HomeMy WebLinkAboutR-13-0157City of Miami
Legislation
Resolution: R-13-0157
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00242 Final Action Date: 4/25/2013
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL
FILED BY MCDONALD'S USA, LLC, OWNER (APPELLANT) AND REVERSING
THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD, WHICH APPROVED WITH CONDITIONS THE TREE REMOVAL PERMIT
APPEAL ON MARCH 5, 2013 BY A VOTE OF FIVE TO TWO (5-2), FOR THE
REMOVAL OF A TREE ON THE PROPERTY LOCATED AT APPROXIMATELY 1400
SOUTHWEST 8TH STREET, MIAMI, FLORIDA.
WHEREAS, the Historic and Environmental Preservation Board ("HEPB") is charged with the
responsibility of preserving, conserving, and protecting properties of historical, architectural and
archeological significance located within the City of Miami ("City"); and
WHEREAS, the applicable provisions of the Code of the City of Miami, Florida, as amended
("City Code"), provided in Chapter 17, Sections 17-4 and 17-5, the criteria/guidelines requiring that
the design and construction of all development activity be executed in a manner consistent with the
preservation of trees and other significant environmental features to the greatest extent possible; and
WHEREAS, an application was filed by Florida Power and Light for the removal of a tree on the
subject property at 1400 Southwest 8th Street, Miami, Florida; and
WHEREAS, the HEPB, at its meeting on March 5, 2013, Item No. 3, following an advertised public
hearing, adopted Resolution No. HEPB-R-2013-007 by a vote of five to two (5-2), to approve with
conditions set forth in "Exhibit A" to the HEPB Resolution an appeal of the tree removal permit; and
WHEREAS, pursuant to Chapter 17, Section 17-8 of the City Code, an appeal to the City
Commission has been taken by the Appellants, owners of the property located at approximately1400
Southwest 8th Street, Miami, Florida, on the grounds stated in their Notice of Appeal, filed on March
19, 2013; and
WHEREAS, the City Commission after careful consideration of this matter finds that the stated
grounds for the appeal and the facts presented in support thereof do justify reversing the decision of
the HEPB;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission reverses the decision of the HEPB, which approved with
conditions the appeal of a tree removal permit for the removal of a tree, and grants the appeal giving
City of Miami
Page 1 of 2 File Id: 13-00242 (Version: 4) Printed On: 8/29/2017
File Number: 13-00242 Enactment Number: R-13-0157
rise to this hearing. This particular tree removal permit is disallowed.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
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 Commission.
City of Miami Page 2 of 2 File Id: 13-00242 (Version: 4) Printed On: 8/29/2017