Historic & Environmental Preservation Board (HEPB)

for one more member to. >> have a quorum and then we'll begin. So please be patient with us. The special meeting of the historic environmental preservation board to order and ask everyone to please stand for the pledge of allegiance and remain standing to be called to. >> be sworn in by staff. Of the united states of america and to the republic for which it stands one nation under GOD. Indivisible. >> with liberty and justice for all. Please remain standing to be sworn in by staff. Please remain standing. All those who intend to. Testify on this or any other matter, please stand and raise your right hand. Do you solemnly swear or affirm the testimony you. >> are about to give? Is the truth the whole truth and nothing but. >> the truth? Thank you. You MAY be seated. Thank you. Please take this opportunity to check your cell phone. Make sure it's on silent or mute or do not disturb and we will listen to. >> our attorney tell us about lobbying. Any person who's alive is pursuing the chapter two. Article six of the city code must register with the city clerk and comply with related city requirements for lobbyists before appearing before the historic and environmental preservation board. A person MAY not lobby a city official, board member or staff member to register a copy of the code section by lobbyists is available in the city clerk's office and online on municode.Com. The agenda for this meeting, for this meeting and the materials for the items on the agenda were published and made available to the board in advance of the meeting. The materials are also available online@miamigov.Com. Please silence your cell phones and other noise making devices. Any person with disability requiring assistance, auxiliary aids or services for this meeting MAY notify the board liaison. Any person MAY be heard by the board through the chair pursuant to the public notice for not more than two minutes on any proposition before the board unless modified by the chair when addressing the board the member of the first state his or her name, address and what item will be spoken about when the board takes action or votes on any proposition, it shall do so by a roll call vote to be recorded and included in the record. Please note that board members MAY have. >> generally been briefed by city staff on items on. >> today's agenda. Thank you. Thank you. Can we have a roll call please? Member bustelo. Member cepeda. Member. >> campbell member. Cali here. Member. >> odell. Member. >> perez. >> member. Ryan. Member. >> trachtenberg here. Member. Munoz here. Chair. >> hopper here. We do have. >> quorum. And our alternate is empowered to vote yes. Do we have. >> any requests for. >> absence waivers? Yes we do absent waivers. Member. Cepeda ,member odell. And member ryan I move to grant the absence waivers. Second. Motion and second. Any discussion on the motion? All in favor say aye. Aye. Opposed. Motion carries. Thank you. >> thank you. Is there. >> are there any additions or corrections to the minutes. Or motion to approve. These are minutes for. >> JULY 21st. Yes I was not present so I don't have a motion. >> for that. I'd like to make a motion that. Those minutes. >> from the. >> JULY meeting be approved. Is there a second? I'll second the motion. Thank you. All in favor say aye. Aye. All opposed? Motion carries. Okay. Ladies and gentlemen, in an effort to more effectively use our time and ensure that everyone has a chance to speak and to be heard without waiting until midnight for your item to be called. We're going to follow the city commission's format and hear public comments first. As usual you should line up behind each of the two microphones and when recognized give your name, address and the item you're speaking on either by the item number or the street address and then speak on the issue limiting your remarks to two minutes or less. When everyone has had a chance to speak, I. >> will read the public comments. >> into the record that were submitted online. And then I will close the public comments. at that point the appellants and the applicants will be heard along with anyone they choose to call up to provide evidence. And at this point each side will be given ten minutes to present their case. As usual we will start with the staff report followed by remarks from the appellant and the applicant. There will be no additional input from the public and the discussion will be limited to the board, the appellant, the applicant and anyone else. The board MAY ask for testimony when the board has finished with its questions. A motion will be offered. >> and voted. >> upon and then we will move to the next item on the agenda board members we will depart from our recent format of going down the line for questions and return to our old procedures of seeking recognition from the chair to ask questions of the appellant, applicant or staff. I will remind us that for these appeals we do not redesign a project. We only look to chapter 17 for guidance to grant or deny the. Appeal or to change the mitigation or other conditions. We MAY ask to what extent an applicant has considered the preservation of the subject, trees or other aspects of the. >> tree permit. We cannot act on the project itself the question of whether or not an applicant I'm sorry. >> an appellant has. Standing has been a time consuming issue at past meetings. We will start with the assumption that all the appellants have standing so that the public will have the chance to express themselves on the issue and will consider the. >> standing issue if it is brought up by. >> an applicant at the time the item is heard. Are. >> there any. Changes to. >> the agenda? Any withdrawals? Yes. >> for item number one on the agenda we have a motion for continuance. >> by. >> the appellant. He's out of the country at the moment. So. We need a motion to approve. Is that the only one no no we have also item number two is being withdrawn. Item number seven is being withdrawn as well. Item number. >> eight um is also being. Withdrawn and. Ten um I'll say ten maybe a. Continuance. Ten indicated that they would be present at tonight right. >> right so so we. >> only have one motion. >> for a continuance. >> I. >> move to continue item. >> number one item. >> number one the next regular or special meeting um two that's a good question. Yeah our next meeting or would it be to the next special meeting because I think we have an OCTOBER special meeting to be scheduled but it's not determined if it's necessary yet as I understood it at the last regular meeting of the. Board, do we have um maybe you seem like you know something I don't I. >> think for the um it should be continued to. >> the OCTOBER meeting um regular or special the. >> special meeting because we have a few more appeals that are coming through as well to add tremendous I would move to uh I would amend my motion to uh, indicate that. >> that item. >> should be moved to the. >> special meeting of. >> OCTOBER 15th. Is it. 13th, 13th. >> and 13? Is there a. >> second. Second. Any. >> discussion on the motion? All in favor say I I that was. >> the ones that were. >> withdrawn were. Two eight. >> and ten 27827 and. >> eight. Withdrawn 0278 withdrawn. We don't need a motion on that do we. Yes. >> okay. Is there a. >> motion to. >> accept the withdrawals. >> for. >> items. So moved. For a second second discussion on that motion. All in favor say. >> aye aye all opposed motion carries. So number one is continued. Number two is withdrawn. So we will now start with public comments please please line up at each of the two microphones. And limit your remarks to two minutes or less. Elvis cruise 631 north east 57th street. Am I to understand that there will no longer be public. >> comment at each. >> individual. >> item is just one big public comment at the beginning? That's correct. I'm very disappointed to hear that you're following the very bad. Example of the city commission .We don't get to hear a. Presentation and then react to it. It's tantamount to a trial lawyer going to trial to try criminal case and he has to give his. Defense before. The entire docket even appears before the court. It makes no sense. I understand why you're doing it. You're wanting to save time. That's the city. Same reason the city commission did it after having done it. Properly for decades. This is a bad move. This is. Suppressing public involvement. I would urge you to reverse this policy. Very disappointing. You guys were holding out as one of the last examples of how to do it right. City commission is doing it wrong. I've told them before they ignore me. I hope you guys don't. >> ignore me and do. >> the right thing for the people. Thank you. Thank you. >> other public comments. Yes ma'am. I actually had a question. You guys said something about item ten. No. Oh okay. Um and. >> then am I allowed to make a public comment even though I'm an appellant? Yes yes yes okay so I will. >> just cosign what elvis said. It's hard to make a public comment if you. >> haven't heard. >> excuse me. >> please state. >> your name for the record lindsay cain and your address? Uh 333 northeast 24th street, apartment 1811 miami, florida 33137. Um and then I would just like to make a general comment that all of these appeals are happening because the public is upset at the egregious tree removals in the city.. And we have gotten comments from city. Officials about the. Appeals. >> how inconvenient they are and the changing of the format of this hearing is also indicative of that. But this is all because of all the tree. >> removals happening around the city. So I think that should be considered. Any other members of the public wishing to make. >> comment please. So sorry just to reiterate that again we can you give your name and address of. 3170 matilda street. We have to speak now for all of the cases going forward. We're not going to have any. Opportunity. >> after a particular case to have public comment. That's correct. Okay. Well um I'm speaking here on behalf of the. 3161 gifford case that you're going to hear tonight. Um, after being here until almost two in the morning in JULY, we subsequently. >> negotiated with the developer. We've been negotiating in good faith. I will say this is making public comment or you want to make argument to your case because public comment is one thing and if you want to talk about your case, you are going to be able to talk about your case because. >> you are the appellant. There's a difference and you have more time to also speak on it as. >> your. >> item is next [Laughter]. After public comment okay but you could call her. >> if you [Laughter] Wish for. >> her to make a statement. During your. >> case in [Laughter] Chief okay so during the. But our other neighbors would speak now this is the time correct for public comment. So however you want to handle that just to be clear this is public comment if you are going to be called during the case in chief you get to speak as a witness during the case in chief because either the appellant or the applicant will call you as a witness. This is just public comment. Colton hoover chase I have a. 3162 um speaking on behalf of this the same case for. 3160 gifford um it's my understanding that we have worked with the developer to come to some parts of an agreement. I hope that the developer will honor what we have come to. Request and I think there was an increase in the trees. So if that's the case I'm. >> happy that. >> we can get something together. Yes, ma'am. Jennifer bieber. 3507. >> saint gaudens way. >> coconut. >> grove. 33133. >> can you. >> bring the microphone down a little bit? Okay, I just want to say I came because I got notice that a neighbor was doing. Something no idea what they were doing. Because we didn't get the description. But I guess that's one of the ones that were withdrawn. Yes. >> the 3300 mooring yeah. Yes that one was wrong. And I just want to repeat what elvis said. i feel like the idea that you're asking for public comment before. >> we get to. Hear what is. Actually happening I mean for all you know, maybe it was great what the neighbor was going to do. Maybe it wasn't now it doesn't matter. But I do think even just hearing you know, I do care about the trees and everything that are going on. I have no idea what these guys are talking about but it it would be nice to be able to hear what the. >> case. >> is and then weigh in as opposed to being asked to say something ahead of time when you don't really know the facts and don't know what's going on. So I just want to. Reiterate and I we have been in front of this group not all the same people before and I did think you guys were. Fantastic as a group. And so it is. Disappointing to have the system changed. We bear that in mind. Yes sir. Uh, eros escobar. 2957 coconut avenue um in regards to that. 3300 case that it's actually, uh, my business partner's neighbor, uh, and we actually. Purchased the home that he lives in now from originally bernardo who's the owner of that lot. And so regarding that lot, they have some removals on that lot for some mahoganies and some sea grapes and we've been in talks with them as our immediate property line neighbor instead of removals, we're going to take those as a private agreement to transplant them within our lot to save three specimen. Mahoganies as well as some 30 foot sea grapes that he has on the property. So like that instead of removals they're just. Transplants and it's just instead of the crane taking them from his lot that we're hoping to transplant them to our lot where his neighbor at. 3302 south moorings way. So hopefully that shows some concessions that even though it is. Dismissed right, there's still efforts on our end to try. >> to. >> help him. >> with not. >> removing. >> trees and instead just. Transplanting them. Great. >> thank you thank you yes sir. Uh evan gilbert. 3171 gifford lane here to talk about the gifford lane appeal. Um, I was at the hearing last time very impressed with you all as a board. Thank you for sending it back and I'm definitely very supportive of, uh, the deal that's come together obviously. And I think you all you all are frustrated by this process and I am just as a homeowner on the street. Um, it seems backwards for the developer for us for you all to have it have it all come to you at the end of the process instead of at the beginning. I know the tree appeals are not probably what you signed up for, but definitely this shouldn't have been rubber stamped and I really respect the city staff so I don't want to want don't want them to take that as as a dig. It's. >> just uh. >> the system isn't working for. >> anyone so hopefully. >> it changes. Thank you thank you. Anybody else? Anyone else from the public wishing to speak on any of the items? If not I will read the public comments that were submitted online. Yes hello chair board thank you so much for having us city staff and MR. Smith I just sent um my response I meant to send it to the board. Liaison um earlier today but I guess this is a special meeting. My name is silvio casco. I'm on the agenda today as an abutting neighbor and I sent the email to MR. Kalmus. I've just sent it to MR. Sean smith and which is I think in the same capacity as MR. Kalmus would and in another meeting um which really is state my case to say we're okay to withdraw. I've spoken to the property owner I've sent you an email with two things which I'm ready to present if I'm allowed a way to connect my laptop and show you a couple of slides, make my points. This is actually better. I have. >> another commitment. I'm. >> able to tell you what I need to and get out of your hair. I will say that this is item number one and this is um we are it's not on the agenda anymore as it's been withdrawn. We've already passed a. >> motion for. Withdrawal. To the chair yes, sir. I believe we continued that item did we not? Yes. >> so if. >> I'm understanding correctly from this gentleman is the appellant correct. Right. So if he's willing to withdraw his. Appeal and not burden I'm sorry are you withdrawing period because if you're making no if you're making no. Presentation and just withdrawing we can accept. >> the withdrawal. If you are making a presentation then it is continued. Um I have a presentation that I've sent through MR. Smith that could be circulated. Um so and I'm ready to present if we if it's helpful the matter was. Continued at the request of the applicant because they are out of town. Okay so if you wish to. Withdraw without. Presentation you are more than welcome to do so at this moment. >> in time. If not it is continued to. 1013 perfect. Thank you. Um city attorney uh that's good you should if you, MR. Smith, MAY circulate the points of my. Request. >> you'll find that they're a. >> good. >> framework. >> to help consider a general public benefits agreement. We can't we can't hear that amounts to testimony at this point. So we can't do that until next come again? We can. But. >> you're telling us it amounts to testimony. We can't hear that until next month. Uh, sure. I'm just. >> saying you'll have you'll have no no no testimony. I'm not. >> testifying to anything. Thank you. Yeah. Good. You're good. Okay. Does that. >> suffice for public comment on my item? Yes. Okay. Thank you so much. Is there anyone else from the public who. >> wishes to speak on any of the. Items now I will read. Excuse me. >> chair. Uh can we please close online public. >> comment. >> yes thank. >> you, thank you. Did you have any after 230? No sir. Okay good. And I will read those. The first is um regarding the property at 7538 northeast fourth court. I respectfully support this appeal as an interior designer with experience in architecture and urban planning, I am particularly interested in regenerative design and approach where development works with the natural environment rather than simply replacing it. Existing mature trees should be viewed as assets that help shape a project. They provide immediate environmental benefits and contribute to the identity and quality of our neighborhoods. The question should not be simply whether a tree can legally be removed. We should also ask. >> whether a thoughtful design could allow the project and the tree to coexist. I encourage the board to require meaningful. Consideration of preservation, redesign or relocation before approving removal. Good design should solve the conflict. >> between development and nature, not. Automatically eliminate. >> one side of it. This. >> one is. Regarding the property at 131 northwest 75th street. I respectfully support this appeal. Replacement planning and mitigation are important but they should not be automatically be considered equivalent to preserving an existing mature tree. A newly planted tree MAY take decades to provide comparable shade, canopy cooling and environmental benefits. As a designer, I believe. >> preservation should. >> be considered during the design process before mitigation becomes necessary. Sometimes a change in footprint or site layout can make an important difference. I. >> cannot say whether this is possible in this particular case without reviewing the project, but I believe the applicant should demonstrate that those possibilities have been seriously considered. I. >> respectfully ask the board to prioritize preservation wherever. >> it is reasonably achievable. This one is. Regarding the. >> property at 75 northwest 49th street. I respectfully, respectfully support this appeal and encourage the board to consider this decision as part of the larger future of miami. Our city. >> is growing but it is. >> also facing increasing heat, flooding and pressure on its tree canopy. Mature trees are one of the most effective pieces. Of natural infrastructure we already have. From a. >> design. Perspective, growth and environmental preservation should not be opposite goals. Projects can and should respond to the national natural conditions of their sites before a tree before mature trees are removed. I believe applicants should demonstrate that reasonable alternatives have been explored. We should continue developing miami but we should also design that. >> development around the natural assets that make the city healthier and. >> more resilient. This one is regarding the property. At 3300 south moorings way. I'll read it into the record. I respectfully support this appeal as a designer I don't believe that we should have to choose. >> between development and nature. Good design should find ways for both to coexist. Mature trees are valuable are valuable existing assets. They have taken. >> decades to grow and already. >> provide shade cooling, stormwater management, habitat and other benefits to the surrounding community. New. >> planting is. >> important but it cannot immediately replace the environmental value of established canopy. I encourage the board to carefully consider whether changes to the building footprint layout or other elements of. >> the project could preserve more of the existing. >> trees before approving their removal. This one is regarding . >> the property at 4141. >> northwest fifth avenue. I respectfully support this appeal in design we constantly work. >> with. Constraints, setbacks, property lines, existing structures, topography and many others. These constraints do not necessarily prevent development they. >> often lead us to. >> better solutions. I believe mature trees should be approached in the same way. Instead of first asking how a tree can be removed to. >> accommodate a. >> project, we should ask how the project can adapt to preserve the tree. Mature trees also provide public benefits through shade cooling, stormwater management, cleaner air and wildlife habitat. As the board to make preservation the starting point of the design process and removal the last reasonable option. This one is regarding the property at 161 north west 29th street. I respectfully support this appeal and ask the board to prioritize preservation whenever reasonably possible. As an interior designer with experience in architecture and urban planning. I believe good design starts by understanding what already exists on a site. Mature trees should be considered part of that existing environment, not simply obstacles to development. Building foot prints and site layouts can often be adjusted sometimes even through relatively small changes to preserve important trees while allowing development to move forward before approving removal, I encourage the board to require clear evidence that meaningful design alternatives have been fully explored. This one is regarding the appeal at 3161 gifford lane. I respectfully support respectfully support this appeal and urge the historic and environmental preservation board to carefully review the proposed tree removals at 3161 gifford lane. The project will remove 11 mature trees including three specimen trees affecting both private property and adjacent right of way. Mature trees are part of miami's natural infrastructure they reduce the stormwater, improve air quality, support wildlife and provide benefits that extend far beyond the property lines. Replacement trees cannot replicate decades of mature canopy. Before approving these removals, the board should require clear evidence that all reasonable alternatives have been fully explored including adjustments to the building footprint and site design development and tree preservation should not be competing. Should not be competing goals. Good design can accommodate both. I respectfully ask the board to grant this appeal and prioritize preservation of miami's mature tree canopy. This one is regarding 131 northwest 75th street. I respectfully support this appeal. I believe one of the most important principles of good design is understanding and respecting what already exists. Mature tree is not simply landscaping as part of the site, part of the neighborhood and part of miami's environmental infrastructure constraints are also part of the design process property line setbacks, existing structures, topography and many other conditions influence how we design mature. Significant trees should be approached with the same mindset instead of immediately asking how tree can be removed to accommodate a project, I believe we should ask first how can the project be designed to preserve the tree? Respectfully ask the board to make preservation the starting point and removal as reasonable option. Through the chair. Yes, I'm just looking at these comments. These are the same person over and over and over again. >> I believe they've had their two minutes. I'm sorry. I believe they've had their two minutes then. Yeah there were two and I don't know if you know from just a two minute standpoint if it just makes sense for everybody's time to read every one of these repetitive comments into the record. So I'm just going to tell everyone based on our reading of these comments, they're the same basic comments regarding the decision at the ones that I've talked about um repeated twice. And I think. That there's nothing else new on those. Is that right? Yeah that's my reading. I think these are for the most part copy paste of the same comment from the same person just on different items. I think. Let me just read one portion of the last one regarding the 27th avenue it says this concerns preservation of one of coconut groves. Defining characteristic is historic tree canopy and landscape. The mature vegetation that distinguishes coconut grove is not incidental to the neighborhood's identity. The appeal indicates that the proposed redevelopment would result in the removal of 26 protected trees and in 15 palms, including numerous mature native hardwoods that currently form a substantial canopy. While this while replacement planting is proposed, young trees cannot replicate environmental services which are which have been described before several times. And that one is copied and pasted and that one is too. So that seems to be the end of the public comments that were received online. And now we will turn to our regular agenda. Number one has been continued to the OCTOBER 13th meeting number two is withdrawn. So we're on to number three. Will the appellant come forward and give your name and address for the record. And we'll start with the staff report. Please give your name and address for the record. Please give your name and address for the record. My augusto carbajal planning examiner with city of miami. No we're looking for the appellant. Yeah sorry, sorry. I think we need whoever's item three gifford lane. We need the appellant to present themselves. And as a pre and as a preview to this one we can um take three and if if of course if the chair you know you approve we can take items three and four together. They involve the same property and it's our understanding that they have came to some type of agreement that staff will further expound upon to their knowledge. Okay. >> I'm sorry would you announce item. Three agreement? We have not signed anything and we want deferral until. I forgot to allow staff to announce both items three and four. Have item number three minute track id 19335 a resolution of the miami historic environmental preservation board granting. Or denying the appeal filed by emily lazopoulos demetrios of intended decision bd25008883001 issued on MAY 5th, 2026 for the property located at approximately 3161 gifford lane, miami, florida. Item number four minute track id 19357 the resolution of the miami historic and environmental preservation board granting or denying the appeal filed by raul brazil and georgia kounelis of intended decision bd26014821001 formally intended decision bd25008883001 issued on MAY 5th 2026 for the property located at approximately 3161 gifford lane, miami, florida. Thank you. Thank you and now the appellants. Please give your name and address for the record. And before. >> is there a way that we can have tb yes enabled please. We will do that. But first I need your. Name before we go. My name is raul. Before we go too far with this one um I just want to ask the excuse me. I was asked the appellant have you all entered into a formal agreement? Have you entered into an agreement regarding this? No staff. What's your understanding that you have entered an agreement. understanding into the mic. You have not signed anything. Well let us present our. Staff needs to explain their understanding .But first I need everyone who is an appellant to give their name and address for the record. I am only zopoulos demetrio 3172 matilda street. >> thank you. Kristen dc 3170 matilda street. Thank you. Georgia 3144 gifford lane. >> thank you. Your name. >> sir raul. 3144 gifford lane. Thank you. And now we start with the staff report. Just an administrative point since there were two two appeals taken together we have more time. >> please speak into the microphone. Thank you. Since there were two appeals that we separately paid the appeal fee and we have two separate appeals that were sharing the time or sharing the slot. But I would ask that we have respective time that we have more time to be able to present because. >> you'll have. Two minutes. >> you'll have two minutes apiece. Absolutely. Okay. We'll start with the staff report. Good evening chairperson and members of the board. My name is augusto carvajal. I am a landscape plan examiner and certified arborist. My address is 444 southwest second ave. I am providing testimony on behalf of environmental resources division for the intended decision appeal associated with the new construction permit application bd 25008883001 for the property located 3161 gifford lane. The application was submitted on APRIL 14th, 2025. The intended decision was issued after a review cycles approximately 13 months later on MAY 5th, 2026. Do you want me to read the staff report at this time? Yes please and it will be accepted into the record. So we have a subject property located within t3o urban open and is under review for the new construction permit for a duplex residence. As part of the proposed development the applicant seeks approval for the removal of trees on site due to direct conflict with the building footprint and associated improvements. The applicant proposed the removal of seven trees totaling eight 118in diameter. Three royal poinciana specimen trees, one avocado, one gumbo limbo, one strangler fig and one indian chestnut as mitigation and in accordance with requirement of chapter 17, the applicant proposed to install a of two hardwood trees within the lot and one hardwood tree in the right of way and provide a tree trust fund contribution in the amount of $34,000 three four inches diameter each and 16ft in height. The applicant additionally proposed the relocation of one hong kong orchid from southwest frontage to the northeast setback. A the staff recommendation is that the appeal is intended decision be denied and that the decision is upheld. Okay thank you. We'll have the first appellant. Reject their. There we go. Yeah. good evening. My name is raul and I live at 343144 gifford lane. Thank you for giving us the opportunity to speak today regarding the proposed development at 3161 gifford lane and the tree preservation and landscape measures that have been tentatively agreed with the affected neighborhood property owners. As you MAY recall, this issue was deferred from JULY public hearing to further negotiate an agreement with intended developer. I'm here today with my wife georgia and our appellant emily lazaropoulos to respectfully ask the board to defer action a until we can have a final agreement signed in order to remove our appeals. We have negotiated in good faith and we have reached a tentative agreement with the developer that represents the results of discussions between them and us a that potentially impact the proposed development in 3161 gifford lane. However, due to last minute requests by the developer to review the final agreement with their lawyer, the agreement could not be finalized before today's hearing. For that reason, we respectfully ask to take the action to defer or continue. I don't know what's the right word until this process is complete and then we will remove our appeals. In the meantime, the purpose of our tentative agreement is a straightforward to ensure the development proceeds with while providing meaningful protection for existing trees, replacements of lost tree canopy privacy landscape and erosion and drainage mitigation and protection of neighboring properties. The parties met on AUGUST 10th to discuss these concerns and we reached a specific understanding regarding tree preservation, tree relocation and replacement privacy, landscaping, grading, drainage fencing and related mitigation measures. These commitments are intended to be binding obligations for the developer and that's why we asked to wait until these are signed. At this point, emily my codefendant will walk you through some of the main points of this tentative agreement. To the chair can I ask just a quick question of the appellant? Well, just in the interest of of time um if your intent is to ask for your your best outcome tonight is you'd like us to defer this item to the next meeting is I'm understanding you. We want to go over the tentative points of the agreement to have them read into record because we we understand that we might not be on the same page of asking for continuance. That's that's clear enough. Yep. Okay. Go ahead. And of course if we can get the developer to sign the agreement today we're good to go. I want to put something on the record just just very quickly. Um it's important to note that we do have to stick to the intent decision itself. Their private agreement with the developer is separate from the board. So yeah that's clear enough to me. I think I'm just looking at you know I think everybody doesn't want to be here. No one wants to be here till midnight. So I think I'm trying to be respectful of every item that does need to be fully dealt with tonight. So if you don't expect that the developer I mean just I don't necessarily just want to sit there and arbitrate this just yet so. There will be quick. So we're not expecting to spend too much time on this. So I understand your reasons for wanting to read it and. The agreement is clear the there's been good faith on part of the developer and as well as us. So I think it's just a matter of fine tuning their lawyer wording stuff and then just move from there. So let me just let emily to walk you through some of the main aspects of. This just really quickly I have a question for you. My understanding that you're asking for them to produce a signed agreement. No. No, we provide an agreement for them to sign so we already. So that that that can be done. What would happen is that if whatever agreement you were to come to today, um we would there would be conditions and they would have to meet those conditions right. And the project would not get approved until that takes place. But as far as any kind of a signed agreement that would be separate and apart that the city would not be involved with that. Right. >> so that that's where that's where we're we're going over the points. Our request is we're very close to reaching an agreement. It was not able to be signed. So MR. Otos is not the legal representative is not able to sign for his client and so his client wasn't able to sign. So we want to go over the points our asks would be for a continuance because we're we're close to reaching the agreement to be able to sign. We don't want to. After all, the main. The main issue is that we're here for a tree appeal. So there's aspects of your agreement that you know it's outside of the purview of this board. So [Laughter] When you're talking about when you're talking about things like fencing grading. Things. >> I think we're making too much stick. To the tree. >> of focusing on the trees. We're not changing the design of the property. We're just getting an agreement of the trees that have to be preserved, how they have to be preserved and if we have an agreement now there's a portion on the right of way of the trees the trees that are on the right of way of the street that we believe that the developer has come to an agreement with the city. We want to ratify that agreement and move forward from there. So there's two aspects of that. The developer agreed on the mitigation and replacement or a re transfer of the existing trees to the right location. And the second point is that the city works with the developer to mitigate the trees that are in the right of way. So that's the two the two main things that we want to accomplish. Because we did come before the committee in JULY where we were seeking an appeal and we were told by the committee to go negotiate with the developer, which we've been diligently doing for the last few months. So if you let us go through our presentation I think it will all make sense. But we we do you know, focusing on the trees this is a picture of the beautiful canopy that is on the lot at 3161 um that that we have you know, we highlighted the dates here since JULY 21st we've had a meeting on AUGUST 10th with the developer and we've subsequently been negotiating, but we were told at the last meeting here that that we were to go negotiate with the developer and the city, which is what we've done in good faith. Do you want to just start? Okay. Hi again emily 3172 um so first uh tree number five the royal poinciana is addressed through a meaningful um replacement commitment. Our preference was to keep this tree to due to the high impact of its canopy not only in the development lot but onto the street, um the building codes, you know, I've made it pretty impossible to allowing developers to construct 70% of the permeable area. Um so as such we did make a concession on this for replacement for this beautiful tree. I thought which one it was um it's the one in the center that has um a huge canopy. So under the agreement our um proposal was tree number five would be replaced with two live oak trees with a minimum 12 inch D.B.H at installation. Um they must have a substantial canopy consistent with the purchase with the purpose of providing meaningful replacement um second trees three and six um would be given every reasonable opportunity for relocation. The developer has agreed to make reasonable efforts to relocate these trees in accordance with the city of miami bonding and preservation requirements. Um, if the relocation of either tree is ultimately determined to be infeasible, the agreement requires that tree to be replaced with equivalent tree canopy. Um, that provision provides a clear mitigation path for recognizing that tree relocation must ultimately be feasible and consistent with city requirements. Um third we'd like to address the trees that are specifically identified for preservation trees one, two and four are to be preserved in accordance with the current plans. Importantly, the agreement requires the developer to coordinate with the city of miami and public works so that preservation of these trees is compatible with the proposed sidewalk and the applicable triangle of visibility requirements. And we spent we spent a lot of time with the developer going back and forth on this that um there's different things pinching of the sidewalks. We have several examples that we went over in the grove where you're able to preserve the trees and go around and that he felt comfortable that with the vision triangle he would be able to to meet those requirements. I know it was something that initially proposed by the city to remove these trees, but we we are in agreement subject to the city being okay that there would be ways that we would be able to have the sidewalk and be able to preserve the trees and the vision triangle. Just one comment I we also agree that tree number three will be moved to the back of the property to allow for the sidewalk to be run through that same section. So I think we have come to a compromise where we believe we we're happy but we we want to be sure that the city agrees with this and that we can move forward. Is that the end of your presentation? Okay. >> and so, um, we're almost finished uh, um so forth. The privacy and screenings are an important part of the agreement. The developer um has agreed to help um maintain substantial and continuous privacy landscaping, um among the property boundaries where appropriate buttonwood or colutea um this landscaping is intended to address the concerns of neighboring properties and provide meaningful visual buffer between development and surrounding homes which um yep. And then fifth uh agreement addresses grading erosion and the berm. The developers committed to constructing the berm and performing the associated grading necessary to address existing elevation difference and erosion conditions consistent with city approved plans and regulations .Um, this is significant because the impacts of development are not limited to trees. Changes in elevation and grading can affect neighboring properties drainage and erosion. Um and this specifically recognizes and addresses these concerns um along with protecting the neighboring fences. So we want to emphasize the accountability built into this agreement. The agreement um expressly states that the tree preservation relocation replacement landscaping and their obligations are intended to be binding commitments of the developer. The obligations are to be sufficiently specific to allow verification of compliance and enforcement. Um and the agreement also provides that modifications, waivers or releases of these obligations must be made in writing and signed by the affected parties. Um the revised tree and landscaping plans including the diagram identifying trees to be preserved relocated, removed or replaced or incorporated into exhibit a and are intended to be binding binding components of the agreement. Um so in closing we believe this agreement provides a reasonable and concrete framework for moving forward. It recognizes that development MAY occur but it also establishes specific commitments to preserve existing trees, relocate trees where feasible, replace lost canopy, provide substantial privacy landscaping, address grading and erosion and protect neighboring property improvements. Um so that's why we respectfully ask the environmental preservation board to consider these commitments as part of its evaluation of the proposed development and to defer action so we can have final agreement on the preservation and mitigation measures. Through the chair. So basically just in summary we went from a plan that was losing seven trees clear cutting the lot basically to after months of negotiating in good faith getting to a point where although it is a beautiful as you saw in the pictures poinciana tree that that provides lots of canopy. We were able to negotiate in good faith that we would be able to save six of those trees and the the royal poinciana that we would be losing would be replaced with two oaks with 12 inch D.B.H and we would have an additional green buttonwoods on the lot. We haven't been able to to sign the agreement if it's recommended to move forward with that we we would be acceptable with that. But we're very close to being able to to sign an agreement. So our request is the continuance. So what we've verbally been able to do but logistically have not been able to to sign because of the the power of attorney representative being in europe, we'd be able to sign which we think is a win win to proceed with development by being able to preserve and maintain the canopy. Thank you. Before I hear from staff because I I know what you're going to say and I'm I will elaborate further but I'd like to hear from the applicant. Uh, eros escobar 2957 coconut avenue um, and so I want to put a few things on the record. I want to say thank you to MR. Santamaria and to MR. Juvenal and MR. Smith who have had several meetings with me on trying to come to some serious concessions here both on the code as well as to the us the developers who it is not easy to build around massive specimen trees right and to completely change infrastructure and plans to make this work. But we put in a genuine effort to try to come to a consensus with the neighbors. To be clear right there are there are some big exceptions being made here. Pinching the sidewalks right is something that only juvenal and sean can can opine on. It's obviously something that has to deal with people transporting blind wheelchairs etc. The chestnut which was originally a tree that by the law of the code could have been removed. We're going to undertake saving it by preserving its root ball and planting it on the property. Um and so I just want to clarify that there's been serious concessions made. We we also own and are developing the adjacent lot which we initially proposed removals of some specimen trees and we are now going to remove none of them. We are instead going to relocate them. Some of them are 60 foot tall by 48 inch mahoganies that are incredibly difficult. But we went from removing 1617 trees to now proposing to remove one and we're going to supplement it. We're actually going to add a tree to the lot by putting two live oaks right? And we are we are going to blunt that to to be clear right after speaking with the neighbors we were presented right a binding agreement that was given to us for review and this binding agreement is outside of the scope of this appeal board right at this time my business partner and my client is not comfortable with signing anything. It hasn't been reviewed by any of our attorneys. I've had some discussions with the neighbors that there's extremely sensitive language that you know that there's no there's no shot that we're signing or agreeing to anything right until if even necessary until it is properly reviewed by by our attorneys. Right. That would put us in a very difficult position and in this agreement there isn't any there isn't any circumstance for the neighbors if I the developer fail it, you know, for any of these agreements I don't repair the fences. The trees that are plant are not to the heights that are designated in this agreement. I have breached this private agreement. Civil agreement. Right. And so we we would prefer not to continue losing time on this development and push it along into another hearing because we we are going to we do have to remove the poinciana, but we're going to replace it with oaks. We're going to go net positive on the trees on this lot instead of negative if we have a contribution to the tree fund, I let the neighbors know that they would like instead of the tree fund going to just a random section of the city to try to advocate for keeping the beautification of what would go through that tree fund within the gifford and matilda areas. so like that we get to reap the benefit of providing money towards the fund and the beautification of the street and for the purposes of this agreement on the record, we agree with the majority of it we will if if we cause damage to the neighbor's fences we will replace it if they want us to increase the height of some of those privacy screenings even though it's not a code requirement, we'll do it in good faith to make sure that our neighbors are happy like that both for the properties you know, give a level of privacy. But as far as like signing an agreement and it being the requirement to dropping the appeal which continues to push back this development, it's not something that you know, it's not something that we are considering at this time. So you are not agreeing to continue. >> I am not agreeing to signing signing a no private document, but I am agreeing to the terms that we discussed of planting additional trees, of not removing the trees that we initially requested of blunting the difficulty of keeping specimen trees five feet away from major development and we will absorb all of that. We will no longer remove any of those trees. We will keep all those canopies. The only tree that we were requesting to move is tree number five. MR. Chairperson. Yes please. If I MAY. Yes. So we did hold meetings with MR. Escobar and just to kind of reiterate what the city is okay with um the four trees that are located in the right of way. Three of those are to remain in place. One of those the indian chestnut which I believe number three was proposed to be planted within the lot um other than that the removal of the royal poinciana within the buildable footprint we gave an administrative approval for we're okay with everything else the the only issue we have here the signed agreement the city can't be involved with anything like that obviously um privacy screening grade changes all of those other things are not part of the appeal process. The only thing that's part of the appeal process is the actual tree activity. So yes go ahead. I'm sorry luis were you going to say something? No I wanted to sort of make sense procedurally if you want to get into the merits. Um so just to kind of take inventory of where we are, you are here with the hope that you have the private agreement signed in the form that you've presented it first and foremost, it sounds like you have no you will not sign that agreement as it's been presented to you. Am I understanding that correctly? That is correct. What we want is a binding agreement whether if this board is going to present that or enforce that or the city, fine. But what we don't want to go is just go with a verbal agreement and then coming out of this and then they either go above the board and a change the approach and then we're basically back on. With nothing. >> so for clarity the powers of this board are to either grant the appeal in its entirety, deny the appeal in its entirety or grant and deny it in part. There are elements here that fall outside of our purview and I don't think we can we would be stepping outside of our legal bounds to involve ourselves, for example, in the issues of the fence. That's not what no defense we can defense and other private things. We can take it apart. Let me just guardrail this for a moment just to keep this kind of flowing. Um effectively what we can address here are the issues of the trees. So what would be very helpful I think for us to understand is where um are there elements the final tree layout that we're seeing here this is your preferred this you're happy with this arrangement that as presented here. We agreed with this drawing. That is what uh MR. Harris presented to us so we're in agreement with that. So if our appeal. Sorry the main point was just the city agree that three one, two and four will remain in place for the trees performance. Perfect. >> so MR. Smith, this is acceptable to the city and this is acceptable. This is your plan? Yes I we we did this this plan and obviously this was after coordinating with the. So to understand if we were to in just for a procedural standpoint, if we were to effectively grant the appeal and deny the appeal in part because ultimately you've appealed the entire decision. So you are accepting that he does some of the remedial. So we would deny that part of your appeal. We would agree to this plan through our part of our granting and part of the appeal. You'd be happy with that outcome. >> we will be happy with that and then we'll work the remaining agreement between both parties in regarding fencing or. You guys can deal with that outside the purview. >> of this improvement. We can do that. Likewise you would be comfortable if we this board took such action. I would I would be comfortable I propose this drawing and because this is something that I thought that we could achieve and I agree. I think unless there's anything else I'd be very happy to promote a bifurcated appeal at appellate um granting we all good right? Yes. Uh except we need to have the you were number three or number four. Number four. Number three. >> so both three and four agree. Yes. >> okay. Yes. >> MADAM Attorney, I think you have something you wish to say. >> I just want to make sure that I understand. So basically in essence what you're going to do is you're going to deny or deny the appeal in part. See this is why I stand away from deny the appeal in part and accepting the modification as set forth in tree and final tree layout that's been presented now correct. >> so deny the appeal in part grant the appeal in part accepting the modifications to the permit as presented in the exhibit before us now. >> right? That's right. That's why I say deny in part because you're accepting the modification. So that's somewhat of a granting. However we need that to work for the city attorney's office. I'm very happy. So we're going to this would be an attachment to the resolution as exhibit a so if I understand it correct it would be a motion to deny in part both item three and four modifying as set forth in exhibit a which is the final tree layout as presented here. Correct. >> that is the spirit of my motion. Just just a slight clarification this we there's another part of the full diagram that has the d, b h requirements and everything else. So this is a snapshot. We would want the full one that if we put it on there it was too small to read to actually be. >> do you have. >> a do you have that? I provided that to shawn in an email for for the purposes of presentation. Shawn if you see it there it'll have the updated caliper of the oak trees. Yes that's confirmed MADAM. Just for clarity this is the applicant's document that you're referring to that he submitted to you that you're accepting as acceptable the one with the dbh that you're drawing reference to. There's another. Speaking to the microphone. There's another there's a version of it that we would want to go into record that has all the details. It was so small if you tried to project this. >> I understand so I'll amend my motion to reflect that as preferred exhibit a. So what I would do what I would do is because I don't. The drawing. I make sure that the clerk gets a copy of that as well for the record that you showed the. Board so that looks like it's lo1. Um I provided l1 and l2 to shawn in an email and. So l1 and l2 are the final tree layout. That is correct because l2 is the one that's going to show the plantings of the new live oaks that we're proposing okay. And l one is a is the same similar picture as the final tree. Yeah. Just need to be the new versions of l1 and l2 because they were previous versions. So this is the one dated a. Row one second. Number ten 2000. Let me just clarify for the record l1 is the the the plan that's going to show relocations and removals and trees to stay l oh two will show final plantings which include the addition of the of the oak trees. Okay so just to be clear what revision of that is already in project docs if any. It has not been in project docs because it was subject to the this agreement. So if it were to go into project docs today what revision number would it have do you know. >> I'm not sure it'd probably be revision 4 or 3 something along those lines. >> I believe it would be three. Can we just clarify so um is it the plans that were just submitted to the clerk? Can we establish. Well my the reason why I'm being so technical as to the revisions is that once they upload them they will automatically already have like their own designation to what it. Is. >> I won't I'll leave it. Be right. So I'm trying to make sure that whatever reference we put in the resolution, it's clear that it matches whatever is uploaded. >> I just want to ensure that because we're talking about a document that is not immediately in front of us, I want to make sure that both parties are referring to the same document. And just to clarify, it is the intent of my motion that it captures the document that's agreeable to the appellant and to the applicant. So I just want to clarify that for the record. So so the way that I would say stated is this is that it would be a motion to deny in part accepting the modification as set forth as in l1 and l2 version three. Three I believe I'm checking on that version. MR. Smith do you have that open on your screen? I'm checking it now to see the versioning. If we could just take a moment and then just have the appellants look at that and confirm that that's the version that they wish to see reflected. Thank you. And for clarity of the record city through the chair the clerk was handed these two pages. They have not been distributed to the board. Are we to accept these two pages or wait for confirmation from staff? >> we're going to wait for confirmation. Thank you, thank you. Didn't sound like you guys were far off at all. No, not at all. No I think we're. I think no. They just wanted to make sure that whatever agreement was was bonded was something that was enforceable. And thankfully the city attorney and shawn and his team can enforce it right via an uploaded final document to be approved in project docs. I hope the rest of tonight's agenda is as convivial as your two interactions. So yeah, unfortunately we heard cases where the board has agreed granted the appeal and then after that have been. No. >> we appreciate where you're coming from. So like okay we want some certainty that this is binding that they're not going to go around this. MR. Smith. >> so yes, so in our project doc system it will be version six. Uh, the actual drawing is version three but in the project doc system it's version six. Could I ask that the appellants come look okay I'll pull it up. Tremendous. Give me one moment. It takes a second to load. And if it and if it's exactly the same document that's in the possession of the city clerk, she can mark it right now lo1 version 6lo1 version two version six and then that way we have a document. >> can I can I make a suggestion? Wouldn't MR. Smith be able to verify that the plans that we're referring to now that are uploaded meet the intent of what we're talking about today to. To clarify they haven't been uploaded yet, right because they were pending this decision. Like if we say something like the plans that were discussed and approved with the mitigation charts on sheets l one and lo2 as presented on the screen and the submitted information and then MR. Smith can verify that that's six or 3 or 4 or whatever it is in the project docs. So I'm okay with that. I think that would be up to the board though right? I'm just trying to make it easier. They've made the plans. They have an agreement now it's just a matter of how to track those plans are submitted to the city correct. The same ones that we're all talking about. I think first and foremost I'd like to make sure that the plans that we're all referring to are the same ones. So let's get it up on the screen and then whenever MR. Smith finds his way onto that screen and. Whatever he's stuck there and not on the [Laughter] [Laughter] Powerpoint. I do not know why. >> we can't see them. And just a point of clarification would at this point um since the applicant is agreeing to this this would be binding because we know there was another case that was approved this at the board and then overturned it got appealed and overturned. That point. If we're both agreeing it's. Binding our decision is appealable. So if somebody wishes to appeal this whether you or the applicant or a member of the public withstanding it would appeal to the commission. So this can be appealed. But that's all we can do at this board is to decide. But there are appellate rights. I can't imagine anyone go through that effort considering that the