HomeMy WebLinkAboutNeil D. Kolner Letter.:c;;:.:!v :[:
THE iE (.;!'('I'
1,10 -- 9 I t
0EPl. OF F�,�
November 8, 2009
Nell .D. Rainer
2420 SW Third Street'
Miami, Florida 33135-1411
305 631-1888
El1enUguccioni, Preservation Officer
City ofMiami'
/Ill SW 2nd Avenue 4th Floor
Miami, Florida- 3.3'130
2009 NOV - 9 AM 9: 01
RE: Notice of Appeal from the Oct. 30, 2009 Decision: Intent to Approve Tree Removal
Permit *09-428 Miami Senior 111211 School - SW 3 St Between Sw 24 Av & Sw 25 AT
Dear Historic Preservation Officer:
This is my formal Notice pursuant to the City of Miami's ARTICLE 8.1.8.1 TREE
PROTECTION Ordinance, (12636), to Appeal the October 30, 2009 posted decision of Intent to
Approve Tree Removal Permit for eight (8) trees in connection with the Miami Senior High School
renovations.' These are healthy, vibrant trees planted in the right ofway which provide a considerable
tree canopy with combined trunk measurement of 188" Diameter (DBH).
The reasons and .grounds for this appeal -opposing removal of these trees. are:
1. The proposed removal and destruction -of the lush tree canopy as requested is contrary to
the language, intent and purpose of the City of Miami TREE PRO 1'ECTION Ordinance in several
wa-vs. The, Ordinance. states:
.See..8:1.1 Intent.and purpose.
The intent of this article is to protect, preserve and restore the tree canopywithin
the City by regulating the removal, relocation and trimming of trees.
The purpose of this article is to assure that the design and construction of all
development activity is executed in a manner consistent with the preservation of
existing trees to the .greatest extent possible,
(Ord. No, 12636, .§ 1, 12-9-04) (emphasis added).
Therefore, the legislative goal is to protect, preserve and restore the tree canopy and
preservation of existing trees to the extent possible. The proposed tree removal violates this goal.
'This Notice of Appeal requires no fee as I am an owner of a property which abuts the
property for which the tree removal permit is sought.
RE: Notice of Appeal from the Oct. 30, 2009 Decision: Intent to Approve Tree Removal
Permit .#09-428.Miami Senior High School -SW 3 St Between Sw 24 Av & Sw 25 Av
Page 2 of 3
The reasonurged to remove these trees is that they are" prohibited species"and the Ordinance
does not require replacement for the removal of any .prohibited species. However, Miami -Dade
County says: "Now, if you find out that you have one of these in your yard, it is recommended you
remove them. But please plant some non-invasive trees in their place. You can even get free trees
from the County:s A:dopt-a-Iree.pro gram." http://w.ww,miamidade.govidermtprohibitedplants.asp
The reason these large .shade trees were first planted in the right-of-way decades ago is
because they provide a dense crown and lush shade - long before we knew they were a problem
to native _species':
Any permit authorized for .the removal of these trees .should be conditioned on the
requirement that at least:32 replacement trees (4" DBH minimum each; 16' minimum height)
from at least four species, or 320 shrubs as required for any other tree removal See: -Sec. 8.1.6.
Tree replacement.
2. The proposed removal of the trees fails to comply with: Sec. 8.1.5. Criteria and
.conditions .for:.tree .removal:and:•relocation:
Perhaps the:onlyar..guable criteria would be: "d. It is in the.general welfare ofthe pub11c that
the tree be removed for a reason other than set -forth above." As explained above, in the absence' of
a. requirement:.that.ihese^trees be:.repiaced; it:.is..simply.not in the..general.welfare o.fthe ;public"
3. The overall proposed redesign for SW Third Street is inconsistent with the residential
character of the neighborhood, Accordingly, allowing the removal of the ordyremaining shade trees
on the right-of-way would convert the existing tree -shaded canopied right-of-way into an industrial
parking lot. Indeed, the trees are planned to -be replaced with a school bus loading/unloading zone
toaccommodate up to 42. buses. http://www.zvscovich.com/proiect.cfru?pid=252#
The removal of the visual and ecological tree buffer, plus the exhaust .fumes, andparticulate
contamination from diesel fuel while the buses engines idle, is at odds with the residential character
ofthe neighborhood. Southwest Third Street is very narrow, and is a major emergency access route
for Miami Fire Rescue Station No. 7. Bus loading is not appropriate for this street. A logical
alternative for buses is much wider, more industrial SW 25h Ave, part ofthe school, not at the back.
'According to Miami -Dade County Prohibited Plant Species List,
http://www.miamidade.aov/dermlplant bishopwo od. asp These are large -trees to 70 feet or more
with a dense crown. Background: Bishopwood was introduced by E. N. Reasoner in 1912 as a
fast-growing shade tree for urban and commercial landscapes. The trees are sturdy and most
stood through Hurricane Andrew in 1992. It is susceptible to several foliage .diseases and pests
and has fallen from popularity. It is no longer grow in Florida for the landscape trade. The hard,
attractive wood is highly sought by local woodturners for making bowls, lamps, and other items.
RE: Notice of Appeal from the Oct. 30, 2009 Decision: Intent to Approve Tree Removal
Permit #09-428 Miami Senior high School -SW 3 St Between Sw 24 Av & Sw 25 Av
Page 3 of 3
The existing traffic speeds by, and proposed tree removal would widen the street to
accommodate 12 buses would encourage even more unsafe driving, which already makes it difficult
for residents to enter and exit their driveways. Despite the posted "school zone" many drivers fail to
observe the reduced speed limits. Removing the trees would also encourage yet more parking on this
stretch of SW Third Street, also inconsistent with the residential character of the neighborhood. The
additional traffic and parking will encourage more littering, and further degradation of property
values. Less tree canopy lowers property values. (Compare Coral Gables with Medley, for example).
With the recreational events at the baseball/soccer /football fields, we are already confronted
with parking and traffic seven days per week. The fields are used for school physical education games
and practices, marching band practice, cheerleading, extra -curricular games and practice as well as
neighborhood sports events. Sunday afternoons are sometimes busier than a school day. Expansion
is not necessary.
The plans apparently call for the removal of the existing (and recently installed) high chain link
fence that protects the neighboring residences from high -flying baseballs, which used to routinely
break car and house windows. We reported this to the school on several occasions, with petitions and
some of the thrown baseballs and they ultimately installed the high fence. This fence has assisted in
keeping unauthorized people from using and abusing the ballfields, but if removed will again draw
unwanted activities including dogs, bicycles, motorcycles and even cars destroying the expensive turf
maintenance. The school's sports department official, Mr. Suarez personally came to my home and
my neighbors to alert him of such unauthorized activities to preserve .the ballfields.
4. Removing these trees, removing the fence. and allowing 12 buses to load some 600
students twice a day on this narrow, busy street would be contrary to the character of the residential
neighborhood, .
Removing the trees and the high fence would encourage even more gathering of students,
strangers, and undesirables who congregate to park, use illegal drugs and/or intoxicants, carry on
sexual liaisons, burglarize other parked vehicles and otherwise disrupt and endanger the safety of the
neighborhood.
WHEREFORE, I make this appeal and without waiving any remedies, specifically request:
1) that no tree removal permit be issued; 2) that a public hearing be held on this application; 3) that
pursuant to Sec. `.1.5.2., the applicant be required to redesign the project to provide an alternate
plan, which sha include the preservation of these 8 trees, and appropriate design alterations so as
to preseyge or and the existing tree canopy.
ity Cork, Priscilla A. Thompson, CMC, 3500 Pan American Drive, Miami, Florida 33133
Public Works Dept, Regina Hagger, GIS Developer, 444 SW 2' Avenue - 4th Floor, Miami FL