Loading...
HomeMy WebLinkAboutAdditional Supporting DocumentationMGig Ai, s / Opf -Li2 The Grove Tree -Man Trust 2940 S.W. 30th Court Miami, FL 33133 NOTICE OF APPEAL January 17, 2013 RECEIVED PLANNING DEPARTMENT 13JABI7 PM2:46 To: Megan McLaughlin, Historic Preservation Officer Francisco Garcia, Historic Preservation Planner Johnny Martinez, City Manager / Lyn Westall, Office of the City Manager Dwight Danie, Office of the Clerk Orlando Diez, Director Code Enforcement J. Campa, Code Enforcement Haydee Regueyra, NET Director From: Jim McMaster, President, The Grove Tree -Man Trust Re: Notice of Appeal - Intended Decision Dated 1-7-2013, Plans Processing #BD12008100001 Applicant: FPL & McDonalds Corp. c/o Ampy Enterprises, Inc. Location: 1400 SW 8th Street, Miami, FL Dear Historic Preservation Officer, Planner and Board: This Intended Decision would allow the removal of a 30' high, 20" caliper and 24' spread Mahogany tree in the 1400 block of SW 14th Avenue that sits on private property adjacent to the right of way line. (The Intended Decision states that it is a 14" dbh Mahogany.) This Mahogany and an adjacent one are the only two trees in the 1400 block that create a canopy near the street. It is unfortunate that due to the actions of the property owner this tree has to be removed. The Grove Tree -Man Trust is appealing this Intended Decision due to the fact that FPL "accepted the fault" of damaging this tree instead of the property owner which meant that citations and fines were not issued and proper mitigation is not being required. The attached letter from Steve's Tree and Landscape Corp. states that the firm "has been hired to review the damages cause by FPL to the root system and canopy ..." of the Mahogany. His recommendation "is to completely remove the tree, due to the newly installed power pole and overhead wires for the new establishment. This tree is now wrong tree for this type of location. Also the cutting of the roots will insure a slow decline of this species." FPL has a franchise agreement with the City of Miami and can't be cited, fined or required to provide mitigation, The letter from Steve's Tree and Landscape Corp. doesn't say the tree is a hazard and needs to be removed now. It says that due to FPL's actions the tree is now the wrong tree for this type of location and will slowly decline. The fact is that the tree is a hazard and needs to be removed, It is hazard not because of the actions of FPL described above. It is a hazard due to the actions of the property owner's contractor after FPL completed its work when he used a backhoe to rip out the roots around the entire base of the tree in order to install a concrete sidewalk all around the base of the tree within 3' of the trunk. If you check 1400 SW 8th Street on Google Earth and look at the 14th Avenue side you will see that the two Mahogany trees adjacent to the sidewalk in the McDonalds parking lot are sited in landscape areas. If you visit the site today, after McDonalds redesigned its parking lot, you will find the damaged Mahogany garroted by a concrete sidewalk. The code allows for the removal of up to 25% of the roots without a permit. 100% of the Mahogany's roots were removed. For these reasons The Grove Tree -Man Trust appeals the Intended Decision dated January 7, 2013 for tree removal at 1400 SW 8th Street, Miami, FL, Plans Processing # BD12008100001 to the City of Miami Historic and Environmental Preservation Board. Copies of the Intended Decision and letter from Steve's Tree and Landscape Corp. are attached. Furthermore, The Grove Tree -Man Trust reserves the right to supplement this appeal letter with briefs or memoranda prior to the Historic and Environmental Preservation Board consideration of this appeal. (J"-i McMaster, President he Grove Tree -Man Trust 305-443-1312 Office of Code Cottli)liatice liltefzeled tleciston fo emavititi?elocatioti/Triintillitg of trees Plans processing#:SP /Pao •31 0 001 Property Location: / (100 Sw 3 The following Intended Decision has been rendered in accordance with Tree protection Article 17.1 The Intended Decision is for the Removal # of trees Relocation # of trees, Trimming # of trees Has been Approved Date 77 --7// 5 Code Enforcement Inspector: J. Campa All back-up documentation and information such as, reason for removal of tree, tree survey, tree disposition plan and mitigation/replacement plan regarding this intended Decision Call be obtained at the Office of Code Enforcement. 444 SW 2" Av 7" Floor Telephone: 305-416-258,1 This Intended Decision may be appealed to the Historic and ,nvironmental Preservation Board within. 10 calendar days from: - A written notice to appeal must he sent to the Preservation Officer at the City of Miann Planning Department at 444 SW 2 Ave. 3r1 FI,Alituni Florida 33130, in accordance with Article 1 7.8 of the Tree Protection Ordinance -Chapter 17of the City of Miami Code Tree Location Sketch Disposition Street Lf ewe Miti ation jyli /,),,i,temvail t-'." ' 9 ,,,, v ,(- ( 40.1 ,,.,-,,,,f i.) _±a.)__' . . _ Steve'sTree and Landscape Corp. P0.Box 970J23 Miami, R33197 To whoun, it rnay concern: our firm has been hired to review damages caused byRPL to the root system and canopy of Mahogany tree , 3Qfeet inheight, ZD"caliper and 24'spread located along 14ave. just south of8th street southwest . Our recommendation after our review is to completely remove the tree, due to the newly installed power pole and overhead wires for the new establishment. This tree isnow wrong tree for this type oflocation . Also 'the cutting ufthe roots will insure aslow decline ufthis species . Please forward your mitigation requirements assoon aspossible 'ifany .VVedid notice there were a lot of n�v nice looking natives being planted on site . Any further questions please feel free to contact medirect. @p7X6'251'7440� Sincerely ` / ~~ ' � Arburist FL,B43-A Steve'nTree and Landscape Corp. P.O.Box 970223 Miami, F|33197 305-233-0699 To whom it may concern: Our firm has been hired to review damages caused by FPLtothe root system and canopy of Mahogany tree , 3Ofeet inheight, 2[Y'caliper and 24'spread located along 14ave.just south ofQth street southwest . Our recommendation after our review is to completely remove the tree, due to the newly installed power pole and overhead wires for the new establishment. This tree isnow wrong tree for this type of location . Also the cutting of the roots will insure a slow decline of this species . Please forward your mitigation requirements as soon as possible, ifany .Wedid notice there were lot nfnew looking natives being planted on site . Any further questions please feel free to contact me direct @ 786-251-7440. Sincerely, ^ teve Mori OA Arbor�t, � F Florida Power & Light Company, 122 SW 3rtl Street, Miami, FL 33130 Phone: 305-377-6012, Fax: 305-377-6010 FPL Juvenal-Santana City of Miami Code Enforcement 444 SW 2nd Avenue Miami, FL 33130 Re: Trees trimmed on McDonalds property v/o 1400 SW 8th Street Dear Mr. Campa: Durin a recent construction job to bring new service to a McDonald's Restaurant upgrade on SW r Street and 14th Avenue in Little Havana, FPL had to perform trimming to mahogany trees on the East side of the property in question. The trimming was necessary in order to set and frame the pole which will be proving new service to this restaurant. Also, the existing canopy of the tree was already heavily encroaching into the existing aerial lines - any further growth into these lines would have adversely affected the reliability of dozens of commercial and residential customers in the area. In summation, FPL would not have been able to serve McDonalds with the new transformer bank if this new pole could not have been set, thus had to perform trimming to these trees. If any questions arise, please contact me at 305-377-6012. Regards, Robert LLodra Senior Engineer Miami Central Service Center Miami, FL 33130 an FPL Group company on 11 •a s October 4, 2012 City of Miami Building Department Code Enforcement Section 444 SW 2nd Avenue, 6th Floor Miami, FL 33130 RE: McDonalds @ 1400 SW 8th Street Miami -Dade County McDonald'sCorporation 10150 Highland Manor Drive, Suite 470 Tampa, FL. 33610 (813) 630-9634 Fax: (813) 313-7040 To Whom It May Concern: This letter serves to request that the Mahogany tree located on SW 14th Avenue be permitted to be removed due to damage caused by FPL. Please contact me at 954-426- 5144 with any questions. Sincerely, Jose Villar, Area Construction Manager McDonalds Corporation STATE OF FL RIDA COUNTY .6a.,,,JkieD The foregoing instrument was acknowledged before me this day of October 2012 by Jose Villar, Area Construction Manager for McDonalds Corporation on behalf of the corporation, who is personally known and did not take an oath. My Commission Expi •N rf•••• KRISTEN FERRETTI 14 Commission # EE 087981 t 411t• 6 Y' ° flooded Nu Troy Fdn hv:tzncn - ' i^•7019 McLaughlin, Megan From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Sent from my iPhone Begin forwarded message: Campa, Jose Wednesday, February 20, 2013 11:56 AM McLaughlin, Megan Fwd: McDonalds / 1400 SW 8 Street FW: McDonald's Restaurant / 1400 Southwest 8th Street; ATT00001.htm Follow up Flagged From: Villar Jose <Jose.Villar@us.mcd.com> Date: February 19, 2013, 3:58:44 PM EST To: "JlCampa@miamigov.com" <JlCampa@miamigov.com> Subject: FW: McDonalds / 1400 SW 8 Street Jose', Per our conversation below is the tree mitigation resolution as approved by Ted Baker.,. THXI Jose' M. Villar Area Construction Manager McDonald's USA, LLC - Florida Region I 0 150 highland Manor Drive, Suite 470 Tampa, FL 33G 10 Mailing Address: 5 15 Gondoliere Av Coral Gables, FL 33 I 43 Cell: 305-202-4078 EFax: 305-5 13-5835 Office: 305-662-7146 From: Villar Jose Sent: Tuesday, February 19, 2013 12:37 PM To: 'Oguntoyinbo-Rashad, Quatisha' Cc: Nagger, Regina; Baker, Edward; Angel-Capo, Jessica; Diez, Orlando; iorgeir©yagarconstruction.com Subject: RE: McDonalds / 1400 SW 8 Street Hi Quatisha, This is to inform the City of Miami of McDonald's intention to select Southern Blossoms as the landscaper to plant the Little Havana McDonald's mitigated trees at the Little Haiti Soccer Park, per attached plan. In addition, Jorge Garcia/Yagar Contractors, a McDonald's approved contractor; will contact Southern Blossoms to execute their proposal and have them proceed with the planting phase. Furthermore, the City Code Compliance Dept. needs to contact Mr. Jim McMaster @ Grove -Man Trust to inform him of this tree mitigation resolution in order to cancel the public hearing. Feel free to call me if you have any questions. Jose' M. Villar Area Construction Manager McDonald's USA, LLC - Florida Region 101 50 Highland Manor Drive, Suite 470 Tampa, fL 33610 Mailing Address: 5 1 5 Gondoliere Av Coral Gables, FL 33 I 43 Cell: 305-202-4078 Sfax: 305-5 13-5835 Office: 305-662-7146 From: Oguntoyinbo-Rashad, Quatisha [mailto:Q0guntoyinbo-Rashad(amiamigov.com] Sent: Thursday, January 31, 2013 12:25 PM To: Villar Jose Cc: Hagger, Regina; Baker, Edward; Angel-Capo, Jessica; Diez, Orlando Subject: McDonalds / 1400 SW 8 Street Good afternoon Jose, As a follow-up to our verbal conversation, following are the tree replacement options for the removal of the Mahogany tree located at the subject property: Tree replacement options Total diameter of tree(s) to be removed (20" total) Total number of replacement trees required (2" DBH minimum each; 12' minimum height) OR Total number of replacement trees required (4" DBH minimum each; 16' minimum height) 1 On -site or Off -Site* replacement trees 16 (minimum of 2 species) or 8 *Applicants planting trees off -site must enter into an agreement with the city, as approved by the Public Works or Parks department, to plant the excess number of replacement trees on public property within the city commission district of the subject property. If you are opting to plant the replacement trees off -site, the contact person(s) for Publics Works and Parks are: Regina Hagger (Public Works) 305.416.1749 Ted Baker (Parks ) 305.416.1387 Please forward us a copy of the agreement once it is met. If you have any questions, please contact me. Regards, Quatisha Oguntoyinbo-Rashad City of Miami ( Code Compliance Field Supervisor North 1305.329.4820 2 "Committed On Delivering Excellence" The information contained in this e-mail and any accompanying documents is confidential, may be privileged, and is intended solely for the person and/or entity to whom it is addressed (i.e. those identified in the To and "cc" box). They are the property of McDonald's Corporation. Unauthorized review, use, disclosure, or copying of this communication, or any part thereof, is strictly prohibited and may be unlawful, If you have received this e-mail in error, please return the e-mail and attachments to the sender and delete the e-mail and attachments and any copy from your system, McDonald's thanks you for your cooperation, 3 SOW E RN B LOS,I 22150 SW 147 Avenue MIAMI, FL. 33170 PHONE: 305 234 3356 FAX: 305 234 8386 February 12, 2013 Jose' M. Villar Area Construction Manager McDonald's USA, LLC - Florida Region 10150 Highland Manor Drive, Suite 470 Tampa, FL 33610 Mailing Address: 515 Gondoliere Av Coral Gables, FL 33143 Cell: 305-202-4078 EFax: 305-513-5835 Office: 305-662-7146 Ref: Jose M. Villar McDonald- Tree Mitigation BID PROPOSAL/CONTRACT SOUTHERN BLOSSOMS is pleased to submit the following BID PROPOSAL/CONTRACT for our professional services for the required tree mitigation. We will provide all labor, materials and equipment necessary for the installation of the below listed trees that were tagged by City of Miami Parks and Recreation following the Specifications of Section 02900 Tree + Palm Planting. Scope of Work: • 16 EA / Coccoloba diversifolia / Pigeon Plum — 12' ht x 6' spr x 2.5 caliper DBH — 60 gallon $400.00ea $6,400.00 • Watering maintenance 30 days after completion of planting $8.00ea $128.00 The installation of the sixteen (16) specified trees at Little Haiti Soccer Park will be coordinated by and through Ted Baker, FASLA, Landscape Architect, Parks Administration. c; ire Jose M. Villar - McDonald- Tree Mitigation February 12, 2013 Page 2 of 2 Method of Payment to be determined upon agreement of bid proposal Total amount of contract is $6,528.00 (Six Thousand Five Hundred and Twenty Eight Dollars with 00/100 cts), to be paid as follows: 50% Deposit in the amount of $3,264.00 (Three Thousand Two Hundred and Sixty Four Dollars with 00/100 cts). Remaining balance in the amount of $3,264.00 (Three Thousand Two Hundred and Sixty Four Dollars with 00/100 cts) to be paid upon completion of project. Checks should be made payable to: SOUTHERN BLOSSOMS. Interest at the highest lawful Rate of interest per annum. and collection costs, including reasonable attorney's fees, will be charged on past due accounts. This PROPOSAL/CONTRACT may be withdrawn if not accepted within 30 days from this date, ACCEPTANCE OF THIS PROPOSAL/CONTRACT This PROPOSAL/CONTRACT is satisfactory and is approved. You are authorized to do the work as specified above. Payment will be made as shown above. Authorized Signature: Date: Carmen Mendez-Mackesy: Date: SOUTHERN BLOSSOMS ttt--ttner 5eVe g • r e�F GO/., V t (TLl PO I LDI Nei kt rLAr` (rto rL r' ,A,Pnrnor'g vArr-o-ve N-r� GrrtA np msta e - tept aril r r cf I'"r."-tom -F rr_rc-Acrrcr* �AL.E %g :10" ��-'"'R' -• _ram .: -�:s tiztao-== rye csep _ - • '-`EEOAx;arE=L¢r}KiiZCPI�-F-mod �EF� o y 0 0 Plans processing#:flp 0760M 10 b / Property Location: / S 3 57' The following Intended Decision has been rendered in accordance with Tree protection Article 17.1 The Intended Decision is for the Removal # oftrees Relocation # of trees Trimming # of trees Has been Approved Date 777//3 Code Enforcement Inspector: J. Campo All back-up documentation and information such as, reason for removal of tree, tree survey, tree disposition plan and mitigation/replacenzent plan regarding this Intended Decision can be obtained at the Office of Code Enforcement. 444 SW 2nd Av 7" Floor Telephone: 305-416-2581 This Intended Decision may be appealed to the Historic an, d nvironmental Preservation Board within 10 calendar days from: / /3 A written notice to appeal must be sent to the Preservation Officer at the City of Miami Planning Department at 444 SW 2 Ave. 3rd Fi, Miami Florida 33130, in accordance with Article 17.8 o1 the Tree Protection Ordinance -Chapter 17of the City of Miami Code Tree Location Sketch Dis osition Street )it owe Miti ation 70 (7161k,,,?)4p I No 3,01 ((- PL) fp S1v.or Eut6v,onad 1 dix D" Jose Villar Area Construction Manager McDonald's USA, LLC 10150 Highland Manor Drive, Suite 470 Tampa, FL 33610 813.630,9634 Fax 8'13.621.4073 Voice Mail 813.31 3,7000 Box 456,,'4 c 305.202.4078 f-mail Jose.villar@us.mcd .rom ,,rt sUH �x ����s�..��