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Home My WebLink AboutHEPB 01-05-10 Fact SheetITEM 2 HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD STAFF REPORT NAME Miami Senior High School ADDRESS 2450 SW 1st Street SUBJECT OF TREE REMOVAL APPEAL Appeal of the decision of the Public Works director not to issue a tree removal permit for eight Bishop Wood (Bischofia) trees located on the public right-of-way, at SW 3rd Street between SW 24`h and SW 25th Avenues. APPLICANT Zyscovich Architects; Miami Dade County School Board BACKGROUND The tree removals, which are the subject of this appeal, are part of a much larger and ambitious proposal for the expansion of the high school and the restoration of its historic buildings. TREE REMOVAL PROCESS The architects/ traffic engineers have determined that the best place for school busses to drop-off and load is not the north side ( closest to the heavily trafficked Flagler Street; but on the south side ( SW 3rd Street) which is away from a major thoroughfare, but directly across the street from multi -family housing. In order to accommodate that loading, the swale adjacent to the sidewalk has been removed to provide sufficient space for the busses to pull off of SW 3rd Street. Presently that swale is planted with eight (8) Bishop Wood trees which must be removed to accommodate the bus parking. For trees on private property, the Code Enforcement Department is tasked with posting the trees with a notice of their impending decision. For trees on the Public Right -of -Way, that posting is done by the Public Works Department. The posting informs the public whether the intended decision of the department is to allow the removal or deny the removal. The posting allows the public to appeal the decision to remove the tree. They must file the appeal within 10 days from the posting. (this was October 30, 2009.) The Public Works Department received five protests requesting that the Public Works Director deny the issuance of the tree removal permit. The persons protesting the initial decision of the Public Works Department to grant the tree removal permit were: January 5, 2010 ITEM 2 Domitila ( Tillie) Fox, 302 Beacom Boulevard Neil D. Kolner, 2420 SW 3rd Street Manuel Docampo, 225 SW 24th Street Aurora Martinez, 227 SW 24`h Avenue Alvaro Salas, no address provided PUBLIC WORKS DIRECTOR'S DECISION On November 12, 2009 the historic preservation section was notified that the Assistant Public Works Director had denied the tree removal permit. HISTORIC PRESERVATION STAFF ACTION ANALYSIS After learning of the decision the architects/landscape architects (who have been commissioned by the Miami -Dade School Board to complete the improvements to Miami Senior High) immediately inquired as to how to appeal that decision, The staff after reading portions of the Tree Protection Ordinance ( Section 8.1 of the Zoning Code,) sought clarification of the appeal process from the city's legal counsel. The following is the section that caused the inquiry: Section 8.1.8.2 of the Zoning Code states the (city commission] "may grant or deny the appeal of the tree removal permit issued to the departments of public works and capital improvements". The staff asked counsel if the appeal should go directly to the City Commission or if it should be heard by the Historic and Environmental Preservation (HEP) Board. On November 16, 2009 (the same day that the question was posed) our legal counsel informed us that the appeal must go to the HEP Board. At that time, staff advised a representative of Zyscovich Architects that the HEP Board would be the appropriate body to hear their appeal. They then filed the appropriate paperwork for the appeal. The bishop wood tree is considered a non-native invasive by the the U.S. Department of Agriculture, The Florida Department of Agriculture, The Florida Exotic Pest Plant Council and various Florida counties. Some Florida counties have regulations against planting and growing these trees.' The city of Miami does not require mitigation when these trees are removed. Even though there is no requirement to plant replacement trees, the Miami Dade School Board has authorized its landscape consultants to plant twelve (12) Live Oak trees on the SW 3ra Street side of the school property. This will allow residents to continue to enjoy shade, but do away with the invasives. http://www.floridagardener.com/misc/shade.htm January 5, 2010 ITEM 2 STAFF RECOMMENDATION The Preservation Officer recommends granting the appeal of the decision of the Public Works Director, and allowing the removal of eight Bishop Wood trees, as they are an invasive species and the proposal will replace them with shade trees that are native to Florida. January 5, 2010 ITEM 2 ADDENDUM TO HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD STAFF REPORT NAME Miami Senior High School ADDRESS 2450 SW 1st Street SUBJECT OF TREE REMOVAL APPEAL Appeal of the decision of the Public Works director not to issue a tree removal permit for eight bishopwood (Bischofia) trees located on the public right-of-way, at SW 3rd Street between SW 24th and SW 25th Avenues. APPLICANT Zyscovich Architects; Miami Dade County School Board PURPOSE OF THE ADDENDUM The following notes explain the content of two Miami - Dade County regulations that address prohibited species. Lastly, Chapter 17 of the Miami City Code, which governs HEP Board actions, is included for your review, in an effort to further explain the classification of the bishopwood tree. ATTACHMENTS EXCERPTS FROM CHAPTER 24 OF THE MIAMI DADE COUNTY CODE OF ORDINANCES: Section 24-49. entitled: "Permits for tree removal and relocation, improperly issued permits, violation of permit conditions, exemptions from tree removal permits, mortgagee exemption from liability. Section 24-49 (4) (f) states in part Removal of any of the following tree species (provided the activity is not within a natural forest community, in which case a permit shall be required, but all application and permit fees shall be waived by the Department): (iv) Bischofia javanica (bishopwood) Section 24-49.9 (1) "Prohibited Plant Species" states in part If present on a development site [prohibited plant species] they shall be removed prior to development, and their sale, January 5, 2010 Addendum to Miami Senior High Report ITEM 2 propagation, planting, importation or transportation shall be prohibited. Excerpt from the Miami -Dade County Landscape Manual This manual gives a list of prohibited species, and includes the Bishopwood tree. EXCERPT FROM THE CITY OF MIAMI CODE OF ORDINANCES, CHAPTER 17 "Environmental Preservation" In addition to section 8.1 of the Zoning Code, Chapter 17 is the City of Miami's guide to the process of obtaining tree permits, and the designation of environmental preservation districts. Please note Section 17-37 (c) which lists "undesirable exotic species," and includes the bishopwood tree. EXCERPT FROM SECTION 8.1 OF THE ZONING CODE "Tree Protection" Please note that in Section 8.1.5 "Criteria and Conditions for tree removal," 8.1.5.1 (c) encourages the removal of exotics and their replacement with native trees. 8.1.6.3 explains that the removal of prohibited species (with two exceptions) can be accomplished without a permit, and will not require any fees. ARTICLE BY JULIA MORTON ENTITLED "NOBODY LOVES THE BISCHOFIA ANYMORE" from the Proceedings of the Florida State Horticultural Society, 1984 Julia Francis McHugh Morton (April 25, 1912 — September 10, 1996) was an American author and 'botanist. She was research professor of biology, and director of the Morton Collectanea at the University of Miami. She was elected a Fellow of the Linnean Society of London in 1974. Well-known as a lecturer on toxic, edible and otherwise useful plants, she wrote 10 books January 5, 2010 Addendum to Miami Senior High Report ITEM 2 STAFF RECOMMENDATION and 94 scientific papers, and contributed to an additional 12 books and 27 papers. In this fascinating article that mentions the "giants" of early Florida botanists, Mrs, Morton explains that initially the bishopwood trees that were introduced (1912) were highly regarded for their shade and beauty, that later (1926) Dr. Charles Torrey Simpson explained that the tree was a host for "smutty scale." Figure 2 on page 242 says this: The bishopwood tree is a prime host for several foliage diseases and pests, and sooty mold develops on honeydew excreted by scale insects. After reading these additional sources concerning the desirability of the bishopwood trees, the staff maintains its original recommendation, which was to grant the appeal from the decision of the Public Works Director, and issue the tree removal permit. 1 http://en.wikipedia.org/wiki/Julia_Morton January 5, 2010 Addendum to Miami Senior High Report