HomeMy WebLinkAboutStaff ReportITEM 3
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
STAFF REPORT
NAME Tree Removal Permit Appeal
ADDRESS 1400 SW 8 Street
PROJECT DESCRIPTION Appeal of an application for tree removal
ANALYSIS The subject property is located in the heart of Little Havana on Calle
Ocho, and is a recently reconstructed fast-food restaurant. As part of the
reconstruction of the property, FPL upgrades and site work by the
property owner were performed that are cited as having had a detrimental
on one of two Mahogany trees fronting the sidewalk along SW 14th
Avenue.
A letter from a certified arborist hired by FPL states that the mahogany
tree is 20" in caliper, and that it should be removed because it conflicts
with a newly installed power line and power pole. The letter also states
that the cutting of the roots that occurred will result in the slow decline of
the tree, however it does not state the responsible party for the cutting of
the roots.
An intended decision to remove the tree was posted by Code
Enforcement on January 7th, 2013, stating that a 14" dbh mahogany
would be removed due to damage by FPL, and that it would be mitigated
with one (1) silver buttonwood that was a minimum of 12' in height and 2"
dbh.
Appeal
The appellant has filed an appeal of the tree removal permit because
they do not believe that FPL should be permitted to accept the blame for
damaging the tree, because FPL has an agreement with the City of
Miami and cannot be cited, fined, or required to mitigate for damage to
trees. The appellant believes that the tree was damaged (and therefore
rendered hazardous) by the property owner and the property owner
should be held accountable for all required citation, fines, and proper
mitigation.
In accordance with Chapter 17 of the City Code, if a tree "is diseased,
injured or in danger of falling; interferes with utility service; creates unsafe
vision clearance; or is in danger of materially impairing the structural
integrity of an existing structure" it may be removed with proper
mitigation. The required mitigation fora 14" dbh tree is six (6) 12' tall, 2"
dbh trees, and the required mitigation for a 20" dbh tree is eight (8) 12'
tall, 2" dbh trees.
Since the submittal of the tree appeal, the property owner, the Code
Enforcement Officer, the appellant, and the Parks Department have
worked together to create an off -site mitigation plan for the tree removal.
The proposed mitigation plan will plant sixteen (16) new pigeon plum
trees that are 12' tall and 2.5" dbh in at Little Haiti Soccer Park, a City -
owned and maintained property.
March 5, 2013
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ITEM 3
RECOMMENDATION
The Preservation Office recommends that the Appeal of the Tree
Removal Permit be Approved with Conditions because the original
Tree Removal permit may not have met the intent and the requirements
outlined in Chapter 17 of the City Code.
The Conditions are as follows:
1. The tree removal permit shall be updated to include the agreed -
upon off -site mitigation plan to plant 16 pigeon plums at Little
Haiti Soccer Park.
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.
March 5, 2013
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