HomeMy WebLinkAboutSubmittal-Wendy Francois-Email re 2958 Bird Avenue AppealBegin forwarded message:
Submitted into the publicoi
record or it mis)
on City Clerk
From: jmcmglades@aoLcom
Subject: Re: 2958 Bird Ave - HEPB Resolution Appeal - Meeting
Date: October 7, 2016 at 3:45:56 PM EDT
To: wlessbergkonk gmail.com
Cc: goquntoyinbo a�[-7,miamigov.com
Mr. Konig,
I apologize for the delayed response. Went to my brother's to help him with hurricane
preparations and to help break everything down after the storm passed. We all really lucked
out.
Thank you for requesting that public works allow you to bow the sidewalk around the oak tree
on the Jackson Avenue side of the property. My understanding is that in the revised plans,
which will include the bowed sidewalk, you are also including "all details regarding the location
and materials to be used in the construction of the driveways and walkways near the
tree." Please include in the plan the exact location of the underground utilities and any
fences/walls and gates proposed for the area within 20 feet of the trunk of the oak tree. Thank
you.
The Grove Tree -Man Trust is always willing to discuss our concerns regarding plans for tree
removals, mitigation and how proposed development will impact tree(s) proposed to remain
and work towards an agreement. In this case you and I met for more than an hour, reviewed
your plans and walked the site four months ago. We have talked over the phone four or five
times and emailed many times over the past four months. What is needed now are plans that
can be reviewed by the Trust that have been approved by the city and are acceptable to you. it
doesn't do anyone any good for the two of us to come to agreement on something and then
find out that Environmental Resources or public works has a problem with it. It may be
something as simple as requiring a different species, spacing the trees differently or replacing
canopy trees with palm trees. Certain materials may not be acceptable to the city for use in
sidewalks or driveways. We need to find out what is acceptable to the city before the Trust
reviews the plans and we meet.
Please forward the revised plans to me after the city has approved them. Thank you.
Jim McMaster, President
The Grove Tree -Man Trust
305-807-8090
In a message dated 10/4/2016 11:50:10 P.M. Eastern Daylight Time, wlessbergkoniqAgmail.com writes:
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Submitted into the public
record ftor ite (s) rLa on t 11:1 I It City Clerk
Good evening Mr. McMaster,
I have been informed by the City of Miami of your recent appeal to the HEPB's resolution denying
your previous appeal to the City's intended decision for a tree removal permit.
It is unfortunate that having been very close to an agreement during the hearing, the opportunity was
finally missed due to the HEPB's decision.
After reading your appeal it appears to me that there is good reason to believe that an agreement is
still possible.
If I recall correctly, you said during the hearing that your were prepared to accept the landscape plan
designed by my landscape architect, Mr. Herbert Martin, that 1 had sent you before the
hearing. Should you still be of the same opinion, I would gladly submit this plan
with whatever modifications we may agree upon to Environmental Resources for their review and
approval.
With respect to your concerns about the protection of the remaining oak tree on the Jackson side of
the property, we have obtained the approval from Public Works to bow the sidewalk away from the
tree. Environmental Resources has given their support to the proposed plan that is being finalized by
my architect for preliminary approval by PW. The plan contains all details regarding the location
and materials to be used in the construction of the driveways and walkways near the tree. Once the
plan is complete I wilt forward to you.
I would like to propose to you to have a meeting at the City of Miami, with the presence of Mrs.
Quatisha Oguntoyinbo-Rashad (she would be there for consultation and not to mediate in any form)
next Wednesday, October 12, to revise the proposed landscaping plan as well the meandering
sidewalk plan in order to reach a compromise.
1 strongly believe that there is much to be gained by meeting and discussing the above mentioned.
l would very much appreciate if you could advise your time availability for next Wednesday.
Thank you.
Best regards,
Walter Lessberg-Konig
Lincoln Grove Holdings LLC
Cell: (305) 788-3638
Begin forwarded message:
From: jmcmglades@aol.com
Subject: Re: 2958 Bird Ave - intended Decision/Appeal - Meeting
Date: September 7, 2016 at 10:05:06 PM EDT
To: wlessbercikonig@gmail.com
Cc: goguntoyinbo@miamigov.com, KBrudzinski(miamigov.com
Mr. Konig,
Submitted into the publie��
record fo ite (s)
on City Clerk
The Grove Tree -Man Trust (Trust) is dedicated to preserving the tree canopy of Coconut Grove.
When reviewing the impact of a development on the canopy we look at which trees can be
reasonably retained on site and if there are mitigation trees how many and what species can be
reasonably mitigated on site. In early June 2016 we met, reviewed your plans for 2958 Bird
Avenue, and then walked the property. I informed you then that the Trust had no objection to
you removing and mitigating the oak tree on the Bird Avenue side of the property but that the
Trust would require that certain actions be taken to ensure that the oak tree on the Jackson
Avenue side of the property wasn't damaged irreparably by the construction. Our concerns
included but were not limited to the location of underground utilities, requesting that the City
of Miami allow you to bow the sidewalk away from the tree and the location and materials
used to construct the two driveways and walkways near the tree.
On 6/9/16 you wrote an email to me, cc'ing Mr. DeLoach of the City of Miami, recapping some
of the Trust's concerns. You wrote that: "3) A pair of notes from the projects architect regarding
location of sewage lines connecting to street hook-up as well as a description of the method of
construction of driveways will incorporated in the Landscaping Plan in order to provide assurances of the
necessary protection for the root system of a large live oak tree located on the Jackson avenue side of
the property."
On 6f30/16 you wrote an email to Mr. DeLoach cc'd to me stating: "I believe Mr. McMaster still has some
concerns about the mitigation of the trees that I hope you will be able to address with him."
"He also expressed his concern about the protection of the root system of a large Live Oak tree on the
Jackson Av side of the property."
"1 will be meeting with the architect this afternoon to incorporate some notes onto the proposed
landscaping plan that will detail the safeguards to be taken when installing the sewage and water
lines that connect to the utility's hook-ups in order to protect the root system of the above -mentioned
tree.
11
The Grove Tree -Man Trust still has not received any of the information regarding oak tree #29 on the
Jackson Avenue side of the property that we've been asking for and promised since early June. Until
we receive this information we are unable to complete our review of your proposed tree disposition
and mitigation plan.
Jim McMaster, President
The Grove Tree -Man Trust
305-807-8090
In a message dated 9/7/2016 9:36:18 A.M. Eastern Daylight Time, wlessbergkoniQ(amail.com writes:
Good morning Mr McMaster,
We are just 2 days from the hearing and we simply have no more time to go back and forth with emails.
As I stated to you from day one, my intention has been and is to reach an agreement that will allow you
to withdraw the appeal to the City's intended decision.
Submitted into the pubtic
record fpr it m(s) II, 71L
on ] i 1,11 . . City Clerk
From your cornments an the newly proposed plan it appears that you would no have major objections. So
the obvious question is whether this plan is acceptable to The Grove Tree -Man Trust.
Given the time constrain, I would like to propose a meeting with you, the Environmental Resources
Department and myself to try reach a final agreement on this case.
If you agree to that, would you please provide Mrs. Quatisha Oguntyinbo with your availability today and
tomorrow,
Thank you,
Walter Lessberg-Konig
Cell (305) 788-3638
Begin forwarded message:
From: Walter LK <wiessbergkonig(a7gmail.com>
Subject: Re: 2958 Bird Ave - Intended Decision/Appeal - New Landscape Plan
Date: September 6, 2016 at 11:48:01 AM EDT
To: jmcmolades@aol.com
Cc: goguntoyinbot'7a.miamigov.com, DDeLoachmiamigov.com
Mr McMaster,
I have consulted the landscape architect about your question about the species of Livistona. His
response is:
"There are other species of Livistona. Livistona decipiens, Ribbon Palm, & a lesser known/lesser
available Livistona australis, Australian Ribbon Palm."
1 hope this answers your question.
Thank you,
Walter Lessberg-Konig
On Sep 5, 2016, at 11:33 PM, jmcmglades@aoi.com wrote:
Mr. Konig,
I apologize for the delayed response. The Grove Tree -Man Trust has reviewed your proposed
tree mitigation/ landscape plan for 2958 Bird Avenue. We have some questions.
During our last phone conversation I think you told me that the 14 mitigation trees labeled
Livistona chinensis /Chinese fan palm are another species of Livistona. If that is correct, what
species are they?
Submitted into the pt.ihlic
record f ite s) _--__-[,
on C,ltr
You are proposing to install trees in the 5'side yards of the four units. Please send us the east
and west elevations of the two buildings in order to confirm that there are no eves, overhangs
or projections of the buildings that extend into this 5' space.
We have discussed in detail the importance of protecting Live Oak #29. At our first meeting I
requested that you seek permission from the Department of Public Works (DPW) to curve the
sidewalk away from the oak tree. This is routinely done in the City of Miami, especially in
Coconut Grove. The sidewalk on the plans runs along the property line. Did the DPW reject your
request to bow the sidewalk out away from the oak? Have the DPW and the Zoning
Department approved a waiver to allow the construction of the four driveways as depicted on
the proposed tree mitigation/ landscape plan?
Where will the underground utilities be located? This was also discussed at our first meeting.
In order to be able to determine the impact of the proposed development on Live Oak #29 we
need detailed plans of the south end of the property that include the driveways, walkways,
fences and any proposed improvements that may impact the oak tree. Thank you.
Jim McMaster, President
The Grove Tree -Man Trust
305-807-8090
In a message dated 9/5/2016 3:51:10 P.M. Eastern Daylight Time, wlessberokonio cz dmaii.corn writes:
Mr McMaster,
I have not received any feedback yet on the new landscaping plan sent to you last Thursday afternoon.
Given that we are just 3-4 days away from the date of the hearing, I would appreciate if could provide The
Grove Tree -Man Trusts comments so as to try to move the process forward.
Please advise on when you will be sending this information.
Thank you,
Walter Lessberg-Konig
Cell: (305) 788-3638
On Sep 1, 2016, at 6:48 PM, jmcmaIades@aoi.com wrote:
Mr. Konig,
Received and passed on for review and comment. Thank you. Will write you a more detailed email later
this evening.
Jim McMaster, President
The Grove Tree -Man Trust
305-807-8090
Submitted into the publicci
record fcr item(sti I'
L. tt
on City Clerk
In a message dated 9/1/2016 3:03:11 P.M. Eastern Daylight Time, wlessbergkoniq@gmaii.com writes:
Good afternoon Mr.McMaster,
As per my last email below, please find attached a draft of the redesigned landscaping plan.
I apologize for the delay. This was due to computer technical difficulties that the landscape architect has
been experiencing since yesterday. As soon as he resolves this, I should receive an email from him
with an explanation of the logic behind the new design. I will forward this you as soon as I receive it.
You will notice that this new design reduces the number of trees as well as their size and includes a
contribution to the City Tree Trust to fully meet the mitigation requirements.
I sincerely hope that we will be able to use this plan as the basis for a final version that will satisfy The
Grove Tree -Man Trusts concerns of a more sustainable mix of species and sizes on the site.
I look forward to the Trusts comments.
Thank you,
Walter Lessberg-Konig
Cell: (305) 788-3638
From: Walter LK <wlessbergkoniq{c gmaii.com>
Subject: Re: 2958 Bird Ave - Intended Decision/Appeal -Update
Date: August 31, 2016 at 11:46:27 AM EDT
To: jmcmcrlacies@aol.com
Cc: goquntoyinboCc_miamigov.com, DDeLoach@miamigov.com
Mr. McMaster,
I believe the landscape architect should have an opportunity to present his revised plan to the people who
are going to review it and engage in a productive dialogue with them in order to reach common ground
and reach an agreement during such meeting. I feel that we do not have sufficient time to start going back
and forth between them and the landscape architect.
However, in the spirit of cooperation and our willingness to find a solution, I will be emailing the plan later
this afternoon so that you can forward immediately to the The Grove Tree -Man Trust members for review
and comment.
The architect is currently doing some final revisions an the plan based on my discussion with him earlier
this morning. He expects to be sending it to me today at around 3pm-4pm. As soon as I receive it I will
email it to you.
Thank you,
Walter Lessberg-Konig
CeII: (305) 788-3638
Begin forwarded message:
Submitted into the public
record f r ite (s) L, 71
on l / in 6 . City Clerk
From: imcmglades cx aol.com
Subject: Re: 2958 Bird Ave - Intended Decision/Appeal -Update
Date: August 30, 2016 at 1:20:06 PM EDT
To: wlessberdkonid gmail.com
Cc: goguntoyinboamiamigov,com, ❑DeLoach@miamigov.com
Mr. Konig,
As noted below the fastest way to do this is for you to forward the revised landscape plan to me via
email as soon as you receive it. I will pass it on to Trust members immediately for review and comment.
After their review and comment, which will take a day, I will be happy to meet with you and the landscape
architect on -site to go over the revised plan. I am able to meet any afternoon or evening this week that is
convenient with the two of you.
Jim McMaster, President
The Grove Tree -Man Trust
305-807-8090
In a message dated 820/2016 12:10:36 A.M. Eastern Daylight Time, wlessbergkonigta7gmail.com writes:
Mr. McMaster,
should have the new landscaping plan by tomorrow Tuesday.
In the interest of time and in order to keep things simple l propose (as I had originally done already
in the email below dated August 18) that we have a meeting during which the landscape architect
can present the plan to The Grove Tree -Man Trust members and we can discuss whatever changes
and modifications may be necessary to reach a final agreement at that very moment.
I would very much appreciate if you could arrange for such a meeting for Wednesday or Thursday.
This would allow us to possibly submit the agreed landscaping plan to the City of Miami by Friday
and that way give the Environmental Resources Department sufficient time to review and approve
the plan before the hearing next week.
I look forward to hearing from you.
Thank you,
Walter Lessberg-Konig
Cell: (305) 788-3638
Submitted into the pubfic
record fg.rite () „ t
on 1 b f � I b • City Clerk
On Aug 27, 2016, at 9:47 PM, jmcmglades@aol.com wrote:
Mr. Konig,
When your landscape architect sends you the new landscape plan please email it on to me so I can send
it to Trust members for review and comment. After their review and comment, which should only take a
day, 1 will be happy to meet with you and the landscape architect on -site to go over the new plan. I am
able to meet any afternoon or evening next week that is convenient with the two of you.
Jim McMaster, President
The Grove Tree -Man Trust
305-807-8090
In a message dated 8/25/2016 10:49:17 P.M. Eastern Daylight Time, wlessbergkonio a�7.gmail.com writes:
Good evening Mr. McMaster,
I wanted to give you update on the status of the revised landscaping plan and coordinate a meeting with
you for early next week,
As per our last conversation, I have hired a landscape architect that is currently working on a new
landscaping plan that will address The Grove Tree -Man Trust's concerns as expressed on the appeal of
the City's intended decision. He has already visited the site and is working diligently in trying to finalize a
first draft as quickly as possible.
The architect expects to have the plan ready for your review between this coming Monday or Tuesday at
the latest.
Given that we have not much time before the hearing, I would like to meet with you next Tuesday so that
the landscape architect can present and explain his proposed plan to you in order to have a discussion
that will allow us to craft an agreement that can be presented to the City for review and approval as early
as possible.
I would very much appreciate if you could let me know your availability for next Tuesday.
Thank you again.
Best regards,
Walter Lessberg-Konig
Cell: (305) 788-3638
Begin forwarded message:
From: Walter LK <wlessberokoniota?gmail.com>
Subject: 2958 Bird Ave - Intended Decision/Appeal -Update
Date: August 18, 2016 at 9:11:20 AM EDT
Submitted into the public
record f r itc ' 21
011 10 ` �� i h . city' cicr1k.
To: "oguntoyinbo-Rashad, Quatisha" <aocuntovinbo(miamigov.com>
Cc: jmcmglades(a+aol.com
Good morning Quatisha,
1 would like to inform you that Mr. McMaster and I had a lengthy phone conversation last evening in
which we discussed a roadmap to help us try to find a solution to this case before the date of
the hearing at the HEPB.
We agreed on the following:
a) I will be engaging a landscape architected to evaluate the current design and how to best address
the The Grove Tree -Man Trust's concerns of an inadequate number of trees at the site.
b) Immediately upon completion of a first draft of the revised landscaping plan it would be presented
to The Grove Tree -Man Trust for their feedback and opinion. This resulting discussion should pave
the way for a final mutually agreed landscaping plan acceptable to both parties.
c) Upon completion of a final draft of the newly redesigned landscaping plan it would be presented to
your Department for review and approval.
d) Should this plan receive your Department's approval, I would kindly request a meeting with you
and Mr. McMaster to discuss the different alternatives to have this matter resolved before or at the
HEBP hearing in order not to further delay the issuing of the tree permit as per the Intended
Decision.
I would appreciate your comments and feedback regarding this roadmap.
Thank you very much for all your help with this case.
Kind regards,
Walter Lessberg-Konig
Begin forwarded message:
From: Walter LK <wlessbergkoniQ( gmail.com>
Subject: Re: 2958 Bird Ave - After-the-Fact/Tree Removal permit Intended
Decision App...
Date: August 17, 2016 at 4:39:49 PM EDT
To: jmcmg1ades(a3aoi.com
Will do. thank you!
On Aug 17, 2016, at 4:22 PM. jmcmgladesa aol.com wrote:
Mr. Konig,
Please call me at 6:30 PM. Thank you.
Jim McMaster, President
The Grove Tree -Man Trust
305-807-8090
Submitted into the public
record f r ite j(s) , Lt
on 10 I1,1 I s t1 City Clerk
In a message dated 8/17/2016 3:35:13 P.M. Eastern Daylight Time, wlessbergkoniq gmail.com writes:
Mr. McMaster,
Thank you for your prompt response to my voicemail. I really appreciate it.
1 am available to speak any time after 6pm today.
If you can, please let me know an approximate time so that I can make sure I'll have a quick access to a
quite location to be able to speak without any noise or disruption.
Look forward to talk you this evening then.
Best regards,
Walter Lessberg-Konig
On Aug 17, 2016, at 1:25 PM, irnemglades[a7aol.com wrote:
Mr.Konig,
Just picked up your voice mail. Can't speak this afternoon but can speak this evening. What time are you
able to speak this evening?
Jim McMaster, President
The Grove Tree -Man Trust
305-807-8090
From: wlessbergkonig(a,gmail.com
To: jrncmglades aC?aol.com
CC: ddeloach(c�miamigov.com
Sent: 619/2016 11:36:11 A.M. Eastern Daylight Time
Subj: 2958 Bird Ave - After-the-Fact/Tree Removal permit Intended Decision Appeal
Dear Mr. McMaster,
First of all I wanted to thank you for the meeting that we had earlier this week to discuss The Grove Tree -
Man Trust's concerns regarding the city's Intended Decision at 2958 Bird Avenue for the removal and
mitigation (including 25 alms after the fact).
Submitted into the public
record foist ite( t. tU
on 1 � n j lb . City Clerk
I wanted to let you know that yesterday I met with Mr. Daviwlesssd DeLoach from Environmental
Resources to precisely discuss all the issues that you had expressed to me regarding this matter.
As as result of this discussion and thanks to Mr DeLoach' suggestions and expert advice I feel very
confident that I will be able to address all your concerns with a solution that will satisfy The Grove Tree -
Man Trust.
Let me briefly recap the main items:
1) After -the -Fact Mitigation for the removal of Gumbo Limbo without a permit. The mitigation requirements
will be added to the ones of the original 25 palms. (Mr. DeLoach has already informed of the precise
requirements).
2) A revised Landscaping Plan will be submitted to Environmental Resources for their review. This plan
will propose a less "crowded", more balanced tree area in the back of each one of the 4 townhomes that
will allow for more space for the trees to grow and thrive.
3) A pair of notes from the project's architect regarding location of sewage lines connecting to street hook-
up as well as a description of the method of construction of driveways will incorporated in the
Landscaping Plan in order to provide assurances of the necessary protection for the root system of a
large live oak tree located on the Jackson avenue side of the property.
I believe these are your primary concerns as far as l understand. Please let me know if l have forgotten
any.
I already have my arborist/landscaper working on a revised landscaping plan that will incorporate the
necessary changes mentioned above.
As soon as I have a preliminary draft I will contact you so that you provide your feedback.
I am working diligently so that we can everything agree upon and submitted well before the next HEPB
Hearing on July 5.
Please confirm that you have received this email. Thank you.
Best regards,
Walter Lessberg Konig
Cell: (305) 788-3538