HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00698ha Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY MIAMI-DADE COUNTY PUBLIC SCHOOLS AND REVERSING THE
DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
OF THE CITY OF MIAMI, FLORIDA, WHICH DENIED A TREE REMOVAL PERMIT
FOR EIGHT (8) BISHOPWOOD TREES AT MIAMI SENIOR HIGH SCHOOL
LOCATED AT SOUTHWEST 3RD STREET BETWEEN SOUTHWEST 24TH AND
SOUTHWEST 25TH AVENUES, MIAMI, FLORIDA, AFTER FINDING THE TREE
REMOVAL DOES COMPLY WITH THE CRITERIA FOR TREE REMOVAL SET
FORTH ARTICLE 8.1 OF THE ZONING ORDINANCE.
WHEREAS, the Historic and Environmental Preservation Board ("HEPB") is charged with,
among other duties, hearing appeals from the granting or denial of tree removal permits pursuant to
the applicable provisions of Article 8.1 entitled "Tree Protection " of Ordinance No. 11000, as
amended, The Zoning Ordinance of the City of Miami, Florida ("Zoning Ordinance"); and
WHEREAS, pursuant to the applicable provisions of the Zoning Ordinance, as amended, as
provided in Article 8.1 entitled "Tree Protection", the property owner, the applicant, or any aggrieved
party having standing under Florida law, may appeal to HEPB any decision relating to tree removal
permits in the manner specified therein; and
WHEREAS, among the appealable decisions which can be heard by HEPB are appeals from
decisions of the City of Miami ("City") Public Works Director concerning issuance or denial of tree
removal permits for trees on the public -right-of-way; and
WHEREAS, the City's Public Works Director decided not to issue a tree removal for eight(8)
Bishop wood trees located at Miami Senior High School on Southwest 3rd Street between Southwest
24th and Southwest 25th Avenues, Miami, Florida ("the Property"); and
WHEREAS, this decision was appealed by Miami -Dade County Public Schools ("Appellant")
who own, manage and supervise Miami Senior High School; and
WHEREAS, the HEPB at its meeting of January 5, 2010, following an advertised public
hearing, adopted Resolution No. HEPB 2010-02 by a vote of six to three (6-3), to DENY the appeal of
the Appellant, after finding that the proposed tree removal permit did not comply with the criteria for
tree removal set forth in Article 8.1 of the Zoning Ordinance and further that the Appellant did not meet
its burden to overturn this decision of the City's Public Works Director;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
City of Miami Page I of 2 Printed On: 1/13/2010
File Number: 08-00698ha
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission reverses the decision of HEPB (Resolution No. HEPB-2010-
02), which denied the appeal by the Appellant of a decision by the City's Public Works Director
concerning the denial of a tree removal permit for eight (8) Bishop Wood trees on the
public -right-of-way at or approximately at the Property, and grants the Appeal giving rise to this
hearing. The City Commission finds the criteria for tree removal set forth in Article 8.1 of the Zoning
Ordinance has been met. The City Commission additionally finds that Bishop Wood trees are
non-native, invasive tree species and tree mitigation is not required for the removal of this type of tree
species. Nevertheless the City Commission accepts the tree mitigation plan filed by the Appellant
which is included in the agenda materials for this item and is on file with the Department of Hearing
Boards. The denial of this tree removal permit is hereby reversed. This tree removal permit is granted.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
APPROVED AS TO FORM AND CORRECTNESS:'
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1 } 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.
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