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Home My WebLink About10-22-15 CC Analysis and HEPB ResolutionStaff: QR Application Received: 5/29/15 CITY OF MIAMI PLANNING DEPARTMENT Staff Report & Recommendations To: Chairperson and Members Historic Environmental Preservation Board From: Quatisha Oguntoyinbo-Rashad Chief of Environmental Resources Applicant: Patrick & Loreto Doucet Appellant: Patrick & Loreto Doucet Subject Property: 3985 Loquat Avenue, Miami, FL 33133 Permit Application: BD 15-006663001 APPEAL This is an appeal of a decision rendered by the Planning Department's Environmental DESCRIPTION: Resources Division that requires the removal and replacement of two (2) Ficus aurea trees located, in part, on the subject property. ANALYSIS: The subject property is located in Coconut Grove in a T3-O transect zone on which a single-family residence is currently being developed. On May, 21st 2014, the owner submitted a Tree Permit Application, BD14-005738-001, for the removal of fourteen (14) trees in conjunction with the new construction. On August 18, 2014, the Tree Permit was issued authorizing the removals and the replacement with nine (9) trees on site. Said Tree permit included the preservation of eighteen (18) existing trees onsite, including two (2) Ficus trees sized at 50" DBH and 96" DBH., which borders 3981 Loquat Avenue. An appropriate Tree Protection Plan was submitted, in part of the application, to the Environmental Resources Division and approved. Said plan depicted a minimum seventeen (17) foot protection area, to remain undisturbed, around the two Ficus trees labeled 13 and 14 on the approved plans. On March 11, 2015, the subject property received a citation for the illegal removal of two (2) additional trees and the root pruning of three (3), totaling five (5) trees. The root pruning was as a result of the installation of a septic drain field approximately two (2) feet from the trunk of the Ficus trees and performed not in accordance with ANSI A300 standards. HEPB- June 29, 2015 Page 1 of 3 The City received a number of complaints and concerns regarding the condition and stability of the two (2) Ficus trees. On April, 30, 2015, a field inspection was conducted by the Environmental Resources Division to perform an assessment on the two (2) Ficus trees that were root pruned. A report with finding was prepared and place on file. An after -the -fact Tree Permit Application was submitted to the City on May 29, 2015 (BD15-006663-001) to meet compliance with the citations issued. A review of the application was completed, which included supporting documents such as a Boundary Survey, a Certified Arborist report prepared by Mr. Joe Rodriguez dated April 11, 2015 and photographs of existing structures prior to on site demolitions. Prior to rendering a decision, the Environmental Resources Division took into consideration the supporting documents provided, previous and recent root pruning performed on the two (2) Ficus trees by both abutting properties 3985 Loquat Avenue and 3981 Loquat Avenue, and current site conditions with the significantly large trees being located between two single-family residential structures. It is the decision of the Environmental Resources Division that the two (2) Ficus trees numbered 13 and 14 be removed and replaced in addition to the two (2) additional trees removed without a permit. The reasons for the required removals are as follows: 1. Prior to the recent root pruning, Ficus trees number 13 and 14 were rated in Fair condition in a Certified Arborist report prepared by Mr. Orlando Montero dated May 16, 2014. 2. Historically, the Ficus trees have received substandard root pruning, on both 3985 Loquat Avenue and 3981 Loquat Avenue, which is not in accordance with ANSI A300 Standards. Most recent root pruning, on the 3985 Loquat Avenue, took place two (2) feet away from the trunk of the trees, severing most of not all of its supporting roots. Similar root pruning was performed, historically, on 3981 Loquat Avenue. 3. Due to the installation of the drain field and existing conditions on the neighboring property, there are no large significant support roots existing nor is there sufficient room to establish and restore the anchoring stability needed for trees of these sizes. A destabilized trees increases the probability of failure which can pose a life safety concern to persons and property. In accordance with Sec. 17-6 Tree Replacement, of the City Code, Tree replacement chart. The tree replacement chart 17.6.1.1, shall be used to determine the total number and size of trees that shall be planted as replacement trees for all trees permitted to be removed. The replacement trees are based on the diameter in inches (DBH) of the trees to be removed. To determine the required replacement trees, calculate the total sum in inches of the diameters of all trees to be removed. This sum will result in one single number in inches that represents the combined total of the diameters of all trees to be removed. Diameter measurement shall be rounded up to the nearest inch. In accordance with the size specifications of the two (2) Ficus trees, the tree replacement options are as follows: HEPB- June 29, 2015 Page 2 of 3 Total diameter of tree(s) removed O (146" DBH total) Total number of replacement trees required (2" DBH minimum each; 12' minimum height) OR Total number of replacement trees required (4" DBH minimum each; 16' minimum height) 1 Quantity of On -site replacement trees or Quantity of Off. -Site* replacement trees 50 or 25 2 Or Tree Trust Fund Contribution $50,000 or a combination of all three *Applicants planting trees off -site must enter into an agreement with the City, as approved by the Planning & Zoning Department to plant the excess number of replacement trees on public property within the City Commission District of the subject property. APPEAL: The appellant has filed an appeal of the Intended Decision on the following grounds: The two (2) trees removed without a permit shall be replaced in accordance with the standards set forth in Chapter 17. The two (2) root -pruned Ficus trees should be preserved on site and restoration efforts shall be implemented and followed for future care. STAFF RECOMMENDATION: The Preservation Office recommends that the Appeal of Tree Permit Application BD15-006663-001 be Denied and the requirements set forth be fulfilled. HEPB-June 29, 2015 Page 3 of 3 File ID 15-00795 s °rick. an nvir n esolution: H P July 7, 2015 en re -049 alion I e HEPB.2 Mr, Todd Tragash offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD DENYING AN APPEAL BY LORETO DOUCET, OF A TREE REMOVAL PERMIT AT 3985 LOQUAT AVENUE, MIAMI, FLORIDA. Upon being seconded by Ms. Gary Hecht, the motion passed by a vote of 6-0: Mr, Timothy Barber Yes Mr, David Freedman Yes Mr. Gary Hecht Yes Mr. William E. Hopper, Jr. Yes Ms. Lynn B. Lewis Yes Mr. Hugh Ryan Absent Mr. Jordan Trachtenberg Absent Mr. Todd Tragash Yes Megan Schmitt Preservation Officer STATE OF FLORIDA COUNTY OF MIAMI-DADE ) Execution Date Personally appeared before me, the undersigned authority, Megan Schmitt, Preservation Officer of the City of Miarni, Florida, and acknowledges that she executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS " DAY OF -, 2015, e SY, mi Vt.) Print Notary Narne Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath Notary ublic State of Florida My Commission Expires: VANESSA TRUJILLO MY COMMISSION 0 FF 229944 EXPIRES: July 11, 2019 nded Thru Notary Public Undemiters