January 17, 2013

The Grove Tree-Man Trust

2940 S;W. 30th Court Miami, FL 33133

NOTICE OF APPEAL

To: Megan McLaughlin, Historic Preservation Officer Francisco Garcia, Historic Preservation Planner

/3·- OO?J/2

RECEiVED PLANNING OEPART~1ENT

13JAN 17 PM 2: 46

Johnny Martinez, City Manager / Lyn Westall, Office of the City Manager Dwight Danie, Office of the Clerk Orlando Diez, Director Code Enforcement J. Campa, Code Enforcement Haydee Regueyra, NET Director

From: Jim McMaster, President, The Grove Tree-Man Trust Re: Notice of Appeal - Intended Decision Dated 1-7-2013, Plans Processing #BD120081 00001 Applicant: FPL & McDonalds Corp. c/o Ampy Ente::rprises, Inc. Location: 1400 SW 8th Street, Miami, FL

Dear Historic Preservation Officer, Planner and Board:

This Intended Decision would allow the removal of a 30' high, 20" caliper and 24' spread Mahogany tree in the 1400 block of SW 14th Avenue that sits on private property adjacent to the right of way line. (The Intended Decision states that it is a 14" dbh Mahogany.) This Mahogany and an adjacent one are the only two trees in the 1400 block that create a canopy near the street. It is unfortunate that due to the actions of the property owner this tree has to be removed. The Grove Tree-Man Trust is appealing this Intended Decision due to the fact that FPL "accepted the fault" of damaging this tree instead of the property owner which meant that citations and fines were not issued and proper mitigation is not being required.

The attached letter from Steve's Tree and Landscape Corp. states that the firm "has been hired to review the damages cause by FPL to the root system and canopy ... " of the Mahogany. His recommendation "is to completely remove the tree, due to the newly installed power pole and overhead wires for the new establishment. This tree is now wrong tree for this type of location. Also the cutting of the roots will insure a slow decline of this species" FPL has a franchise agreement with the City of Miami and can't be cited, fined or required to provide mitigation. The letter from Steve's Tree and Landscape Corp. doesn't say the tree is a hazard and needs to be removed now. It says that due to FPL's actions the tree is now the wrong tree for this type of location and will slowly decline.

The fact is that the tree is a hazard and needs to be removed. It is hazard not because of the actions of FPL described above. It is a hazard due to the actions of the property owner's contractor after FPL completed its work when he used a backhoe to rip out the roots around the entire base of the tree in order to install a concrete sidewalk all around the base of the tree within 3' of the trunk.

If you check 1400 SW 8th Street on Google Earth and look at the 14th Avenue side you will see that the two Mahogany trees adjacent to the sidewalk in the McDonalds parking lot are sited in landscape areas. If you visit the site today, after McDonalds redesigned its parking lot, you will find the damaged Mahogany garroted by a concrete sidewalk. The code allows for the removal of up to 25% of the roots without a permit. 100% of the Mahogany's roots were removed.

For these reasons The Grove Tree~Man Trust appeals the Intended Decision dated January 7, 2013 for tree removal at 1400 SW 8th Street, Miami, FL, Plans Processing # BD12008100001 to the City of Miami Historic and Environmental Preservation Board. Copies of the Intended Decision and letter from Steve's Tree and Landscape Corp. are attached.

Furthermore, The Grove Tree-Man Trust reserves the right to supplement this appeal letter with briefs or memoranda prior to the Historic and Environmental Preservation Board consideration of this appeal.

\ ~ ........ .

r;; McMaster, President -- he Grove Tree-Man Trust 305-443~1312

Plans pl'ocessing#: leD {;;JoC) Q I () !2J2.C> L Property Locatioll: ___ I""'7'_D_D ______ _ Thefollowing Intended Decisi()l1 has been rendered inaccol't/ttnce with Tree

protection Artic/e 17.1 The Intended Decision is for tlte

RemOJluf # of trees-L­Relocatiol1 # of trees_ Trimming # of trees

Has been Approved Daie 77i/(J Code Enforcement Inspector: 1. Carnpa

All bacJc~up documentation tlltd informatioll suclt as, reasonfor removal oifree, tree survey. tree disposition plan and mitigationlreplacementplcm regarding this Intellded

Declsiol1 can he obtained at lite o.ffice of Code Enforcement. 444 SW 21l1! Av 1" Floor '

Teleplume: Jq5~416-2S81 Thisbltendet! Decision may be appealed to tlte Historic mulpnvlrol1mental Preservation Board within .1 () caleni/m' days from: _ ... L...&.L...;;6"",~ .... II..;;;;~3_' ___ ~_ A written fJotic;e to appeal must be sent to tlte Preservation Officer at the City of Miami Planning Department a/ 444 SW 2 Ave. 3r

t! FI, Miami Florida 33130, ill accordance with Article 17.8 of tlte Tree Protection Ordinance-Chapter 170f the Ci(y of Mial1ii Code:

Disposition

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Tree Location Sketch

D Street

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/)'1"'ICI(!flI..,j (f?!J 1) "'Si \\JP'( tJttC)f\t,!J(':Y.lQ,f u

Mitigation ! ;).\;;'1

---------------'"---,-------------------l

Steve's Tree and landscape Corp. P.O. Box 970223

Miami, F! 33197 305-233-0699

October 2nd I 2012

To whom it rnay concern:

Our firm has been hired to review damages caused by FPl to the root system and canopy of a Mahogany tree J 30 feet in height I 20" caliper an(j 24' spread located along 14ave. just south of 8th street southwest. Our recommendation after our review is to completely remove the tree, due to the newly installed power pole and overhead wires for the new establishment. This tree is now wrong tree for this type of location. Also the cutting of the roots will insure a slow decline of this species.

Please forward your mitigation requirements as soon as possible J if any. We did notice there were a lot of new nice looking natives being planted on site. Any further questions please feei free to contact me direct @ 786-251-7440.

/' Sincerelv/,

'J

"..,,~.

Steve's Tree and Landscape Corp. P.O. Box 970223 Miami I FI 33197 305-233-0699

October 2nd I 2012

To whom it may concern:

Our firm has been hired to review damages caused by FPL to the root system and canopy of a Mahogany tree I 30 feet in height, 20" caliper and 24' spread located along 14ave. just south of 8th street southwest. Our recommendation after our review is to completely remove the tree, due to the newly installed power pole and overhead wires for the new establishment. This tree is now wrong tree for this type of location. Also the cutting of the roots will insure a slow decline of this species.

Please forward your mitigation requirements as soon as possible I if any. We did notice there were a lot of newnice looking natives being planted on site. Any further questions please feel free to contact me direct @ 786-251-7440.

('

t~ ISA Certified Arborist FL-5543-A

• F=PL

Juv€l1al"Santan.a

Florida Power & Light Company, 122 SW 3ra Street, Miami, FL 33130 Phone: 305.377-6012, Fax: 305-377-6010

City of Miami Code Enforcement 444 SW 2nd Avenue Miami, FL 33130

Re: Trees trimmed on McDonalds property vlo 1400 SW 8th Street

Dear Mr. Campa:

DuriniR a recent construction job to bring new service to a McDonald's Restaurant upgrade on SW 8 Street and 14th Avenue in Little Havana, FPL had to perform trimming to mahogany trees on the East side of the property in question. The trimming was necessary in order to set and frame the pole which will be proving new service to this restaurant. Also, the existing canopy of the tree was already heavily encroaching into the existing aerial lines - any further growth into these lines would have adversely affected the reliability of dozens of commercial and residential customers in the area. In summation, FPL would not have been able to serve McDonalds with the new transformer bank if this new pole could not have been set, thus had to perform trimming to these trees.

If any questions arise, please contact me at 305-377-6012.

Regards,

~I~t·~ Ro bert LLodra Senior Engineer Miami Central Service Center Miami, FL 33130

an FPl Group company

October 4, 2012

City of Miami Building Department Code Enforcement Section 444 SW 2nd Avenue, 6th Floor Miami, FL 3313 0

RE: McDonalds @ 1400 SW sth Street Miami-Dade County

To Whom It May Concern:

McDonald's Corporation 10150 Highland Manor Drive, Suite 470

Tampa, FL 33610 (813) 630-9634

Fax: (813) 313·7040

This letter serves to request that the Mahogany tree located on SW 14th Avenue be permitted to be removed due to damage caused by FPL. Please contact me at 954-426-5144 with any questions.

Sincerely,

J21~~truCtion Mffiillg~ McDonalds Corporation

STATE OF FL~RIDA COUNTYOF~~

The foregoing instrument was acknowledged before me this ~ day of October 2012 by Jose Villar, Area Construction Manager for McDonalds Corporation on behalf of the corporation, who is personally known and did not take an oath.

--. ---_._----.::.

My Commission Expi " ,J

(:

, i

McLaughlin. Megan

From: Sent: To: Subject: Attachments:

Campa, Jose Wednesday, February 20, 2013 11 :56 AM McLaughlin, Megan Fwd: McDonalds / 1400 SW 8 Street FW: McDonald's Restaurant / 1400 Southwest 8th Street; ATT00001.htm

Follow Up Flag: Follow up Flag Status: Flagged

Sent from my iPhone

Begin forwarded message:

From: Villar Jose <Jose.Villar@us.mcd.com> Date: February 19, 2013, 3:58:44 PM EST

To: "JICampa@miamigov.com" <JICampa@miamigov.com>

Subject: FW: McDonalds / 1400 SW 8 Street

Jose', Per our conversation below is the tree mitigation resolution as approved by Ted Baker ... THX!

Jose' M. Villar Area Construction Manager McDonald's USA. LLC - florida Region I 0 I 50 Highland Manor Drive, SUite 470

Tampa, FL 33G I 0 Mailing Address: 5 I 5 Gondollere Av Coral Gables, FL 33 143 Cell: 305-202-4078 EFax: 305-5 I 3-5835 Offlce:305-GG2-714G

From: Villar Jose Sent: Tuesday, February 19, 2013 12:37 PM To: 'Oguntoyinbo-Rashad, Quatisha' Cc: Hagger, Regina; Baker, Edward; Angel-Capo, Jessica; Diez, Orlando; jorgejr@yagarconstruction.com Subject: RE: McDonalds / 1400 SW 8 Street

Hi Quatisha, This is to inform the City of Miami of McDonald's intention to select Southern Blossoms as the landscaper to plant the Little Havana McDonald's mitigated trees at the Little Haiti Soccer Park, per attached plan. In addition, Jorge Garcia/Yagar Contractors, a McDonald's approved contractor; will contact Southern Blossoms to execute their proposal and have them proceed with the planting phase. Furthermore, the City Code Compliance Dept. needs to contact Mr. Jim McMaster @ Grove-Man Trust to inform him ofthis tree mitigation resolution in order to cancel the public hearing. Feel free to call me if you have any questions.

Jose' M. Villar

1

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I I !I

:1 I

Area Construction Manager McDonald's USA, LLC - florida Region I 0 I 50 Highland Manor Drive, SUite 470

Tampa, fL 33G 10 Mailmg Address: 5 I 5 Gondoilere Av Coral Gables, fL 33 143 Cell: 305-202-4078 Efax: 305-513-5835 Office: 305-GG2-714G

From: Oguntoyinbo-Rashad, Quatisha [mailto:OOguntoyinbo-Rashad@miamigov.com] Sent: Thursday, January 31, 2013 12:25 PM To: Villar Jose Cc: Hagger, Regina; Baker, Edward; Angel-Capo, Jessica; Diez, Orlando Subject: McDonalds /1400 SW 8 Street

Good afternoon Jose,

As a follow-up to our verbal conversation, following are the tree replacement options for the removal of the Mahogany tree located at the subject property:

Tree replacement options

Total number of replacement Total number of

Total diameter of tree{s) to be removed trees required {2" DBH OR replacement trees

(20" total) minimum each; 12' minimum required (4" DBH

height) minimum each; 16' minimum height)

lOn-site or Off-Site* replacement trees 16 (minimum of 2 species) or 8

*Applicants planting trees off-site must enter into an agreement with the city, as approved by the Public Works or Parks department, to plant the excess number of replacement trees on public property within the city commission district of the subject property.

If you are opting to plant the replacement trees off-site, the contact person(s) for Publics Works and Parks are:

Regina Hagger (Public Works) 305.416.1749 Ted Baker (Parks) 305.416.1387

Please forward us a copy of the agreement once it is met.

If you have any questions, please contact me.

Regards,

Quatisha Oguntoyinbo-Rashad

City of Miami I Code Compliance Field Supervisor

North I 305.329.4820

2

IICommitted On Delivering Excellence ll

The information contained in this e-mail and any accompanying documents is confidential, may be privileged, and is intended solely for the person andlor entity to whom it is addressed (I.e. those identified In the "To" and "cc" box). They are the property of McDonald's Corporation. Unauthorized review, use, disclosure, or copying of this communication, or any part thereof, is strictly prohibited and may be unlawful. If you have received this e-mail in error, please return the e-mail and attachments to the sender and delete the e-mail and attachments and any copy from your systern, McDonald's thanks you for your cooperation.

3

22150 sw 147 Avenue MIAMI, FL. 33170 PHONE: 305 234 3356 FAX: 305 234 8386

February 12,2013

Jose' M. Villar Area Construction Manager McDonald's USA, LLC - Florida Region 10150 Highland Manor Drive, Suite 470 Tampa, FL 33610

Mailing Address: 515 Gondoliere A v Coral Gables, FL 33143 Cell: 305-202-4078 EFax: 305-513-5835 Office: 305-662-7146

Ref: Jose M. Villar - JI;[cDonaZd- Tree Mitigation

BID PROPOSAL/CONTRACT

SOUTHERN BLOSSOMS is pleased to submit the following BID PROPOSAL/CONTRACT for our professional services for the required tree mitigation. We will provide all labor, materials and equipment necessary for the installation of the below listed trees that were tagged by City of Miami Parks and Recreation following the Specifications of Section 02900 Tree + Palm Planting.

Scope of Work:

• 16 EA / Coccoloba diversifolia / Pigeon Plum - 12' ht x 6' spr x 2.5" caliper DBH - 60 gallon

$400.00ea $6,400.00

• Watering maintenance 30 days after completion of planting

$8.00ea $128.00

The installation of the sixteen (16) specified trees at Little Haiti Soccer Park will be coordinated by and through Ted Baker, FASLA, Landscape Architect, Parks Administration.

Jose M. Villar - McDonald- Tree Mitigation February 12, 2013 Page 2 of2

Method o(Pctyment to be determined upon agreement o(bid proposal Total amount of contract is $6,528.00 (Six Thousand Five Hundred and Twenty Eight Dollars with 0011 00 cts), to be paid as follows: 50% Deposit in the amount of $3,264.00 (Three Thousand Two Hundred and Sixty Four Dollars with 00/100 cts). Remaining balance in the amount of $3,264.00 (Three Thousand Two Hundred and Sixty Four Dollars with 00/100 cts) to be paid upon completion of project.

Checks should be made payable to: SOUTHERN BLOSSOMS. Interest at the highest lawful Rate of interest per annum and collection costs, including reasonable attorney's fees, will be charged on past due accounts.

This PROPOSAL/CONTRACT may be withdrawn if not accepted within 30 days from this date.

ACCEPTANCE OF THIS PROPOSAL/CONTRACT

This PROPOSAL/CONTRACT is satisfactory and is approved. You are authorized to do the work as specified above. Payment will be made as shown above.

Authorized Signature: ____________ Date: ___ _

Carmen Mendez-Mackesy: Date: ---------- -------SOUTHERN BLOSSOMS

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Plans processing#: I3P /;}C>o Q I () DOl':> t . Property Locatioll: I C; DO 5 w ;S 5 T Thefollowing Intended Decision has been rendered in accordance with Tree

protection Article 17.1 The Intended Decision is &1' the

Removal # (~r trees_l_ Relocation # of trees_ Trimming # of trees

Has been Approved Date -;z:;,//1 Code Enforcement Inspector: . J. Campa

All bac!,-up documentation ami information such as, reason for removal of tree, tree survey, tree disposition plan and mitigation/replacement plan regarding this Illtended

Decision can be obtained at tlte Office of Code Enforcement. 444 SW 211d A V 1h Floor

Telephone: , 305-4/6-2581 This Intended Decision may be appealed to the Hb;tol'ic and n vironmen tal Preservation Board within 10 calendar days from: _.J.,.,J.._fl.'-'-'-/..;;,3 ____ _ A written notice to appeal must be sent to tlte Preservation Officer at the City of jI,;[iami Planning Department at 444 SW 2 Ave. 3rd Fl, Miami Florida 33130, in accordance with Article 17.8 of the Tree Protection Ordinance-Chapter 170fthe City of Miami Code

Disposition

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Tree Location Sketch

Street ) If 0, v·e

lAwtCWRoi ((-PL) [J <:3; \ V,R'( Krt\~WCDC~ u

Mitigation I " Id"'d

~ , r;;L~ ,Illl!l!il

Jose Villar

Area Construction Mall "ger

McDonald's USA, LLC

'10150 Highland Manor Drive, Suite 470 Tampa, FL 33610 813.630.9634 p

Fax 813.621.4073

Voice Mail 813.313.7000 Box 45g'~ c 305.202.4078

E-mail jose.villar@us.mcd .(Olrl