown on the approved maps shall be modified by the Director or his designee. One (1) copy of the modified boundary shall be furnished to the prop- erty owner and another copy shall .be made permanently available at the De- partment for reference by the public. If the boundaries of a natural forest commu- nity are modified, only that area encom- passed within the modified boundary of the natural forest community shall be subject to the provisions of this section. 1. Except as provided in Section 24- 60.2(IXA)3. below, a permit shall not be issued to clear more than ten (10) percent of the canopy and understory of any hardwood hammock natural forest community or more than twenty (20) percent of the canopy 99- 152 LSD CONSERVATION, AQUIFER RECHARGE AND DRAINAGE ELEMENT 7E. AM wetlands on the State Save Our RMsn or Dade County Environmentally Endangered Lands acquisition lists shall be given very high priority for public acquisition as are lands within the Environmental Protection category on the Lund Use Plan (LUP) map. Objective, 8 Upland forests Included on Dade Cournty's Natural Forest Inventory y shall be main• tained and protected. Polities ltA. The pirnslarnds and hamnrnocka Included on the County's Forest Inventory (Resolution R-1784-84. as may be amended from time to time) shall be recognized as environmentally sensitive. Effective regulations to protect these valuable reeources shall be enacted as mandated by Chapter 183.3202(1),F.S. $8. The environmentally, seraitlwi hardwood hammocks and the pindannds on the State Conservation and Recreation Lands (CARL) and Dade County Envlonnne asly, Endangered Lands Acquisition lists shall be given very high priority for public acquisition as are lands within the En category on the �Use Plan (L.UM Mop SC. Dsyslopmsrnt in the treated portlare of. those publicly owned natural forist" comernudtlsa dssigrnatsd by the Board iof" County Commissioners pursuant to Resolution No. R-1764-84, as may be amended from time to bosh eha8 be PwmkW only r it is clearly In the public Interest, there Is no feasible dtarravi% and such developmv is complermantary to the natural resourm $0. where hammocks are contained whdnin WMPDCw development sktee, they shah be given priority for designation as landscape And open space areas and Wt Intact. The extent of hammock area destroyed shall be minknized by the use of dustwin% large lot zoning, or reduced roadway widths. Disturbance shall be conMed to the least viable areas. No wide or straight roads or path shall be cut Into hammocks, Protection of hammocks shall Include maintenance of understory vegetation and associated geologic foaq,res. Where It is evident that native hammock trees will be destroyed by a proposed development, those tress that WO IMcsly to survive should be transplanted to aultable areas. 9E. Where *Wands that can be maintained by Proscribed burning or other appropriate management activities are contained within dskft they shall be given high priority for Utilization as landscape or open space areas. Care stall be w(arcised when developing in pinakinds to minimize root damage and fMlq. The native underaory shall be bit as open space. IF. The destruction of environmentally senskW natural forest communities shall be kept to a minimum; a long-term rnkigatlon and management plan shall be developed to assure the continued dtrestorations or creation of at nce of the rornainkV for" lands andthe least an equal amount of forest lands to those destroyed. $0. Dodo County shelf seek the assignmont of additional urban k"dors to expand the piogram of g In order to Preserve PIS anolled d oisaia loco) cholera and governments In developing and carrying out rsforeststlo<n and a�ccotic Plant control pro)ects. 8K The natural forest communities that are owned by the School District of Dade County, Florida sisal be prowled and maintained and used as natural outdoor laboratories. The County and the School District shall Jointly develop a policy document which we address this Issue. VI-8 April CONSERVATION, AQUIFER RECHARGE AND DRAINAGE ELEMENT Oi. Tracts of lend that are to be developed as futons school sties should be landscaped with native vegetation, and upland or wetland revegetation projects shall be lrx=poreted Into the School's landscape design. The County and the School Board shall jointly develop landscaping guiddlnes for tracts of land that are to be developed as future school sites. OJ. The Coctnty's tree preservation and land - Scapa mgctirananb shall be Coordinated. The tree preservation program should focW Wimarily on Specimen trees and habitat protection and restoration, while the landscape requirements should address the protection and plan tag of trees with an basis upon provision of canopy, and climatic Comfort, use of appropriate native plant materials, buffering and aesthetic considerations. Tree preservation and ape requlrwnwa Shall be etrktfy Wforced. @& The following plants shall not be Propagated or planted within Deft County. In addkk)t% sradk;ation of these species shoed be carried out on al sites of new dralopment and variance fr ��y in � Any be aPPVftd bash. by DERM on a camby.cass M&W xxa qulnquwpWft Mdalauca Schlrrus Wvb,brllrlbllag &radian Pepper Castadne spfs Austrd kn Pica Acacia surw#omda Earlaaf Ac wk 'lam Nbbea VNoman's TOF PA Aed4* sohnecaa Sftoabtttton AVAft � Cestnrn dllrrrum Bishop Wood D"loomino Jasmka , Colu Was ask6te Cdub*m ©kwo w btdbllsva Air Potato E car►m dufans/s Eucalyptus Lawsagre /eucocepha/a Lead Tree Riclnus communis Castor Bean OL. Robust ground cover that can easily escape from cultivation and the following species should not be planted or PMP992W In the Immediate vicinity of hammocks or pindands. S nSOWerla &ft6C18t8 Snake Plants and S. metal/ka Jasnr/nNum dlchotomum Vining Jasmine and J. fit nindnrae P"S#k ra edW/s Passion Flower Ep1pronwrtarr p/nrrattun Pothos (Sc/ndapsus atweus) podc�l Xltun N � Wedelle &Oobara Wedelia 001.Efforts Should be merle to propagate and reestablish whore practical, very we to exceedingly rare native plants In Dade County. (Sft Appendix A). IN. All new PIWOW an Dade ic lands preference tonativeplant material. SM The 24,5W acres of native habitat at the TMI*V and Transition Airport outside of ON wcurity fence shill be managed by the Sara standards applied to the Big Cypress National Press". ObjeeUvs 9 FregrAWer fishes and wOdufe sfa0 be con- served and tmed In an envirortrnar"Illy sound menrW and the net amount of habitat criticall to federal, state or County dra noted endangered, threatened, or re Sped" or epoclsa of special coroent shop be POSGOrved. Pollwas OA. Ali activities tint W„ WSWY 04d hat" that Is a t el to federal or State designated endangered, or threatened spy shill be prohibited unless such actMty(ea) are a VI-9 1"3 99- 152 CONSERVATION, AQUIFER RECHARGE AND DFWNAGE ELEMENT Public necoulty and there areno posdble aitwnative ekes where the artivky(1ss) can occur. 98. All nea ft roosting and feeding habitats used by federal or State designated sndangered or threatened species, shah be protected and buffered from surrounding development or activities, where necessary. 9C. Rookeries and nesting sites used by federal or State designated endangered or threatened species shall not be moved or destroyed. 90. The County should work with the US Fish and Wildlife Service, the Fiorfda Game and Freshwater Fish Commission and other appropriate entities to describe and map wildlife populations, and by 19N, to determine the wildift habitat values for all remaining freshwater wetlands and srMronmsntahly senshiva natural forget communities. 9E. Conservation of upland wildlife habitats shall be taken Into caaideration during development evaluation and permitting process" tF The County shah work with all appropriats agencies to ensure that laws gow raft the release of any strictly enbrow. wffdl� Asia species we 9Q. The County'$ planning for the future devMoprrent of open spice area hall Include the protection, 00raervadon "or fedoradon of wildlSo habitats, By 19K the COurdY girl ate its He of Endangered, Threatened, Rare and Endemic Plans and its Het of Endangered ThreatenedSpecial Concerm Rars and Wildlife sped. Of Monitoreng Program SW" the mid-197ft Dade County has had air and water quality monitoring Programs. The Program that are outlired below build upon that background ae well as the Infomnatlon that has msra d Envlronmsr" Resource Manama PERM) during more than fifteen years of en. vironmentai Permitting. Air Oua1Ry Data from Dade County's ongoing air quality monitoring basis and y the Manning Depws be compled on artmebismnt the Preparation of the Evaluation and Analysis Report (EAR). These data will be supplern rated by AN Plans that are prepared by DERM to meet State and federal air quality standards. Ground and Surface Water ouaNty Monitoring Dade County's existing surface and groomer oring Programs should be Coft%W and stem ��trend . They should be arratysss to be done. The following should be incorporatsd Into the program: a) Periodic monitoring of sediments b) the Impacts of fit= Prey, golf cmnu and other areas of heavy fertilizer and pasticide use. c) the WSW web In fquality hipects w areas.of open l d) a entW Program of ground and Internadormi � . monitoring at Miami e) an expanded groundwater monitoring Program to address all public wo"d Peron areas These data wfit be compiled on a blennlai basis, Integrated Into a geocoded data base and used In the preparation of the EAR. VI-10 UU- 152 �. ..�..- ,.. j 1 ♦� 1 24-26 (d) (e) (f) (g) DADE COUNTY CODE Supplying potable water without provid- ing disinfection by a public water supply system. Air pollution which is harmful to human beings, animal life, or plant life. Water pollution which is harmful to hu- man beings, animal life, or plant life. Ground pollution which is harmful to hu- man beings, animal life, or plant life. (h) Objectionable odors which are harmful to human beings or animal life. (2) The Director, Environmental Resources Man- agement, is authorized to investigate any condi- tion or alleged nuisance in any place within the County, and if such condition is determined to constitute a sanitary nuisance, he shall serve notice upon the proper party or parties to remove, abate, or correct the said nuisance within twenty- four (24) hours or such other reasonable time as he may determine. It shall be the duty of said Director, Environ- mental Resources Management, to institute pro- ceedings in the appropriate court against all per- sons failing to comply with notices to remove, abate or correct said nuisance conditions. (3) It shall be unlawful for any person to cause, maintain or allow to be caused or maintained any sanitary nuisance as defined in Section 24-3(58). (Ord. No. 72-76, $ 7, 10-31.72; Ord. No. 75-27, ¢ 17, 5-7-75; Ord. No. 91-61, 8 4, 5.21-91) Sec. 24.27. Spraying of substancom contain. • ing asbestos It shall be unlawful within Dade County, for any person, firm or corporation, to cause or to permit the spraying of any substance containing asbestos, as defined in Section 24-3, in or upon any building, structure, column, frame, floor, ceil- ing or other portion, part or member thereof, during its construction, reconstruction, alteration or repair; provided, however, that such enclosed factories, buildings or structures in which the fabrication or manufacture of products containing asbestos is carried on shall not be subject td this provision. (Ord. No. 72-76, $ 8, 10-31-72; Ord. No. 75-27, .� 18, 5-7-75) Sec. 24.21.1. Prohibited plant species. (A) With a ption o acus benjamma, the list of exotic pest plant species that may not be sold, propagated or planted anywhere in Dade County pursuant to Policy 81 of the Conservation Ele- ment of the mprerive eve opm er— Plan a opo a , , may be amended from time to time, is hereby incorporated by reference. If present on a devel- opment site, they shall be removed rior to deve - i opment, and their s e, propagation, planting, or anspo on s ro a (B) Definitions for Section 24-27.1(AX1), (2), (3) and (C): (1) Importation shall mean the conveyance by any means of plants into Dade County. (2) Planting shall mean the placing on or setting into the ground of Pave plant ma- terial. (3) Propagation shall mean the physical act of causing plants to multiply by any pro- cess of reproduction from plant stock. (4) Sale shall mean the act of transferring or conveying plants to a purchaser for con- sideration. (5) Transportation shall mean the act of car- rying or conveying plants from one place to another for the purpose of sale, plant- ing, importation or propagation. (C) Variances. (1) Avariance by the Director of DERM from the transportation, propagation and plant- ing prohibitions of this section may be requested, subject to the conditions justi- fying variance approval outlined below in Section 24-27.1(CX2Xa)-4c). Said vari- ance request shall be made in writing to the Director of DERM and shall include the following information: (a) Name and address of the person or persons requesting the variance. (b) Location of the property for which the variance is requested. (c) A sketch or drawing indicating the location within the subject property 99- 152 { ENVIRONMENTAL PROTECTION where the planting or field propaga. tion of the otherwise prohibited plant species will occur. (Container propa- gation shall be exempt from said sketch or drawing requirements.) (d) The reason or reasons for requesting the variance. (2) The Director of DERM may, in his discre- tion, issue a variance from the provisions of this section based upon the following factors: (a) Proximity of the subject planting or propagation to any environmentally sensitive areas (e.g., wetlands, ham- mocks, pinelands, dunes). (b) Lack of appropriate alternative plant species to fulfill the same purpose or purposes for planting. (3) The Director of DERM shall issue or deny a variance request within thirty (30) days of receipt of its receipt, provided the re- quired information described in Section 24-27.1(CXlXa) through (d) above has been submitted. (Ord. No. 82-68, § 2, 7-20-82; Ord. No. 97-3, 4 2, 1-14-97) Sec. 24-28. Statements of approved water or sewer service. (a) Any public utility holding a valid certificate Pursuant to Sections 32-33 and 32-39 of the Code that desires to apply for a change of rate or to change any rule or regulation as provided by Section 32-64 shall file with the Board Sr DERM a request for a statement of approved water quality or approved sewage service. (b) The DERM shall within ten (10) days from the date of such request set a hearing date for consideration by the Board of such request in all cases not exempted under subsection (c), below. (c) A municipal public utility is exempted from the hereindescribed public hearing process before the Board if both of the following conditions are met: (1) The utility holds a valid County operating Permit Pursuant to Section 24-35.1, and § 24.28 (2) Not more than twenty (20) percent of the utility's gross revenues are generated from customers located outside of the munici- pality. If the utility obtains an exemption by having met the above two (2) conditions, said utility must obtain a statement of approval from the DERM. (d) In determining whether or not a public utility is entitled to a statement of approved water quality or approved sewer service, the Board shall consider the water and effiuent .qual- ity requirements of Chapter 24 and other evi- dence including public comments regarding the overall quality of service. If the Board finds that the utility has provided reasonable and satisfac- tory water quality and sewage service to .the public, it shall issue its statement of apgrd'ved . water quality or approved sewage service 10fich shall be valid for one (1) year fimm the date' of issuance. The validity of the statement may be extended by the Board for a period not to exceed six (6) months beyond the original expiration date. Such a statement shall also indicate "excel- lent," "good" or "fair" quality of service depending on which, in the opinion of the Board, is most appropriate. (e) The public utility shall send a written no- tice to each customer informing: (1) That the utility plans to file for a rate increase; (2) The date, time and place of public hearing as set by DERM; (3) The name, address and phone number of DERM; and (4) The name, address and phone number of the consumer advocate. The notice shall be reviewed and approved by DERM and shall be mailed at least twenty (20) days prior to the hearing. In the event that the hearing on the matter is continued, mailed no- tices of the continuation may be disposed with by the Board. The Board may issue a conditional certificate pursuant to this section if it determines that certain improvements of said water and/or sewer utility are necessary or desirable to increase the Supp. No. 20 3313 y W-- 9 9 - 152 E