Fact Sheet a New Landscaping Project

FACT SHEET A NEW LANDSCAPING PROJECT. . WILL BEGIN IN YOUR AREA FIN# 405610-4-52-01 Begins: November 2013

OVERVIEW "Z.-o On Monday, November"H,-the Florida Department ofTransportation (FDOT) is scheduled to begin a landscaping maintenance project that extends along SR 972/Coral Way/SW 22 Street from SW 37 Avenue to SW 13 Avenue.

WORK TO BE PERFORMED AFFECTED MUNICIPALITIES • La ndsca ping City of Mia mi, City of Coral Gables • Trimming trees • Removing damaged and dise"

PROJECT SCHEDULE LANE CLOSURE AND DETOUR INFORMATION November 2013 - January 2014 Lane clo,sures will occur only during non-peak hours on non-event days/ nights/weekends. Non-peak hours are: • 9_00 a.m. to 3:30 p.m. weekdays and weekends • 9:00 p .m. to 5:30 a.m. Su nday th rough Thursday nights • 11:00 p.m. to 7:00 a.m, Friday and Saturday nights Submitted Intei the public record in connectiQn Viitn HELPFUL TIPS 1t'3,1ll n{j.,- on 11/2.1 II21 .: • Allow extra time to reach your destination Prjscill~ A. Thomp~ol1 • Obey all posted signs and speed limits , ,_ City"'Clerk • Watch for signs with information about upcoming work and traffic conditions ALWAYS PUT SAFETY FIRST For your safety and the safety of others, please use caution when driving, walking or biking around any construction zone. Wearing a safety belt is the single most effective way to protect people and reduce fatalities in motor vehicle crashes. The department takes steps to reduce construction effects, but you might experience the following around the work site; • Side street, traffic lane and sidewalk closures • Increased dust and noise • Workers and equipment moving around the area. Please note that this schedule could change due to bad weather or other unexpected conditions,

FOR MORE INFORMATION ~40 - 7~9]'; For more information, please contact Project Engineer Anthony Sabbag at (305)56-6380, or Public Information Specialist Cari Mesa at (305) 640-7441 or [email protected]. ~SIX~ CONSlROCI1ON ~ 1000 NW 111 AVENU E MIAMI, FL 33172 flt(H 40.5610·S·S2·Ql Bi~n$ : N9vember2013

PROJECT LIMITS: SR 972jCoraJWayjSW 22 Street from SW 37 Avenue to SW 13 Avenue

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Submitted Into the public' record in ~onnectiqn ~\ LEGEND 1,9<'11 nn!J on 1/{21 ~ Prjscill~~ A. Thompwn' EJ Project '-' <, City-clerk;

1000 NW 111 AVENUE M IAMI, f L 33172 11,,,/ /1 . ,

CITY OF MIAMI. FLORIDA INTER-OFFICE MEMORANDUM

TO ; Honorable Miller J. Dawkins DATE : December 22, 1988 A~MIA-88-76 City Commissioner SUBJECT : Request for Legal Opinion; Coral W~y Banyan Trees

'ROM y 4.J.~. :J,....u.~~~~.. REFERENCES : Resolution No. 88-1212 City At 0 ENCLOSURES :

This is in response to your request for a legal opinion wherein you asked substantially the following question:

WHETHER ALL STATE OF nORIDA PREREQUISITES POR REMOVAL OF TREES ON CORAL WAY, PURSUANT . TO CITY COMMISSION RESOLUTION NO. 88-1212, H/WI': BEEN SA'rISFIEO?

The answer to your query is in the affirmative. At the City Commission meeting of December 15, 1988, you asked "What is the ruling from the State of Florida on the moving of Banyan Trees on Coral Way?" In response, Assistant City Attorney, Joel E. Maxwell, stated thl:lt the State of Plorida had deferred to the City on the matter of tree removal inasmuch as Coral Way is a Scenic Corridor protected by the City's Heritl:lge Conservation Aoard. Thus, the City's regulations would govern. On June 7, 1984, the State of Florida designated Coral Way as a State Historic Highw"lY. Ch. 84-379, Laws of PIa.. (the "Act"). The Act provides, inter alia, that: Section 2. Coral Way is hereby designated as a state historic highway. No state funds shall be expended by any publIC ;' .:. <"'::. body or agency for any of the following , ".':1 ~ ~ , ,.:, :';J purposes: ,:!. '.cD \:.:. .::> '" rT" ~ c- -: ".. (1) To cut or remove any tree having a . ~ diameter at its thickest part in excess of 6 N inches within 35 feet' of either side of the ' paved surface or the median of Coral Way. or to engage in an activity which requires the removal without replacement of such a tree; , . ., (2) To alter the physical dimensions or location of Coral Way except for the addition of primary or seco ndary roads intersecting ·th ubllc'" the limits of Coral Way. "'ubmlttedlnto ep . ~u f wltn record in connec(IIffl:IIIJ 'tom nA·6" on !!..:-~--- - Prjscill:~.A. Tho~PbOl\ "- ., City Clelt Hono~able Mille~ J. Dawkins Decembe~ 22. 1988 City Commissione~ Page 2

Nothing in this act shall be const~ued to p~event the o~dina~y maintenance and ~epai~ of Co~al Wav. p~ovided the physical dimensions and location of Coral Way a~e p~ese~ved. nO~ to p~event any work that i~ necessar fo~ the ublic health o~ safet as deter. n tea enc havln urlsdiction over the port10n 0 Coral way 10VO ve. The te~m "o~clinary maintenance" means those activities necessa~y to p~ese~ve the existing traffic patte~ns including left turn lanes and median crossings and to accommodate the volume of traffic ope~ating on Coral \~ay on the effective date of this act. However, the p~eservation of Co~al Wav and the median landscaping take priority over considerations of traffic management, and the public safety shall not be construed to require alterations in Co~al Way or the median landscaping when alternative means of promoting safety, including more restrictive traffic regulations, are available.

Section 3. Prior to the pe~formance of any work nec.essa~y for the publ ic heal th or safety that requires removal in it~ entirety of any tree within the median of Co ral Way, the agency . having jurisdi.ction OlTer the portion of Coral Way involve3 shall hold an advertlsed pUblic meeting to present findings of fact necessltatlng said work and removal of trees.

Section 4~ The proviSions of this act sha:!:l not supersede a more restrictive law, ordinance. or regulation already in the effect or taking effect after the effective date of this act. ••. n

Ch. 84-379, §§2, 3 and 4, Laws of Fla. (Bmphasis supplied.)

The City of Miami has jurisdition OlTer the subject area of Coral Way. On September 20, 1984, the City of Miami adopted Ordinance No. 9897 designating Coral Way as an Bnvironmental Preservation District and Scenic Transportation Corridor. ~s an Submitted Into the publi~ record in connectiqn Wi~l f \~~,.., n~l5' on 1//21113 , Priscil'" A. Thompborj Cit{Clem Honorable Miller J. Dawkins December 22, 1988 City Commissioner Page 3

Environmental Preservation District ("B.P.D.") trees on the street are under t.he .,uspice of Chapter 17 cif the Code of the City of Miami which sets forth procedures. standards and criteria for tree removal in B.P.D.'s. MIAMI, FLA.., COD!;; S§17-4. 17-6, 17-8 and 17-11. Said regulations are more restrict ive than Florida Law 84-379 and provide for properly noticed quasi judicial determin~tions by the City of Miami Heritage Conservation Board ("HCB") prior to tree removal 3ctivity in any B.P.D., including Coral Way. MIAMI, PLA., CODe §S62-72 (5) and 17-4.

All action by the HCB on issuance of a Certificate of Aporopriateness. which is required for tree removal in an E.P.D., require a noticed public hearing. MIAMI, PLA., CODe §17-3. Consequentl'y, the Coral Way tree removal activity was the subject of a properly noticed public hearing by the Miami Heritage Conservation Board on Octobf>r 25, 1988. Said notice included, newspaper publications, mail, and posting, as well as a courtesy notice to the state. (See Attachments 1 through 11, hereto). As a result of that meeting the HCB adopted Resolution No. HB-88-76, granting, with amendments, the appl icant' s request to relocate certain Banyan trees currently on Coral Way.

The HCB's approval was appealed to the City Commission by the City's Planning Department and the City Commission held a properly noticed (Miami News, December 2, 1988) public hearing on the appe.,l on December 15, 1988. Resolution No. 88-1212, authorizing. with conditions, the tree relocation manifests the City Commission's decision on that appeal.

The City of Miami Code provides, inter alia, that:

The City Commission may affirm, modify, or reverse (the Heritage Conservation) Board's dec'ision. The decision of the City Commission 'shall constitute final administrative review and no petition for rehearing or reconsideration shall be considered.

MIAMI, FLA .. CODE §17-ls. (Emphasis supplied.). The City Commission's action modified the HCB's decision. See Resolution 88-1212.

Clearly, pursuant to section 4 of Chapter 84-379 of the Laws of the State of Plorida. the City was empowered to adopt more Submitted Into the publiC" record in connectiQn WiUll ~9"1 OR Ii on II/ ZII1313 Priscil"~ A. Thom~~; City"Clerit Submitted Into the public record jrl connectiQn wrtn \tam (I H' tj on !,!,/t!.:;IZ::.:,llI,;,.::'?_ .. ' Priscill~~ A. ThompbCll'> " '-. , City'Clerlt

Hono~able Miller J. Dawkins Decembe~ 22, 1988 City Commissioner Page 4

~est~ictive ~egulations ~elativp. to p~otection of scenic highways within its ju~isdiction than p~ovided fo~ by the state Act. Fi~st, the subject t~ee ~P.location activity does not involve the expenditu~e of state funds. Second, as evidenced by the attachments, hereto, it is abundantly cle/l~ that the City held prope~ly notic,ed public headngs by the Heritage Conservation Board and City Commission on the subject tree relocation activity. Chapter 17 of the City Code, by virtue of its nature and composition, superseded Chapter 84-379, Laws of Florida, inasmuch as said City Code regulations, standards and. criteria for tree ~emoval activity ,in an Envi~onmental Preservation District, such as Coral Way, are far more extensive and restrictive. :rhus, affo~d g~eate~ protection to the environment and due process rights of the public.

Until judicially or legislatively dete~mined otherwise, this Office is of the opinion that Chapter 84-379 has been superseded by City ~egulations, and the City, by virtue of having properly followed procedures outlined in Chapter 17 of the City of Miami Code, also satisfied State ~egulations. 'rhus, tree relocation activity on Coral Way authorized by City Commission Resolution No. 88-1212 on December 15, 1988, has been properly reviewed and authorized pursuant to law and should be allowed to proceed.

Prepared by: Reviewed by:

~ E. Maxwell ~~ istant City ttorney JLF/M/db/M146 I'.ttachments cc: Honorable Mayor Xavier L. Suarez (w/attach.) Honorable Vice Mayor Victor De ¥urre (w/attach.) Honorable CommisSioner Rosario Kennedy (w/attach.) Honorable Commissioner J.L. Plummer (w/attach.) Cesar H. Odio, City Manager (w/attach.) Sergio Rodriguez, Director, Planning Dept. (w/attach.) Joseph McManus, Heritage Conservation Officer (w/attach.) Sara Eaton, Historic Preservation Planner Planning Department (w/attach.) Debbie M. Orshefsky, Esq. (wfattach.) Joe Wilkins, President Miami-Roads Neighborhood Civic Association (w/attach.) by th~ G~vlI'rnor Hay 31, 1984..

in ntfice Secrttary of State May Jl.

CHAPitR 8"'- .17~

S~natt Bill No. 795

An ~Ct rtlatl~~ to th~ dlsigoation o! statt historic hl9hways; deslgnating ~oral Way i~ Dade county AS a stat~ historic hiqhvay; providing & definitton: providinq restrlctlont on the rtmo~al oC trt~s from said h(9h~ay; r~strfctin9 alterations t~ the physical dl~ensions or loc~tion o[ the hir;;lh'Ji'!Y; providin9 for a public tnt.'etin'1 prior' to the c21l1cvill at trees under certain circum.6tancu: pre·,jdinq (0: th~ erection ot &tlitable m&rke~s: p~ov;ding an effective date. WH£REAS, in 19.:'9 Hr. A. D, ""rnes. ,,0 ul?loyn ot Dadt county. rtoo)!: the prehct o( b.!!iluti [yIn? the then baretn and unr.il!·t ~loped frol:'l S"l 15th 1I08d to 5',1 J7th ~ve!'lue ,kno\Jn u C.Jra.1 W~)' . ant!

'IfWHER~AS' I)n Indepencl'!nce Day . '!'~:'9 . 'th'! fin., ban)'o1n tretS •... ere p anttd o~ both Sldes I)f Coral Way, thl?!"~by e::tabli,hin.Q the first U' s ~( ficus tr,~, ~s a continuous ~oad~~d~ l~nds c ~pe , desiqn In South F ,lonc:!;:s, .end_

J..·,n~RE,A.S. 1n !9l8. "hen the s~.reetCar t.r:.c1Ui VHe ,emO'lec.i (r('lm the m .l~dri.,n or Co ral w.e.y. th~ tan>'an t,ep.s ...·"rl!' ralocac.

·f Section 2. C"ral WlIl' l' hereby deSl?n'leed as 4/stHe h Isr:oric hi~~wIIY. ](0 state funds lihall be I!xpe"rlr?d by any pUbl ic body or ~pe · nCjl for ilny of the loUo·... tM purpose5i:

.;" (I) To cUt cr relllOV~ anr tree h~'1inq a · d l aml!tp.r at !t .r; thickest wrt in excess o( 6 lnche.3 vjthln .15 f"!"!t of dther side o( thr p~ved i\iHao:e or the median ot Cora ). ~li.ly. cr to ~n9a~f 1n an ' Activ i t,y Io'hich rjt~lIirlt!O r~he re.:tlO".l vitholJt rt'plac~ment of J:uch a t ree j

(21 fa ~lter t~p. physical dimensions or location of Cora! "'ay e";ccept for the ad,dition of primary or secor',dary roads inr.erH!ctinq thll! limits of Coral Way.

Nothing itn tr.~:; act shalJ be .;onstrucd tl) pre... ent the ori:i~n-lr}' maintenance end rep~lr oE Coral way, provided the ph ys!c;: dln~nsl~ns ~nd loCation of Cd~al ' ~3f ar~ pr~s~ryed, nor to pr

CHc\PTER 84- 37 9 LAWS or fLORIDA CHAPTER 84 - ]i 9

i5 n.cu's.ary fot' t.he. public::: health or safetr IS! dat.lHlflin.d by the l a~ency h8vin~ juri5diction gVer the portion or COral Way involved. The terlfl "ordinary lfIainlenancf~ means thO$~ activJtiec necessary to p~t ••rve the existing traffic patterns includin9 left t~r" lane5 and median ct'olsinq~ ·and. to 8ccornmodete the V01Ullf! of traffic operatinq on Coral Way on the effective dilt.e of this ICt.. Howeve.r, tht' preservation oC Coral Way end the ~.dian land~capin9 take priority o'/er ,=onslderatlons o[ tnHic a.aneg.m.nt, and the public 9afety shl-ll not be I;onstrued to require alterst:ion!: in. CO,"il Way or t.he, median landscaping ~hen alternltive me~ns ot pr9motlnq ~&!ety, including more restrictive tr~f(ic reOU14tions . are ~yailablt. Section). Prior to the par{onmAnce of any'work ne~es.ary for the public health or SAfety that reqoires removal in its entirety of any tree vithin the median of Coral Way. tht agency having' jurisdiction Qver t~e portio~ of Coral Wey involved shall h~ld en advertistd p\.lblic: - meetil"lg ' ' to ' pre~ent findings of f"et ru;!ce~s.ita.ting said ~ork. and ~.moyal aC tr~eS. .

Sectlon 4. The provis!o;\{; of this act "hall not ~\Jpe[,slldf!! a. more restrictiyt la"".... ordin"nce. or regular:ion alreAdy in tCfect. or taking eCtect atter the elrcctive date of this aCt. Section 5. , The Dlvision of A.rchive.!!. Hi..story. and itec:orc!s H8na98ment of the cII!partmeot of St.ate .!....h811 provide tor the ()rect\on oC suitable ~aiker$ on and along Coral way . Section 6. This ac:t chal1 take eUeet open. becoming e law, Approved by the Governor June 7. 1984.

pil~d in oEctee Seer~tary or State June " 19B4.

CHAPTER 84-380

~o~Se B~11 No. 1262

An act relating to ~ater ~esource~: providjng leqislstlve intent; tra~5fer~1nq to the North~e$t Florida Water Management Distrlct the ~uthority of t.he Dead Lakes Wattr Han4gement District to apply for permlts for de~truction of the Dced Lake~ dam structure; requirin9 r~Moval o r 9aid d~m~ providin9 an .ffeclive date.

S\? It enact~d by the Legislature of th~ Slate 0'£ florida:

Section 1. 1n ac~ord&nce vit~ State poli~y eSl"b1jch~d ~y Article II. :. 7. ot the rlorid.a cOl\5tituf.lon. f.ht Legishtur" dc-clares it t¢ be the inl~ult of this act to prOll'Iote the conservat ion and p~otecl ion ~C the natural resources of thi' 9tate.

SectiOn 2. (l) ContTol of: the Dead Lakes dam str\Jcture i.s tlereby transferred to the Northwest Florida Water Manaqtfflent District (or the sole purpose of the removal of ;uch dam. wiehin)O dars alter the eflp.ctiv! dotB of this act, the district shall make 8pp lC5tion for permits required to eftectuate such removal (rom the following agencies:

, Submi~ed Into the public' record rn connecti n itr: lt~ nR§ on /I 21 J Priscil':~ A Thomp~or. City'Clerlt