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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-01358 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO CEASE ANY AND ALL TREE REMOVALS WITHIN THE CITY OF MIAMI ON CORAL WAY BETWEEN SOUTHWEST 13TH AVENUE AND SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY ATTORNEY TO PURSUE ANY REMEDIES IN LAW OR IN EQUITY TO PROTECT THE TREE CANOPY IN THE CORAL WAY SCENIC TRANSPORTATION CORRIDOR FROM HARM. WHEREAS, Coral Way, between Southwest 13th Avenue and Southwest 37th Avenue, Miami, Florida, is designated a Scenic Transportation Corridor pursuant to Senate Bill 795, adopted June, 7, 1984, due to the characteristic beauty and historic topographical features of the large specimen Banyan trees that line Coral Way; and WHEREAS, the continuous dense canopy along the Coral Way Scenic Transportation Corridor has achieved iconic status and come to symbolize and lend distinction to the Coral Way district of Miami; endowing it with natural beauty in the midst of an urbanized setting and adding significantly to place recognition and property values in the general area; and WHEREAS, these Banyan trees even survived the devastating effects of Hurricane Andrew in 1992 and took years to recover their full canopy to their original splendor; and WHEREAS, the Florida Department of Transportation ("FDOT") wishes to remove up to 61 trees on Coral Way for their street improvement projects; and WHEREAS, any tree removal would sacrifice the lush canopy present at this time since no replacement tree would be of adequate height or canopy size; and WHEREAS, any unauthorized tree removal by the FDOT in the Coral Way Scenic Transportation Corridor would be in violation of Chapter 17, Article II, of the Code of the City of Miami, Florida ("City Code"), which requires the Historic Environmental Preservation Board approval via a certificate of approval and public hearing; and WHEREAS, the City Attorney is authorized to contact the FDOT and urge them to cease any tree removals and is also authorized to pursue remedies in law or in equity to protect the tree canopy in the Coral Way Scenic Transportation Corridor from harm; 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 fully set forth in this Section. City of Miami Page 1 of 2 File Id: 13-01358 (Version: 1) Printed On: 11/13/2013 File Number: 13-01358 Section 2. The Miami City Commission urges the FDOT to cease any and all tree removals within the City of Miami on Coral Way between Southwest 13th Avenue and Southwest 37th Avenue, Miami, Florida. Section 3. The Miami City Commission further authorizes the City Attorney to pursue any remedies in law or in equity to protect the tree canopy in the Coral Way Scenic Transportation Corridor from harm. Section 4. 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 (10) 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: 13-01358 (Version: 1) Printed On: 11/13/2013