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Home My WebLink AboutAppeal to HEPBf The Grove Tree -Man Trust 2940 S.W. 30th Court Miami, FL 33133 ��yw ILU -PUNNING.CLOEVPARTM 2016AUG-5 PM48 NOTICE OF APPEAL OF INTENDED DECISION AT 2958 BIRD AVENUE FOR THE REMOVAL AND MITIGATION OF TREES INCLUDING 25 PALMS AND 1 GUMBO LIMBO AFTER THE FACT August 5, 2016 To: City of Miami Historic and Environmental Preservation Board Megan Schmitt, City of Miami Preservation Officer Francisco Garcia, Director, Planning & Zoning Department Quatisha Oguntoyinbo-Rashad, Chief Environmental Resources Daniel Alfonso, City Manager Victoria Mendez, City Attorney Todd Hannon, Office of the Clerk Madelyn Pacheco, Coconut Grove NET Administrator Commissioner Ken Russell, District 2 District Liaison Anthony Balzebre, District 2 From: The Grove Tree -Man Trust Re: Notice of Appeal of Intended Decision relating to 2958 Bird Avenue, Miami, FL 33133 Application: BD15-015711-001 & 16-166: REMOVAL AND MITIGATION OF TREES Location: 2958 Bird Avenue, Coconut Grove, Miami, FL 33133 Dear Historic Preservation Officer and Board: The Grove Tree -Man Trust (Trust) appeals the Intended Decision. The reason for the appeal is that the Intended Decision does not comply with Chapter 17, "Tree Protection", of the City of Miami Code. On May 25, 2016 the Trust appealed the Intended Decision issued on 05/17/2016 for Tree Permit Application BD15-015711-001 for removal and mitigation of trees at 2958 Bird Avenue. The appeal was scheduled to be heard by the Heritage and Environmental Preservation Board on July 5, 2016. The Trust was advised prior to the hearing that the Intended Decision had been withdrawn so the Trust withdrew its appeal. Intended Decision BD15-015711=001 & 16-166, which are being appealed today, are essentially the same application as BD15-015711-001 issued in May. It still does not comply with Chapter 17, "Tree Protection", of the City of Miami Code. Over a five day period in October 2015 the owner of 2958 Bird Avenue had a tree crew systematically cut down the majority of trees on the 13,680 square foot lot. On October 27, 2015 the City of Miami received a complaint about unpermitted tree removals at 2958 Bird Avenue. Inspector Point-du-Jour visited the site and issued a Ticket warning letter for failure to register the property for a blighted, unsecured or abandoned structure. He wasn't able to cite the property for tree removal due to the fact that it is surrounded by a chain link fence and he needed permission from the owner to access it. He did take pictures of the property. On October 30, 2015 I was in front of the property looking at what was left of the trees and ran into a gentleman who identified himself as the new owner. A few minutes later Daniel Sierra, Code Compliance Field Supervisor for the South District, arrived with an inspector and they met with the owner. In a subsequent email Mr. Sierra stated that "Please be advised that I visited the site this afternoon and met with Mr. McMaster and the owner of the property on site. The owner of the property was educated on the code and the permit requirements. I attempted to get access inside the property to determine exactly how many trees were removed without permits, but the owner advised me that he did not have the keys with him. I advised him that no more trees can be removed from his property without a permit. In addition to that, he was advised that once we are given access to the property and determine how many trees were removed from the property, he would be issued citations for those trees, and he will have to obtain an after the fact permit." Before leaving Mr. Sierra took pictures of the property. In spite of the fact that Mr. Sierra educated the owner on the code and the permit requirements the tree crew returned the next day, Saturday October 31, 2015, cleaned up the entire site and ground out every stump on the property in order to make it impossible to determine the total number and species of trees removed. On November 2, 2015 a certified arborist from Environmental Resources and an Inspector from Code Compliance were finally allowed onto the site. They were able to find the remains of 25 palm tree stumps under the soil and debris but no proof that any canopy trees were removed. The only reason we have proof that a Gumbo limbo had been cut down is that it appears in the pictures taken by Inspector Point-du-Jour but not in the pictures taken by Mr. Sierra. The Trust has appealed Intended Decisions where property owners were proposing to cram way too many trees on site and when little or no mitigation was proposed on site. One Intended Decision allowed a property owner to make a $30,000 contribution to the City of Miami Tree Trust Fund and to put no mitigation on site. In this case the property owner is trying to squeeze way too o many trees on the property. Mitigation trees are required in order to replace canopy that is removed. All proposed mitigation trees and palms should be spread out enough to be able to grow and thrive. The Grove Tree -Man Trust respectfully requests that the Board grant the appeal and deny the Intended Decision so that the plans can be revised to reduce the number of mitigation trees installed on site to ensure that all mitigation trees have room to grow and thrive. Any additional trees should be mitigated through a contribution to the City of Miami Tree Trust Fund. The Grove Tree -Man Trust also appeals the Intended Decision for the following reason. The appeal is that the Intended Decision does not comply with Chapter 17-4 (d), "Tree Protection", of the City of Miami Code. City of Miami Code section 17-4 (d) provides, in pertinent part, that the posting of the Intended Decision shall contain "a general description and location of the tree(s) on site to be removed or other action requiring the tree removal permit." (Italics added for emphasis) On June 7, 2016 the board heard the Trust's appeal of Intended Decision BD15-013307-001 for the property located at 3003 Emathla Street. In HEPB-R-16-032 the Board "UPHELD the appeal and DENIED the issuance of Intended Decision BD15-013307-001, without prejudice to the applicant refiling an application to remove the tree; provided there is proper notice and detail which trees are to be removed." It is the understanding of the Trust that in addition to Environmental Resources (ER) coming up with a way to include a tree survey/landscape plan with the Intended Decision notice for 3003 Emathla, when the applicant refilled the application, that the board requested that ER use the same type of 2 page posting for all future Intended Decision postings. Attached is the 2 page posting for 3003 Emathia Street issued on 6/23/2016 and the 1 page posting for 2958 Bird Avenue issued on 7/29/16. It is clear that ER has come up with a simple 2 page posting that will satisfy the concerns of the Trust and the concerns raised by many board members at the June 7th meeting. They aren't using it. By granting the appeal and denying the Intended Decision the Board will also ensure that the City will issue and post Intended Decisions in the future that comply with Section 17-4(d) and provide adjacent neighbors complete information via the on -site posting and the interested homeowner associations the information they need via email notification. The Grove Tree -Man Trust reserves the right to supplement this appeal letter with briefs or memoranda prior t o Historic and Environmental Preservation Board consideration of this appeal. im McMaster, President The Grove Tree -Man Trust 305-807-8090 jmcmglades@aol.com Date: 7/29/16 INTENDED DECISION PRIVATE PROPERTY I PUBLIC PROPERTY Application Number: BD15-015711-001& 16-166 Location: 2958 BIRD AV The following decision has been approved and is rendered in accordance with Chapter 17 Tree Protection of the City Code: General Description: Prohibited Species New Construction 1 After -The -Fact Proposed Tree(s) To Be Removed & Location: Seven (7) - Two (2) Live Oaks, Five (5) Christmas Palms [Center Lot] After The Fact Tree(s) Removed & Location: Twenty -Six (26) - One (1) Gumbo -Limbo, Twenty -Five (25) Alexander Palms ROW Tree(s) To Be Removed & Location: Four (4) One (1) Queen Palm, One (1) Sabal Palm, One (1) Live Oak, One (1) Mahogany Total Number of Replacement Trees: Sixty Eight (68) — Fifty (50) Palms, and Eight (18) Hardwoods All supporting documentation and plans providing a general description and location of the tree(s) on site to be removed or other action requiring the tree removal permit is available for inspection at the Department of Planning & Zoning/Environmental Resources Division, upon request. These documents include but are not limited to: Tree Disposition Plan; Tree Survey; Site Plan and Replacement Plan. For an appointment, please call at (305) 416-1551. This Intended Decision may be appealed by filing a written notice of appeal to the preservation officer within ten (10) calendar days after the date of the intended decision. The notice of appeal shall include the decision appealed from and the reasons or grounds for the appeal along with payment of any applicable fees. Written notices shall be submitted at 444 SW 2nd Avenue, 3rd floor, Miami, Florida 33130, in accordance with Article 17.8 of the Tree Protection Ordinance, Appeals must be received by: 8/8/16 I, Prni't 7 e being duly sworn deposes and says: '�` % I am a City Agent, employed by or acting on behalf of the City of Miami. On the 2t day of V 4 j� 2Q/6 I posted a copy of this Intended Decision. / Sworn to subscribed before me this • Q. y of , 20 C Signature of Affiant �a�- My commission Expires: Department of Planning anal Zoning / Environmental Resour 444 S.W. 2' Avenue, 3' Floor / Miami, Florida 33130 / (305) 416-1400/ EnvironmentalRes3.unaiarniagv,com P`p' SI ANNON MILLS • Notary Public - State of -Florida • Commission # FF 064514 My Comm, Expires Feb 25, 2020 Date: 6/23/2016 INTENDED DECISION PRIVATE PROPERTY Application Number: BD15-013307-001 Location: 3003 Emathla Street The following decision has been approved and is rendered in accordance with Chapter 17 Tree Protection of the City Code: General Description: Tree removal due to poor condition and new construction Tree(s) to be removed & location: One (1) Live Oak (#4) on east side of lot Tree(s) to be relocated & location: Two (2) palms on the north & south side of the lot Number of replacement trees: Six (6) hardwood trees on site In accordance with Resolution: HEPB-R-16-032, the Tree Disposition Plan showing the location of the trees is attached. All supporting documentation and plans providing a general description and location of the tree(s) on site to be removed or other action requiring the tree removal permit is available for inspection at the Department of Planning & Zoning/Environmental Resources Division, upon request. These documents include but are not limited to: Tree Disposition Plan; Tree Survey; Site Plan and Replacement Plan. For an appointment, please call at (305) 416-1551. This Intended Decision may be appealed by filing a written notice of appeal to the preservation officer within ten (10) calendar days after the date of the intended decision. The notice of appeal shall include the decision appealed from and the reasons or grounds for the appeal along with payment of any applicable fees, Written notices shall be submitted at 444 SW 2nd Avenue, 3rd floor, Miami, Florida 33130, in accordance with Article 17.8 of the Tree Protection Ordinance. Appeals must be received by: July 5, 2016 ?:Y` er` , being duly sworn deposes and says: I am a City Agent, employed by or acting on behalf of the City of Miami. On the„day of .30 YID'-- 2014> I posted a copy of this Intended Decisions� tt n to and subscribed before me this[ day ;ant_ , 20 Signature of Affiant My commission Expire ",•�. SHANNON MILKS „r w° Notary Public - State of Florida \e�.' Commission # PP 964514 ��,4,,;,F`'� My Comm, Expires Feb 25, 202Q tary Public, State o o 1 ' : a Department of Planning and Zoning/ Environmental Resources 444 S.W. 2' Avenue, 3° Floor / Miami, Florida 30130 / (305) 416-1400/ Environmen alRes@ni:unigov.com MITIGATION & RELOCATED TREE SCHEDULE NAiRe TREES 24 tonal EXISTING TREE DISPOSITION SCHEDULE ll 1 n¢Oak W.. Opm.w 10 * 25. 2 C¢v.. Gocosys9cat 51350.k P...m+#45 5 the. o.mt.,..t.. 375 m u. MMes m 2± 131.5. 0.52.5,552 143.0. Ormv1 M dmr.e wpowm 18 0.1.11.5. 5.5. 5 . 1. . _1$ m feir 19w.Mu O.x+.ilpk +M.me.>5. 5535552 255155:2Q15 f.i �210.55. 1250010 22Ai.ar• •tac+91 221.W.RFFm.v.0 ®<a oWt a cm..q a.s.n 552 27 S..3523 Wed TJuocan5.55.5 i®] ]5 555 2]cma.vam 25.. Pa. Feir 52 a. 1.5. ura 37 .5. Gm 1.3413 INCIST• Ch.. B3 Ps. l�.. 3rn..p.m. a s0. 555 as 55 a Oulete betrege.10571 S.w.-me.omes.. woxsmre A..n'..o.....d: Ak.. w.a 'a`3gr2..0.1 1A25*.saiyA102+ wn TREE PROTECTION DETAIL .1511303153,5555150.5535 7.7.1.15.755.0115550.00 3.522.n laeP 155. wr Rstale 35. 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