HomeMy WebLinkAboutR-15-0549City of Miami
Legislation
Resolution: R-15-0549
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00795ha Final Action Date: 12/10/2015
A RESOLUTION OF THE MIAMI CITY COMMISSION AFFIRMING THE MIAMI
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S DENIAL OF AN
APPEAL, BY LORETO DOUCET, OF A TREE REMOVAL PERMIT APPLICATION
BD15-006663-001 AT 3985 LOQUATAVENUE, MIAMI, FLORIDA; FURTHER,
PLACING CERTAIN CONDITIONS THAT MUST BE MET BEFORE ANY FUTURE
AFTER -THE -FACT PERMIT ON THE PROPERTY CAN BE OBTAINED FOR THE
PROPERTY LOCATED AT 3985 LOQUATAVENUE, MIAMI, FLORIDA.
WHEREAS, on July 7, 2015, the Miami Historic and Environmental Preservation Board ("HEPB")
adopted Resolution HEPB-R-15-049, denying an appeal of Tree Permit BD15-006663-001; and
WHEREAS, Habitus, LLC ("Appellant") filed an appeal pursuant to Section 17-8 of the Code of
the City of Miami, Florida, as amended; and
WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity
to be heard has been afforded to all parties and members of the public, there is competent
substantial evidence in the record to support denial of the appeal of the tree removal permit; and
WHEREAS, the Miami City Commission, after careful consideration of this matter, finds that the
stated grounds for the appeal, and the facts presented in support thereof, justify affirming the
decision of the HEPB; and
WHEREAS, for the reasons stated on the record at the public hearing, the City Commission
affirms the HEPB's denial;
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.
Section 2. The City Commission denies the appeal and affirms the decision of the HEPB as set
forth in HEPB-R-15-049, thereby denying the tree removal permit.
Section 3. The following conditions were approved by the City Commission regarding the appeal
to remove two (2) Ficus trees at the subject property:
1. A contribution in the amount of $25,000.00 shall be paid into the City of Miami's ("City") Tree
Trust Fund for the removal and replacement of the two (2) Ficus trees.
2. The appellant proffers to install fifteen (15) Mahogany trees within the City's right-of-way
located within Commission District 2. The 15 Mahogany trees shall be a minimum 3" DBH (4"
City of Miami
Page 1 of 2 File Id: 15-00795ha (Version: 4) Printed On: 4/13/2018
File Number: 15-00795ha Enactment Number: R-15-0549
desirable) and the cost, including installation by the Owner, shall be close to but not to exceed
$15,000.00. The installation of these trees and the location in which they will be planted is
subject for review and approval by the City prior to installation. In lieu thereof, the appellant
shall have the option of contributing $15,000.00 to the City's Tree Trust Fund.
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: 15-00795ha (Version: 4) Printed On: 4/13/2018