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FACT SHEET
A NEW LANDSCAPING PROJECT WILL BEGIN IN YOUR AREA
I. 40S610-4-57-01
Begins: November 2013
OVERVIEW Zo
On Monday, November-1-1- he Florida Department of Transportation (FDOT) is scheduled to begin a
landscaping maintenance project that extends along SR 972/Coral Way/SW 22 Street from SW 37 Avenue to SW 13
Avenue.
WORK TO BE PERFORMED
• Landscaping
• Trimming trees
• Removing damaged and diseased trees
PROJECT SCHEDULE
November 2013 —January 2014
HELPFUL TIPS
AFFECTED MUNICIPALITIES
C ;:y of Micimi, City of Coral Gables
ESTIMATED CONSTRUCTION COST
$ 150,000
LANE CLOSURE AND DETOUR INFORMATION
Lane closures ,ill occur only during non peak hours on
non-event days/nights/weekends. Non -peak hours
are:
• 9:00 a.m. to 3:30 p.m. weekdays and weekends
• 9:00 p.m. to 5:30 a.m. Sunday through Thursday
nights
• 11:00 p.m. to 7:00 a.m. Friday and Saturday nights
Submitted Into the public
record in connection I t i
'tn rig.5- oni1121f1
• Allow extra time to reach your destination Priscilil A• Thor p on;
• Obey all posted signs and speed limits City CIer
• Watch for signs with information about upcoming work and traffic conditions
ALWAYS PUT SAFETY FIRST
For your safety and the safety of others, please use caution when driving, walking or biking around any construction
zone. Wearing a safety belt is the single most effective way to protect people and reduce fatalities in motor vehicle
crashes. The department takes steps to reduce construction effects, but you might experience the following around
the work site:
• Side street, traffic lane and sidewalk closures
• Increased dust and noise
• Workers and equipment moving around the area.
Please note that this schedule could change due to bad weather or other unexpected conditions.
FOR MORE INFORMATION
L
For more information, please contact Project Engineer Anthony Sabbag at (305), or Public
Information Specialist Cari Mesa at (305) 640-7441 or Caridad.Mesa@dot.state.fl.us.
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For re'i-rin e tralfit ini':'rrnatic211 dial 511 of /isit:
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10U0 NW 111 AVENLIt MIAMI, FL 33172
FACT SHEET
A NEW LANDSCAPING PROJECT WILL BEGIN IN YOUR AREA
FIN# 105610-5.52-01
Begins! November 2013
PROJECT LIMITS: SR 972/Coral Way/SW 22 Street from SW 37 Avenue to
SW 13 Avenue
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Submitted Into the public
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Item 170 5 IIM
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Priscilll A. Thompson
City -Cleric
Follow us on Twitter @MyFDOT_Miami
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wwwidotmiamidade:thiiii'
For time traffic InformaIion diar 511 or visit:
FDOT
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1000 NW 111 AVENUE MINA, FL 33172
I
" CITY QF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO
Honorable Miller J. Dawkins
City Commissioner
mom: Jo ge aL. rnandez
City At o ey
DATE :
SUBJECT :
REFERENCES:
ENCLOSURES :
December 22, 1988 FILEMIA-88-76
Request for Legal Opinion;
Coral Way Banyan Trees
Resolution No. 88-1212
This is in response to your request For a legal opinion
wherein you asked substantially the following question:
WHETHER ALL STATE Or FLORIDA PREREQUISITES
FOR REMOVAL OF TREES ON CORAL WAY, PURSUANT
TD CITY COMMISSION RESOLUTION NO. 88-1212,
HAVE BEEN SATISFIED?
The answer to your query is in the affirmative.
At the City Commission meeting of December 15, 1988, you
asked "What is the ruling from the State of Florida on the moving
of Banyan Trees on Coral Way?" In response, Assistant City
Attorney, Joel E. Maxwell, stated that the State of Florida had
deferred to the City on the matter of tree removal inasmuch as
Coral Way is a Scenic Corridor protected by the City's. Heritage
Conservation Board. Thus, the City's regulations would govern.
On June 7, 1984, the State of Florida designated Coral Way
as a State Historic Highway. Ch. 84-379, Laws of Fla., (the
"Act"). The Act provides, inter alia, that:
Section 2. Coral Way is hereby
designated as a state historic highway. No
state funds shall be expended by any public
body or agency for any of the following
purposes:
(1) To cut or remove any tree having a
diameter at its thickest part in excess of 6
inches within 35 feet of either side of the
paved surface or the median of Coral Way, or
to engage in an activity which requires the
removal without replacement of such a tree;
(2) To alter the physical dimensions or
location of Coral Way except for the addition
of primary or secondary roads intersecting
the limits of Coral Way.
%Ubmfitted Into the pubiia
record in Itsrn PAL
non�� �
Prlsci4t? ��1etic
Honorable Miller J. Dawkins December 22, 1988
City Commissioner Page 2
Nothing in this act shall be construed to
prevent the ordinary maintenance and repair
of Coral Wav, provided the physical
dimensions and location of Coral Way are
preserved, nor to prevent any work that is
necessary for the public health or safety as
determined by the agency having jurisdiction
over the portion of Coral Way involved. The
term "ordinary maintenance" means those
activities necessary to preserve the existing
traffic patterns including left turn lanes
and median crossings and to accommodate the
volume of traffic operating on Coral Way on
the effective date of this act. However, the
preservation of Coral Wav and the median
landscaping take priority over considerations
of traffic management, and the public safety
shall not be construed to require alterations
in Coral Way or the median landscaping when
alternative means of promoting safety,
including more restrictive traffic
regulations, are available.
Section 3. Prior to the performance of
any work necessary for the public health or
safety that requires removal in its entirety
of any tree within the median of Coral Way,
the agency having jurisdiction aver the
portion of Coral Way involved shall hold an
advertised public meeting to present findings
of fact necessitating said work and removal
of trees.
Section 4. The provisions of this act
shalt not supersede a more restrictive law,
ordinance, or regulation already in the
effect or taking effect after the effective
date of this act. . ."
Ch. 84-379, §§2, 3 and 4, Laws of Fla. (Emphasis supplied.)
' The City of Miami has jurisdition over the subject area of
Coral Way. On September 20, 1984, the City of Miami adopted
Ordinance No. 9897 designating Coral Way as an Environmental
Preservation District and Scenic Transportation Corridor. As an
Submitted Intd the public
record in connecti, n with}}
%tern �W 5 on i f I II 3,
PriscilhA. A. Thompsort
City -Clerk
Honorable Miller J. Dawkins December 22, 1988
City Commissioner Page 3
Environmental Preservation District ("E.P.D.") trees on the
street are under the auspice of Chapter 17 of the Code of the
City of Miami which sets forth procedures, standards and criteria
for tree removal in E.P.D.'s. MIAMI, FLA., CODE §§17-4, 17-6,
17-8 and 17-11. Said regulations are more restrictive than
Florida Law 84-379 and provide for properly noticed quasi-
judicial determinations by the City of Miami Heritage
Conservation Board ("HCB") prior to tree removal activity in any
E.P.D., including Coral Way. MIAMI, FLA., CODE §§62-72 (5) and
17-4.
All action by the HCB on issuance of a Certificate of
Appropriateness, which is required for tree removal in an E.P.D.,
require a noticed public hearing. MIAMI, FLA., CODE §17-3.
Consequently, the Coral Way tree removal activity was the subject
of a properly noticed public hearing by the Miami Heritage
Conservation Board on October 25, 1988. Said notice included,
newspaper publications, mail, and posting, as well as a courtesy
notice to the state. (See Attachments 1 through 11, hereto). As
a result of that meeting the HCB adopted Resolution No. HB--88-76,
granting, with amendments, the applicant's request to relocate
certain Banyan trees currently on Coral Way.
The HCB's approval was appealed to the City Commission by
the City's Planning Department and the City Commission held a
properly noticed (Miami News, December 2, 1988) public hearing on
the appeal on December 15, 1988. Resolution No. 88-1212,
authorizing, with conditions, the tree relocation manifests the
City Commission's decision on that appeal.
The City of Miami Code provides, inter alia, that:
The City Commission may affirm, modify, or
reverse (the Heritage Conservation) Board's
decision. The decision of the City
Commission shall constitute final
administrative review and no petition for
rehearing or reconsideration shall be
considered.
MIAMI, FLA., CODE §17-15. (Emphasis supplied.). The City
Commission's action modified the UCH's decision. See Resolution
88-1212.
Clearly, pursuant to section 4 of Chapter 84-379 of the Laws
of the State of Florida, the City was empowered to adopt more
Submitted into the public
record in connection i q
. 9rri1 _on I1I
PrisciILl A. Thomp ►op
City"Cler
Submitted Into the public
record in connection Op
,tarn on i (J
Priscill,A. A. Thomp6oN
CityCierk
Honorable Miller J. Dawkins December 22, 1988
City Commissioner Page 4
restrictive regulations relative to protection of scenic highways
within its jurisdiction than provided for by the state Act.
First, the subject tree relocation activity does not involve the
expenditure of state funds. Second, as evidenced by the
attachments, hereto, it is abundantly clear that the City held
properly noticed public hearings by the Heritage Conservation
Board and City Commission on the subject tree relocation
activity.
Chapter 17 of the City Code, by virtue of its nature and
composition, superseded Chapter 84-379, Laws of Florida, inasmuch
as said City Code regulations, standards and criteria for tree
removal activity in an Environmental Preservation District, such
as Coral Wav, are far more extensive and restrictive. Thus,
afford greater protection to the environment and due process
rights of the public.
Until judicially or legislatively determined otherwise, this
Office is of the opinion that Chapter 84-379 has been superseded
by City regulations, and the City, by virtue of having properly
followed procedures outlined in Chapter 17 of the City of Miami
Code, also satisfied State regulations. Thus, tree relocation
activity on Coral Way authorized by City Commission Resolution
No. 88-1212 on December 15, 1988, has been properly reviewed and
authorized pursuant to law and should be allowed to proceed.
Prepared by:
•
J,�e E. Maxwell
`As. istant City 4.ttorney
JLF/M/db/M146
Attachments
„ /I
CC:
Reviewed by:
Honorable Mayor Xavier L. Suarez (w/attach.)
Honorable Vice Mayor Victor De Yurre (w/attach.)
Honorable Commissioner Rosario Kennedy (w/attach.)
Honorable Commissioner J.L. Plummer (w/attach.)
Cesar H. Odio, City Manager (w/attach.)
Sergio Rodriguez, Director, Planning Dept. (w/attach.)
Joseph McManus, Heritage Conservation Officer (w/attach.)
Sara Eaton, Historic Preservation Planner
Planning Department (w/attach.)
Debbie M. Orshefsky, Esq. (w/attach.)
Joe Wilkins, President
Miami -Roads Neighborhood Civic Association (w/attach.)
11/1enee4 $e:48
OF FLORIDA
a,pprdved by the Governor May 31, 1984.
foiled in Office Secretary of State May 31,
CHAP';EA 84-79
senate Bill No. 795
LEGISLATIVE LIBRARY
CHAPTER el-376 . •
Submitted Into the publi
lsearecord in connection vy
19m (114 5 on i 1 /1
PrisciPq A. Thomp
An dCt relating to the designation of state historic
highways; designating Coral Way in Dade County as a state
historic highway; providing a definition; providing
restrictions on the removal of trees from said highway;
restricting alterations to the physical dimensions Or
location of the highway; providing for a public meeting
prior to the removal of trees under certain
circumstances; providing for the erection of suitable
markers; providing an effective date.
WHEREAS, in 1919 Mr. A. D. Barnes, an employee of Dade County,
ertook the project of beautifying the then barren and unde•reloped
r+bliaway from 5w 15th Road to Ste J7ch Avenue known as Coca; way, and
awXERSAS, on independence Day, I.'9, the firr.t banyan trees were
planted on both sides of Coral Way, thereby establishing the first
u e of flow.: trees as a continuous roadside landscape design in South
F ion ida, end_
laiEFEAS. to 1938. when the streetcar tracks were removed from the
median o1 coral Wey, the tanyan trees ve re relocated to a continuous
mdeian landscaping thereby creating the unique =hr,racter, forth, and
stale of Coral Way, and.
i•W14EAEAS . it is the finding of the Legislature Ghat Coral way
siruld be preserved in order that preser.t and future residents of
F]ryrida may enjoy.its benefits, vfra, TMt:PEP-ORE,
Be It Enacted by the Legislature of the State of Fiorida7
Section 1. AG used in this act, "Corsi Way" mean, Chase portions
df coral Way and 3rd Avenue located between SW 37th Avenue .and
Pp4.erstate 95, in Dade County.
II Section 2, Coral way is hereby designated as a/stete historic
highway. No state funds shall be expended by any public baby or
1Pency for any of the follow ng purposes:
Ili To cut cr remove any tree having a diameter al its thickest
,part in excess of 6 inches within 35 feet of either side of the paved
subface or the median of Coral way, cr to engage in an activity which
rieiliire5 the removal without replacement, of such a tree;
(21 To alter the physical dimensions or location of Cora! Bray
except for the addition of primary or secondary roads intersecting
t.hle Limits of Coral Way
Nothing in thaw act shall be construed to prevent the ordinary
Maintenance and re?air o: Coral way, provided the physic-31 rJlr.ensi•nns
And location of Coral way are preserved, nor to prevent any work that
5
Cltytle
PAGE 84
11/1Fi/2Pit34 08:4e
850-488-9879
Pp fir• RS
CHAPTER. 84-379 LAMS OF_FLORIDA _ Ct1M7`ER 84-372
is necessary for the public health or safety es determined by the
agency having jurisdiction over the portion of Coral Way involved,
The term "ordinary maintenance" means those activities necessary to
preserve the existing traffic patterns including left turn lanes end
median crossings Arid to accommodate the volume of traffic operating
an Coral Way an the effective date of this act. however, the
preservation of Coral Way and the median landscaping take priority
over considerations of traffic management, and the public safety
shall not be construed to require alterations in Coral Way or the.
median landscaping when alternative means of promoting safety,
including more restrictive traffic regulations, are available.
Section 3. Prior to the performance of any work necessary for Ole
public health or safety that requires removal in its entirety of any
tree vithin the median of Coral Way. the agency having jurisdiction
over the portion of Coral Way involved shall hold an advertised
public meetit+g to present findings of fact necessitating said work
and removal of trees.
LEGISLATIVE LIBRAPY
section 4. The provisions of this act shall not supersede a nlor4
restrictive lawordinance. or regulation already in effect or taking
effect after the; effective date of this act.
Section 5.. The Division of Archives, N.tstory, and Records
Management of the Department of State shell provide for the erection
of suitable markers on and along Coral Way.
Section 6. This act shall take effect upon becoming a law.
Approved by the Governor June 7, 1984.
Filed in Office Secretary of State June 7, 1904.
CHAPTER 84-380
House bill No. 1262
An act relating to water resources; providing legislative
intent; transferring to the Northwest Florida water
Management Distract the authority of the Dears Lakes Water
Management District to apply for permits for dencruction
of the Dead Lakes dam structure; requiring removal of
said den; providing an effective Gate.
Be 1t Enacted by the Legislature of the State of Florida:
Section 1. In accordance with state policy established by Article
1I, s. 7, of the Florida Constitution. the Legislature declares it to
be the intent of this act to promote the Conservation and protection
of the natural resources of this state.
section 2. (1) Control ❑f the Dead Lakes dem structure is hereby
transferred to the Northwest Florida Water Management District for
the sole purpose of the removal Of such dam. within 30 days after
the effective date of this act, the district shall make application
for parmit9 required to effectuate such removal from the following
agencies:
6 Submitted Into the public.
record in connection itr:
tern on i
PrisciP.A.. A. Thomp6or,
City Cleric