HomeMy WebLinkAboutR-17-0396opCity of Miami
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Legislation
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Resolution R-17-0396
File Number: 2194
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/27/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING INTENDED
DECISION BD1 6-009931 -001 FOR THE REMOVAL AND MITIGATION OF TWO
(2) TREES AT THE PROPERTY LOCATED AT 3140 DAY AVENUE, MIAMI,
FLORIDA WITH CONDITIONS.
WHEREAS, on January 19, 2017, the City of Miami ("City") issued Intended Decision
BD16-009931-001 for the removal of two (2) trees and the planting of five (5) trees at the
property located at approximately 3140 Day Avenue, Miami, Florida; and
WHEREAS, on January 30, 2017, Nathan Kurland ("Kurland"), an abutting property
owner, filed an appeal of Intended Decision BD16-009931-001 to the Miami Historic and
Environmental Preservation Board ("HEPB") pursuant to Section 17-40(a) of the Code of the
City of Miami, Florida, as amended ("City Code"); and
WHEREAS, on March 7, 2017, the HEPB adopted Resolution No. HEPB-R-17-017
denying the appeal filed by Kurland but imposing eleven (11) conditions as part of Intended
Decision BD16-009931-001; and
WHEREAS, on March 22, 2017, Daydreaming LLC ("Property Owner") filed an appeal of
the conditions imposed by HEPB to the City Commission pursuant to Section 17-40(b) of the
City Code; 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, the City
Commission finds that Intended Decision BD16-009931-001 should be approved with conditions
for the removal of and mitigation of trees located at approximately 3140 Day Avenue, Miami,
Florida;
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 if fully set forth in this Section.
Section 2. The City Commission approves Intended Decision BD16-009931-001 with
conditions.
Section 3. The following are conditions of Intended Decision BD16-009931-001:
Comprehensive canopy and root pruning specifications for Live Oaks 1, 9, and 10 shall
be provided to the City subject to approval of the Property Owner's certified arborist.
Specifications shall be in accordance with ANSI A300 standards.
A certified arborist shall be on site during root pruning, canopy pruning, installation of
fences, and mandatory irrigation and shall report monthly to the Planning Department.
City of Miami Page 1 of 2 File ID: 2194 (Revision: A) Printed On: 11/17/2017
File ID: 2194
Enactment Number: R-17-0396
Construction details of the proposed pavers and sidewalk must be depicted in the plans
and reflected on the appropriate sheets such as paving. This shall include no excavation
adjacent to tree number one and pavers shall be installed on sand and a root deflector
shall be installed.
A tree protection bond equal to the value of the specimen trees to remain and/or to be
relocated shall be posted.
Underground utilities shall be rerouted to assure adequate protection of trees on site and
the plans shall so reflect.
There shall be no walls along the property boundary along Gifford Lane.
A fifteen foot (15') radius around tree number 9 with a chain-link fence shall be installed.
Building shall be redesigned so that the rear patio is built above grade or on pavers on
sand with the approval of that redesign of the patio subject to the approval by the
Planning Department and the reasonable approval of the certified arborist. The goal of
the redesign is to protect the roots of specimen tree number 10.
The canopy of the specimen trees shall be trimmed seriatim so that it is not done all at
one time.
All plans are subject to approval by Zoning, Building, and all other required City
Departments.
Section 4. Condition No. 7 of Resolution No. HEPB-R-17-017 is rescinded by the City
Commission.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i .ndez, Ciky Attor iey 11/9/2017
' 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: 2194 (Revision: A) Printed on: 11/17/2017