The URL can be used to link to this page

Home My WebLink AboutHEPB Appeal Letter & Supporting DocumentsCORPORATE PROPERTY SERVICES, INC. 11 239 E. NEWPORT CENTER DRIVE • SUITE 1 1 3 • DEERFIELD B1V &ORIDA 33442 March 18, 2013 PLANNING DEPARTMENT' 13MAR19 PM3:10 Mr. Anel Rodriguez Deputy Clerk, Executive Secretary & Administrative Assistant 11 Planning and Zoning Hearing Boards Section City of Miami 444 SW 2nd Avenue Miami, FL 33130 RE: McDonald's 1400 SW Sth Street Miami, FL Appeal of HET' Board Ruling on Tree Mitigation Dear Mr. Rodriguez: During the recent construction of the new McDonald's restaurant, one of the Mahogany Trees along SW 14th Avenue was damaged by FPL. McDonald's submitted for a tree permit to remove the tree and was required to perform mitigation for the removal of a 20" Mahogany tree. McDonald's worked with Mr. Jose Campa, Code Compliance Inspector and Mr. Ted Baker, Landscape Architect Parks Administration, and agreed to plant 16 Pigeon Plum trees, 12 feet in height, with a 5 - 6 foot spread, at the Little Haiti Soccer Park. Mr. Ted Baker personally selected all 16 Pigeon PIum trees on February 27, 2013 from Bick Nursery in the Redland. Mr. Baker commented that the Pigeon Plum trees were some of the best looking trees he had seen for 45 gallon containers. Mr. Jim McMaster, The Grove Tree Man Trust, appealed the City's mitigation agreement with McDonald's. On February 22, 2013, Mr. McMaster indicated that he would withdraw his appeal if he received a letter from McDonald's on their letterhead detailing the fact that in consideration for withdrawing the appeal, McDonald's would provide the 16 Pigeon Plum trees as mitigation for the tree permit. McDonald's provided said letter on February 25, 2013 but the appeal was not withdrawn. On March 5, 2013, the HEP Board heard the appeal and approved the tree removal permit with the following conditions: 1. The tree removal permit shall be updated to include a mitigation plan to plant 16 Mahoganies or Live Oaks on public property, within the Commission District from which they are removed. 2. The agreed upon mitigation plan shall be amended to include an appropriate replacement tree at the location of the tree removal to provide shade for the sidewalk on SW 14th Avenue. The replacement tree shall match the two other street trees that have been recently planted at this address. (954) 423-51 44 - fAX (954) 570-3391 REGULATORY LA 0 USE CONSULTANT CERT1FI D GENERAL CONTRACTOR COO 044277 Mr. Anel Rodriguez March 18, 2013 Paget The 16 Pigeon Plum trees were delivered to the Little Haiti Soccer Park on March 5, 2013. The trees were then installed by Southern Blossoms on March 6, 2013. Mr. Baker inspected the completed work and provided McDonald's with a letter indicating the tree mitigation was satisfied. McDonald's was never informed that this appeal was being heard by the HEP Board and was not in attendance at this hearing. Mr. Baker also was never informed that the appeal was taking place and he did not attend the hearing either. We believe that if the City had provided McDonald's and Mr. Baker with proper notice of the hearing, they would have attended the meeting and the HEP Board would have had a better understanding of the situation: the trees were selected, paid for, delivered to the site and the installation was occurring the next morning. Jose Villar, McDonald's USA, LLC, received a phone call from Mr. Jose Campa, Code Compliance Inspector, immediately following the hearing to inform him of the HEP Board's decision. Jose Villar immediately sent out an email to Mr. Jose Campo, Mr. Ted Baker, and Mr. Orlando Diez indicating his surprise to the decision and requested the Mr. Campo communicate with Mr. Baker regarding any changes to the tree mitigation. Mr. Baker responded to the email that same evening, expressing surprise. He believed that this decision was due to an internal communication breakdown within the City. Furthermore, Mr. Baker indicated that the trees would be installed the following morning, March 16, 2013, as originally scheduled, with complete understanding of the Board's decision. As a result of the City's communication issues related to the HEP Board's decision, I would like to respectfully request an appeal to Condition #1 of the HEP Board's decision to allow the 16 trees already paid for and installed to stand as the final mitigation for the tree permit. McDonald's intends to comply with Condition #2. Thank you for assistance with this matter. Please call me if you have any questions. Craig McDonald Agent for McDonald's USA, LLC enclosure m Memorandum I o: Jose 1. Campa City ofMlam i Code Compliance Inspector From: Jose' M. Villar Area Construction Manager McDonald's USA, LLC Dale: February 25, 2013 RE: Little Havana McDonald's Restaurant 1400 SW 8'h Street Miami, FL FPL Tee Mitigation Resolution Master Permit# 125010340 Process# 110021251 Dear Mr. Camp& McDonald's USA, LLC Florida Region 10150 Highland Manor Drive, Suite 470 Tampa, FL 33610 (813} 630-9634 Fax: (813) 621-4073 This is to let you know that McDonald's Corporation and Mr.Ted Raker, City of Miami Parks Administration have agreed to resolve the tree mitigation issue in consideration of withdrawing the scheduled appeal. This tree mitigation resolution is part of the tree removal permit and will be fully coordinated by Mr.Baker with Southern Blossoms. Tree mitigation resolution is as follows: Replace existing 20" tree adjacent to FPL new utility pole along 14'h Av. with 16 —2" DBH 12'ft height minimum 2 species_ These trees will be planted by Southern Blossoms Landscapers, an approved City of Miami vendor., at Little Haiti Soccer Park as selected by Mr. Baker and the City of Miami Parks Administration Department. Feel free to call me if you need any other information. a Tag 4Thami JOHNNY MARTINEZ, P.E. City Manager Friday 8 March 2013 Mr. Jose M. Villar Area Construction Manager McDonald's USA, LLC — Florida Region 515 Gondaliere Avenue Coral Gables, Florida 33143 RE: McDonald's 11400 SW 8th Street Tree Mitigations Dear Mr. Miler: On Wednesday, 6 March 2013, Southern Blossoms completed the required Tree Mitigation plantings at Little Haiti Soccer Park, and I have personally observed and inspected the completed work. The trees installed included sixteen (16) Coccoloba diversifolia (Pigeon Plum), each measuring a minimum of twelve (12) feet in height, and having a spread of approximately five (50 feet to six (6) feet. I will meet with Southern Blossoms later today at the site, to oversee the pruning end shaping of these trees The Ctty of Miami appreciates the timely cooperation of you, McDonald's LLG, and Yagar Construction in addressing in a timely and efficient manner this Tree Mitigation requirement, and its contribution to the enhancement of an important community venue. Respectfully, Ted Baker. FASLA Landscape Architect Parks Administration DEPARTMENT OF PARKS AND RECREATION 444 S.W. 2nd Avenue, 8tFloor Miami, FL 33130 (305) 416-1300 Fax: (305) 416-2154 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 11 II 22150 SW 147 Avenue MIAMI, FL. 33170 PHONE: 305 234 3356 FAX: 305 234 8386 Final Release of lien State of l D ( ► G� q County of VA t A +ryt i To Whom it May Concern: Whereas the undersigned has been employed by Carmen's Landscape Designs, Inc. DfB/A Southern Blossoms to furnish Landscape related services for the premises located at ! W OD 5./0 5-r of which IG, J is the owner. The undersigned, for and in consideration of $ S,D8 • 00 (dollars) and other good and valuable considerations, the receipt whereof is hereby acknowledged, do(es) herby waive and release any and all liens or claim of, or right to lien. under the Statutes of the state of Florida, with respect to and on said above -described premise. and the improvements herein with respect to materials and tabor. Date J 4 i 3 Company Name: Carmens Landscape Designs, Inc. D/B/A Southern Blossoms Located at: 22150 SW 147-aenue Miaj, F . 33170 Signature:' �- Car'rnen Mendezresjden Witness: T (..— That there are no other contracts for said work outstanding, and that there is nothing due or to become due to any person for material, labor or any work of any kind done upon or in connection with said work other than state above. wom and subscribed before me this 1 - day of 00'6, 2013 by (10.14e-n! 46 i' OE1- who is personally k own. (WY J. NELSON C.)MMI.SSICN I FE 215221 F.XPI1KS: SeplemLNr 3O 2O16 1 •- skC iMu W.aly Falk [hulor 1W