Loading...
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