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Home My WebLink AboutO-08798MEA d 4/4/78 ORDINANCE NO 7 9 8 AN ORDINANCE AMEND NO MIAMI CITY CODE CHAPTER 64, ENVIRONMENTAL PRESERVATION, BY DELETING SECTION 64-4(f), SECTION 64-5(a) AND (e)(2), SECTION 64 ' 6 (c) (4) , SECTION 64- 7 (a) (2) , (4) AND (5), SECTION 64-8(a) AND (c)(3), SECTION 64-9 (b)(4), SECTION 64-12(e), SECTION 64-16 AND SECTION 64-17 AND BY ADDING THE FOLLO'WINC SECTION 64-4(f), SECTION 64=5(a) AND (e)(2) AND (7), SECTION 64-6(e)(4), SECTION 64-7 (a)(2), (4),(5), (6) AND (7), SECTION 64-8(a) AND (c)(3), SECTION 64- 9 (b) (4) , SECTION 64- 12 (c) , SECTION 64-16 AND SECTION 64-17; ALL TO TRANSFER THAT PORTION OF JURISDICTION OVER ENVIRONMENTAL PRESERVATION WITHIN ENVIRONMENTAL PRESERVATION DISTRICTS MOM THE 1311ILDING AND zoNING INSPECTION DEPARTMENT TO THE PLANNING bEPAPMENT: }3Y REPEALING ALL Ot INANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT: AND CONTAINING A SEVERABILITY PROVISION. WHEREAS, the City Manager recommends that Environmental Preservation within the Preservation Districts becomesthe function of the Planning Department instead of the function of the Building and Zoning Inspection Departit. WHEREAS, the 1977-78 budget includes Environmental Preservation as the function of the Planning Department; and WHEREAS, the Miami City Commission, after careful considera- tion, has deemed that the function of the Environmental Preservation is more properly placed under the jurisdiction of the Planning Department; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The following sections or portions thereof of the Miami City Code Chapter 64, Environmental Preservation, be and the same are hereby repealed; Section 64-4(f), Section 64-5(a) and (c)(2), Section 64-6(c)(4), Section 64-7(a)(2), (4) and (5), Section 64-8(a) and (c)(3), Section 64-9(b)(4), Section 64-12(c), Section 64-16 and Section 64-17. Section 2, New sections or portions thereof of the Miami City Code Chapter 64, Environmental Preservation, are hereby added to read as follows; 8t c, 54=4, Eh `it'of teft'tA1 p'e6etvati.ofi rtve i board, (f) Processing and recording of forms, Applications, etc, Processing and recording of Ali forms, appi.ications and tninutes shad be theresponsibility of the planning department, Sec. 64-5. Admit stta'tive assistant to environ- mental preservation review board, (a) Appointment, The director of the planning department shall appoint a member of the plannink department to serve as an adminis- trative assistant to the environmental preserva- tion review board (c)(2) The administrative assistant, upon receipt of proper application for tree removal within the designated Environmental Preservation Districts, shall review such application, which may include field check of the site and referral to other departments or agencies as necessary to determine any adverse effect upon the general public welfare. (7) Transmit to the Building and zoning Inspection Dept. a copy of tree removal certificate of approval and a copy of approved plan. A tree removal permit shall be issued by the Building and Zoning Inspection Dept, as required. Sec. 64-6. Environmental preservation districts. (c) Procedure for designation. (4) The areas recommended by the planning advisory board and approved by the city commission are established as environmental preservation districts. These sites or areas are then added to the official map delineating environmental, preservation districts on file within the planning department. Sec. 64-7. Permits and certificates of -approval - Generally. (a) Removal of trees not located in environ- mental preservation district. (2) REVIEW. Upon receipt of a proper application, the building and zoning inspection department shall review such application which may include a field check of the site and referral of the application to other departments or agencies as necessary to determine any adverse affect upon the general public welfare, adjacent properties or city services and facilities and render a decision within 15 days. (4) APPLICATION. Permits for removal, relocation or replacement of trees covered herein shall be obtained by making application for permit to the building and zoning department. The appli- cation shall be accompanied by a written statement indicating the reasons for removal, relocation or replacement of trees and four copies of a legible site plan drawn to a minimum scale of one inch equals twenty feet, indicating the fallowing; 8798 (d) Location of all existing or proposed structure improvements and site uses, properly dimensioned and referenced to property lines, setback and yard requirements and spatial relationships, (b) Existing and proposed site elevations, grades and major contours, (c) Location of existing or proposed utility services. (d) The name, common arid botanical, site and location of all trees oft the site designating the trees to be retained, removed, relocated or replaced. Groups of trees it close proximity may be designated as ''clumps" of trees, with the predominate type and estimated number atd average diameter noted. (e) Tree information requited above shall be summarized it legend forth on the plan and shall include the reason for proposed removal, relocation or replacement. (5) BOARD REVIEW. Any member of the Environmental Preservation Review Board may: (a) require any application for a tree removal permit to be reviewed by the entire Environmental Preservation Review Board or (b) within ten (10) days after the granting of tree removal approval by the Buildin& and Zoning Inspection Department, require any such application to be reviewed by the entire Environmental Preservation Review Board. The Environmental Preservation Review Board shall hold a public hearing and render a decision on the matter within thirty (30) days from the issuance of the tree removal permit. In the case of such a review, the decision of the Environmental Preservation Review Board shall supersede any action of the Building and Zoning inspector Department and constitute a final decision subject to a subsequent appeal to the City Commission. (6) EFFECTIVE DATE. All permits for removal of trees not located in an Environmental Preservation District, which are granted by the Buildingand Zoning Inspection Department shall not become effective until at Least ten (10) days after the date of approval and no removal of a tree or development activity shall commence on the site. However, upon receipt of this approval, root pruning of trees designated to be removed or relocated may begin, (7) REFERRAL. At the Building and Zoning Inspection Department's discretion, an application for the removal. of treea whioh are not located within an Environmental Preservation District may be referred to the board for their review, In the case of such a review, the decision of the Environmental Preservation Review Eoard shall constitute a final decision subject to a subsequent appeal to the City Commission, . � 8798 Sec. 64..8. APPLICATION REQUIREMENTS WITHIN THE ENVIRONMENTAL PRESERVATION OISTRItTS, (a) All applications for a tree removal permit and for a certificate of approval by the environ- mental review board shall be initially made to the administrative assistant to the environmental preservation review board and administered by the planning department. The application must specify the name, address and telephone number of the person making the application, as well as that of the property owner, if different front the applicant, and the street address and legal description of the subject property. The application shall be sub- mitted in two stages, as hereinafter described, (c) FINAL APPLICATION: (3) Any change from the final site plan as submitted and approved for tree removal by either the planning department, building and zoning inspection or by the environmental preservation review boa rd shall require new application and reevaluation, if trees or other environmentally significant features are to be affected by the new plan. Sec. 64-9 CRITERIA AND CONDITIONS FOR TREE REMOVAL. (b) CONDITIONS OF RELOCATION AND REPLACEMENT: (4) In the event that a tree is permitted to be destroyed, an applicant may be required to replace the tree with new trees of comparable size, nature and beauty, as determined by the buildingand zoning inspection department or planning departments or by the board. In no instance, however, shall the replacement tree be less than fifteen (15) feet in height and three (3) inches in diameter. Sec. 64-12 EXCEPTIONS. (c) All, applications for tree removal which do not involve any new construction on the subject site shall be exempt from the terms and provisions of Section 64-7(a)(4) or Section 64-8(b)(2) and (3) and (c), whichever is applicable. Sec. 64-16 FEES. (a) Environmental Preservation Board Hearing fee, $25.00. (b) All applications for permits for the removal of trees shall be accompanied by a fee, as provided for under Section 5, Building Permit Fees, of Ordinance No. 6145, as amended. Sec, 64-1.7 JURISDICTION FOR PURPOSES OF ENFORCEMENT, The building and zoning inspection department and/or pl4nning department and the police department shall have concurrent jurisdiction for the proper and effective enforcement of this chapter, f' 8798 Section 3, All ordinances, code sections, or parts thereof it confliet herewith, insofar as they are in eotflict, Ate hereby repealed, Section 4, If any section, sentence, clause, phrase, or word of this Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding or invalidity shall tot affect the retraining portions of this Ordinance; and it shall be construed to have been the intent of the Commission of the City of Miami to pass this Ordinance without such unconstitutional, invalid, or inoperative part therein; and the remainder of this Ordinance, after the exclusion of such part or parts shall be deemed and held to be valid as if such parts had not been included therein, PASSED ON FIRST READING BY TITLE ONLY this 27th day of April , 1978. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 19th day of May , 1978. Maurice A. Ferre (7:57Z-b‘/ (:2) . (45) ITY ULERK PREPARED AND APPROVED BY: MICHEL E. ANDERSON - ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNES w7, ORGE' TO . KNOX, JR. CITY RNEY _5 '8708 MiAMI REVIEW AND DAILY RECORB Published Daily except Saturday, Sunday and Legal Ho►IdayS Mlarni, bade County, Florida. STATE OF FLbRIbA COUNTY OF DADE: Before the undersigned authority perSohallyy ap- peared Carole S. Stein, who oh oath says that she is AS, Slstant to the Publisher of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami to Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisernent or Notice in the matter of City of Miami f I:'1orida (=MANCE NO. 8798 ih the XXX Court, was published in said newspaper in the issues of May 26r 1978 Affiant further says that the said Miami Review and Daily Record is a newspaper published at Miami, in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sun- day and Legal Holidays) and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corpora - lion any discount, rebate, corn1Filypepf refund for the purpose of securing this a m�o ��IpyblIca fion in the newspaper. s� +Q ` 1 mow.......• .................. .2 :NOTARY: c Swoi, 1b Cld subscribed before ittstN16 : Ma : 78;- of ... cf ....U..$.. P$�;° . ..i �sk IMsR4 s, NofaPu�15, St�(E ma,st.arge (SEAL) ssisrassesils" My Commission expires September 6, 1981. 26th da CITY OP MIAMI; b U COUNTY, PL • R OA :.LEGAL NOTICE All Interested peons w)Ii 1ake,notice that 6n the 19th day of May, 197e the City Coinmiss►on 6f Miarnl, Florlda adopted the following titled ordinahce;. ' ORDINANCE NO, 8798 • AN ORDINANCE ,AMENDING 'MIAMI CITY CODE CHAPTER 64, ENVIRONMENTAL PRESERVATION, BY DELETING SECTION 64.4(f), SECTION 64.5(a) AND (c)(2), SECTION 64.6(c)(4), SECTION 64.7(a)(2),'(4) AND (5), SEC- TION 64.8(a) AND (c)(3), SECTION 64.9(b)(4), SECTION 64- 12(c), SECTION 64.16 AND SECTION 64.17 ANb BY ADDING THE FOLLOWING: SECTION 64•4(f), SECTION 64.5(a) AND (c)(2) AND (7), SECTION 64.6(c)(4), SECTION 64.7(a)(2), (4), (5), (6) AND (7), SECTION 64.8(a) AND (c)(3), SECTION 64- 9(b)(4), SECTION 64-12(c), SECTION 64.16 AND SECTION 64- 17; AUTO TRANSFER THAT PORTION OF JURISDICTION OVEIe''EfFIVI1tbiJ`MENTAL PRE;;ERi7AT1ditl:WITHIN ENVIRONMENTALstPRESERVATIO 3DISTRICTS FROM THE "BUILDING AND ZONING INPEMOW-DEPART• MENT TO THE.PLANNING, DEPARTMENT; BY REPEAL- ING ALL ORDINANCES, CODE SECTIONS,' OR PARTS THEREOF IN CONFLICT: AND CONTAINING A SEVERABILITY PROVISION. RALPH G. ONGIE CITY CLERK CITY OF MIAMI, FLORIDA Publication of this notice on the 26 day of May, 1978.. 5,16 M 052662 MR-64 1 M: Mr, Joseph R, Grassie City Manager r, Joseph McManus Acting Director Planning Department April 5) 1978 Environmental Preservation Code revisions Attached are the proposed revisions to Chapter 64 of the City Code, "Environmental Preservation". The intent of these changes is to transfer the administrative responsibilities for the Environmental Preservation Review Board from the Building Department to the Planning Department. It is felt that through this transfer a development which should be looked at because of environmental factors can now be identified and reviewed before it has advanced to its final stages. On March 9, 1978, the City Commission reviewed and adopted on a first reading basis proposed changes to Chapter 64. This adoption was conditional to the in- clusion of three subsections, 64-7 (a) (5), (6) and (7), which were to be rewritten to incorporate the transfer of responsibilities and to provide a time limit. These three sub -sections, which give the authority to the Board to request review of items which are not situated within an Environmental Preservation District, are in the existing code. They were proposed to be deleted because it was felt that undo hardship in terms of extensive delays could be imposed upon developers if these clauses remained. However, the proposed thirty -day lirnit on review time does not create an unreasonable delay in particular when the exchange is for improved development and the preservation of our few remaining unique natural features. The latest revisions to the Code have been reviewed by the Building Department and by the Environmental Preservation Review Board. While both parties have approved the revisions, the Building Departments' approval is contingent upon the inclusion of the 30 day time limit. JWM/es 8798 Effin mew imgts MUIMMIe MEW MEW MEW EWE 6