LTC 159-2021 PALM TREE REMOVALS ANTICIPATED TO TAKE PLACE 1) WITHIN THE NINETY (90) DAY PERIOD FOLLOWING THE ADOPTION OF RESOLUTION NO. 2021-31653 SPONSORED BY COMMISSIONER STEVEN MEINER; AND 2)M IAMI BEACH
O FFIC E O F THE CITY MA NAGER
159-2021 LETTER TO COMMISSION
TO :
FRO M :
D A TE :
Mayor Dan Gelber and Members M~? Commission
Raul J. Aguila, Interim City Mana~~lt
April 13, 2021
SUBJECT: PALM TREE REMOVALS ANTICIPATED TO TAKE PLACE 1) WITHIN THE
NINETY (90) DAY PERIOD FOLLOWING THE ADOPTION OF RESOLUTION NO.
2021-31653 SPONSORED BY COMMISSIONER STEVEN MEINER; AND 2) FOR
INFORMATION PURPOSES, PALM TREES SCHEDULED TO BE REMOVED
BEYOND THE NINETY (90) DAY PERIOD
At the March 17, 2021 City Commission meeting, the Mayor and City Commission adopted
Resolution No. 2021-31653, sponsored by Commissioner Steven Meiner, and directed the
City Administration to prepare a Letter to Commission (L TC), identifying palm removals
anticipated to take place within the next 90 days (from the date of the adoption of the
Resolution), in order to permit members of the City Commission to identify tree removals
in specific areas that may be of significant concern, and request that the City
Administration hold such palm removals in abeyance until such time as legislation
proposed at the March 17, 2021 City Commission meeting, regarding preservation of palm
tree landscapes iconic to Miami Beach's culture and history, is considered; and further
providing that the intent of the Resolution is to accommodate preservation concerns while
minimizing any delays to City construction projects that are currently in progress." (See
title of Resolution No. 2021-31653, attached in full as Attachment "A" to this L TC).
It should be noted that the Resolution did not include the North Beach Oceanside Park
Beachwalk Project and the surface parking lot at Biscayne Beach, which were both
previously approved by the City Commission.
Background
Palm and canopy tree removals occur in the public right-of-way, public property, and City
parks for three reasons:
1. Permitted removals associated with private construction projects;
2. Permitted removals associated with public construction projects; and
3. Emergency removals associated with palm and canopy tree hazards that
present an immediate threat to life safety.
The City's Urban Forestry Division administers the City's Tree Preservation Program
which, pursuant to Chapter 46, Division 2 of the City Code, establishes the City's tree
permitting program for the removal or relocation of any palm or canopy tree on public or
private property. When palm or canopy tree impacts are unavoidable during construction,
this section of the City Code requires mitigation to be in the form of new canopy trees.
When tree replacement is not feasible there is an option for the applicant to pay into the
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T ree Trust Fund.
T he Urban Forestry Division review s appro xim ately 1,800 building perm its, 200 tree perm it
applications, and issues (on average) 12 0 perm its annually. T he U rban Forestry Division
w orks closely w ith applicants to identify proper tree preserv ation and protection is adhered
to, and that palm s or canopy trees pro posed to be rem oved are m itigated appropriately.
D u r in g th e p r iv a te d e v e lo p m e n t p ro c e s s , p a lm s a n d canopy trees m ay need to be
re m o v e d a n d o r relocated fr om private pro pert y and/or the C ity right-of-w ay. Urban
F o r e s try re v ie w s th e s e a p p li c a t io n s c lo s e ly to d e te r m in e th e p ro p e r m a n a g e m e n t
a p p ro a c h , c o n s id e r in g c u r re n t h e a lt h a n d c o n d it io n o f th e tre e in re la t io n to th e p ro p o s e d
w o r k .
F o r e x a m p le , T ab l e 1 b el o w p ro v id e s a n o v e rv ie w o f a ll p u b lic a n d p r iv a te p ro p e rt y
permitted palm removals, relocations, and new plantings over the past three years.
During this timeframe, a total 0f 1,941 palms were removed and 3,553 palms were planted.
This is an 83% increase in palms Citywide over the past three years. This trend is expected
to continue into future years and is consistent with the Urban Forestry Master Plan to
expand both palm and tree canopy counts.
Table 1. Summary of Permitted Palm Removals, Relocations, and New Plantings
Palms Palms
Removed Planted
FY17/18 518 965
FY18/19 788 1,385
FY19/20 635 1,203
Total 1,941 3,553
83% increase in palms
over last 3 years
Private Property Permits
In consideration of the Resolution, starting on March 17, 2021, the Urban Forestry Division
ceased issuing new permits to private properties requesting the removal of palms from the
City right-of-way. No new permits will be issued within the ninety (90) day period
provided for in the Resolution unless the City Commission authorizes the Division
to resume processing and issuing permits. Typically, private property owners request
removal and/or relocation of palms located in the right-of-way to accommodate new
driveways, as well as to address utility conflicts, disease, or safety hazards.
There are currently two permit applications that have been received since March 17, 2021,
requesting the removal of palms in the right-of-way.
Prior to March 17, 2021, 11 permits were issued that included the removal of a total of 19
palms in the right-of-way (See Attachment "B").
Since, by it express terms, "the intent of the Resolution is not to create a moratorium on
tree removals" (see Resolution, Whereas clause #7), the Administration strongly
recommends that the City Commission authorize it to continue to process and issue
private property permits, so as not to create undue delay costs for property owners in
private projects.
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Existing City Capital Projects
The City of Miami Beach Office of Capital Improvement Projects, Parks & Recreation, and
Public W orks are currently advancing 23 projects', in various stages of planning, design
and construction (S ee Attachm ent "C"). During construction, impacts to palms and canopy
trees are often unavoidable. To m inimize impacts, Urban Forestry is involved in all stages
of the design and construction process. O f the 2 3 p roje cts, the design and/or construction
schedule and budget of at least 15 of these pro jects w ill be im pacted by changes to the
City C ode, the U rban Forestry M aster P lan, or City policies regarding palm s. The exact
im pacts to the construction schedule and budget cannot be determ ined w ithout furt her
research, but these m ay include pro ject delays and increased design costs.
A gain, as tim e is of the essence, the A dm inistration strongly recom m ends that the C ity
C om m ission review these pro jects carefully to expeditiously determ ine w hether they m ay
pro ceed as originally planned, or w hether changes are necessary in order to
accom m odate the term s of the R esolution. A gain, as the R esolution w as not intended to
create undue delays (or, fo r that m atter, cost increases) in City construction pro jects that
are currently in progress, it is our hope that these pro jects can be "grandfathered" in and
allow ed to pro ceed w ithout changes.
Em ergency Relocations and R em ovals
O ver the next 90-days, the A dm inistration w ill info rm the M ayor and City C om m issioner
b e fo re perf orm ing any relocations or rem ovals of palm s that pose an im m ediate public
safety concern , including, but not lim ited to, those blocking stop signs; interf ering w ith
electrical serv ices; and/or those dam aged or decayed to the point of com pro m ising the
plant's structural stability.
W hen canopy trees and palm trees are in poor condition due to disease, pest, or fungus,
the U rban Forestry D ivision conducts an assessm ent to determ ine the best course of
action to abate the spread to neighboring trees and palm s. E xam ples of diseases that
require rem oval of diseased palm s include ganoderm a, lethal bro nzing, and lethal
yellow ing.
S ince M arch 17 , 2021, the fo llow ing palm s have been rem oved fr om the public right-of-
w ay due to these em ergency circum stances:
1. 6655 P ine T ree Lane - C anar y Island D ate im pacted by the fungus ganoderm a
w as deem ed an im m ediate safety hazard w as rem oved on M arch 25. R em oval
w as coordinated w ith the pro pert y ow ner.
1 L TC 007-2021, dated January 8, 2021, as well as the Urban Forestry Master Plan Workshop
Memorandum dated March 2, 2021 listed 22 projects. This list has been further updated, with
completed projects being removed and new projects being added.
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2. 22° Street & Prairie Avenue (across from Miami Beach Senior High School) -
T he C oconut P alm has died and has been deemed an immanent hazard. It was
rem oved on M arch 22.
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3. 47 Street & Post Avenue - There are currently six thatch palms and one double
Roebelenii impacting the site line and blocking the stop sign, at 47th Street & Post
Avenue.
It is strongly recommended that the six thatch palms be relocated immediately, and
one double R oebelenii be rem oved due to extensive w eed-eater damage which would not
surv ive relocation. Pruning the palm s is not a viable option as they w ould need to be
excessively pruned over a period of m any years. T his w ill result in nutritional deficiencies,
w hich w ill require excess fert ilizer to counter these nutritional deficiencies. In addition, the
City Code (S ec 126-6(2)) states the m inim um standard fo r palm s as street trees have a
m inim um of ten inches diam eter at breast hei gh t (DBH ) and a m inim um of 15 feet of clear
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or grey w ood at tim e of planting. The pro visions are in place to avoid situations like this
fr om occurring. B ecause w e received a com plaint fr om a resident of the neighborhood
pro testing the rem oval, this part icular relocation and rem oval has been put on hold until
furt her direction is pro vided by the M ayor and C ity C om m ission.
A g ain, w e stro ngly recom m end that the C ity C om m ission im m ediately allow us to pro ceed,
a s this is not only a safety hazard, but also poses liability fo r the C ity should som ething
h a p p e n a s a re s u lt o f th e C ity 's fa ilu r e to p ro c eed w ith rem oval.
Furt her, w ith regard to future em ergency rem ovals and relocations, the A dm inistration
re s p e c tf u ll y re q u ests that such m easures, being critical operational functions to the day-
to-day adm inistration and operation of govern m ent (and its obligations w ith regard to
m a intenance and public safety), be excluded from the scope of the Resolution, as we do
not believe it was the intent of the Resolution to require the City Commission to approve
and sign off on these types of "emergency" removals is critical for the Administration to
have the independent managerial discretion to take expeditious action upon being
informed of emergency, public safety, or dangerous hazards.
4. Indian Creek Project- There are approximately 10-15 small Washingtonian palms
that have naturally recruited to the area since the project site was cleared.
Washingtonian palms are controlled species, and not recommended to be used
within Miami-Dade County. A tree permit is not required for their removal. Delaying
removal of the Washingtonian palms will cause a delay in the installation of
the sheet pile wall that will delay the Project schedule.
Although outside the scope of the subject of the Resolution No. 2021-31653, the L TC also
seeks to provide the Mayor and City Commission with a preview, as provided by the City's
Office of Capital Improvements, of City capital projects (beyond the 90 day period call for
in the Resolution), which could be potentially delayed should the City Commission proceed
with legislation that materially changes or alters the current tree removal/relocation
procedures in the City Code (Please see Attachment "C").
Conclusion
The City acknowledges, recognizes, and appreciates the importance of palms to the
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residents and visitors to Miami Beach. We also respect Commission Meiner's concerns,
as expressed in Resolution No.2021-31653. However, we do not think that the intent of
th e R e so lu tio n is to delay both private and public projects that have proceeded and relied
up o n th e cu rre n t C ity C o d e pro v is io n s ; so th e re fo re , as the City Commission evaluates
th e pa lm s to be removed both within the ninety (90) day window provided by the
R e so lu tio n , a n d be y o n d the A d m in istra tio n sh o u ld be afforded discretion and flexibility to
en s u re th a t w h ile ce rt a in palm landscapes may certainly be iconic to Miami Beach and
they merit being preserved, the proposed removals in both public and private project that
ha ve , in go o d fa ith fo llo w e d the process, should not be delayed, so as to potentially avoid
co st ov e rru n s , no t o n ly fo r priv ate proje c ts, bu t (if it co m e s to ha v in g to re d e sig n C ity
proje cts) fo r C ity ca p ita l pro je cts tha t are a lre a d y co n stra in e d by ve ry lim ite d , strict bu d g e ts
th a t did no t fa cto r th is pro p o se d C o d e cha n g e in to co n s id e ratio n . S im ila rly, th e
A d m in istra tio n m u st ha v e in d e p e n d e n t dis cre tio n w ith re g a rd to be in g a b le to ta ke
im m e d ia te ac tio n w he n re m o v a l o r re lo c a tio n is ne ce ssa ry to pu b lic sa fety , he a lth , o r
w e lfa re .
T h a n k yo u fo r yo u r co n sid e ratio n a n d att e n tio n to th is m a tt e r.
A tt a c hm e n ts
A: R e so lu tio n N o . 2 0 2 1-3 16 5 3
B : E x istin g T re e P e rm its
C : U p d a te d C ityw id e P ro je ct S ta tu s - M a rch 20 2 1
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Attachment "A"
RESOLUTION NO. 2021-31653
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY
ADMINISTRATION TO ISSUE A LETTER TO THE CITY
COMMISSION, IDENTIFYING THE PALM TREE REMOVALS
ANTICIPATED TO TAKE PLACE WITHIN THE NEXT 90 DAYS,
IN ORDER TO PERMIT MEMBERS OF THE CITY COMMISSION
TO IDENTIFY TREE REMOVALS IN SPECIFIC AREAS THAT
MAY BE OF SIGNIFICANT CONCERN, AND REQUEST THAT
THE CITY ADMINISTRATION HOLD SUCH TREE REMOVALS IN
ABEYANCE UNTIL SUCH TIME AS LEGISLATION PROPOSED
AT THE MARCH 17, 2021 CITY COMMISSION MEETING
REGARDING PRESERVATION OF PALM TREE LANDSCAPES
ICONIC TO MIAMI BEACH'S CUL TURE AND HISTORY IS
CONSIDERED; AND FURTHER PROVIDING THAT THE INTENT
OF THE FOREGOING RESOLUTION IS TO ACCOMMODATE
PRESERVATION CONCERNS WHILE MINIMIZING ANY
DELAYS TO CITY CONSTRUCTION PROJECTS THAT ARE
CURRENTLY IN PROGRESS.
WHEREAS, in an effort to develop and maintain a healthy and sustainable urban tree
canopy, the Urban Forestry Master Plan ("UFMP") generally recommends shifting to a higher
percentage of non-palm canopy trees citywide in order to improve the resiliency of the City's urban
forest, which will result in reducing the percentage of palms citywide by certain dates, including
through certain targeted removals of palms;
WHEREAS, the City encourages historic preservation, including preservation of iconic
historic landscaping features;
WHEREAS, the UFMP also recognizes the "iconic" historical significance of palms in the
City of Miami Beach, and acknowledges the challenge of facilitating adaptive change, while
preserving clear established neighborhood identities, particularly when those neighborhood
identities are founded in palms; and
WHEREAS, palms always have been, and remain an iconic part of Miami Beach's
landscape; and
WHEREAS, as such, the Mayor and City Commission direct the City Administration to
issue a letter to the city commission, identifying the palm tree removals anticipated to take place
within the next 90 days in order to permit members of the City Commission to identify tree
removals in specific areas that may be of significant concern; and
WHEREAS, upon receiving the letter from the City Administration, members of the City
Commission will have the opportunity to evaluate and request that the City Administration hold
palm tree removals that pose a significant concern in abeyance, until such time as legislation
proposed at the March 17, 2021 City Commission meeting regarding preservation of palm tree
landscapes iconic to Miami Beach's culture and history is considered by the Mayor and City
Commission; and
W H E R E A S , the Mayor and City Commission wish to establish a 90-day moratorium on
the removal of palms from public property except for the following two projects: North Beach
Oceanside Park Beachwalk (#26119) and Surface Lot at Biscayne Beach (#20518); and
WHEREAS, the intent of this Resolution is not to create a moratorium on tree removals or
interfere with the existing twenty-two (22) capital projects, but to accommodate preservation
concerns in areas that are most sensitive, while minimizing any delays to City construction
projects that are currently in progress.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby direct the City Administration to issue a letter to the City Commission,
identifying the palm tree removals anticipated to take place within the next 90 days, in order to
permit members of the City Commission to identify tree removals in specific areas that may be of
significant concern, and request that the City Administration hold such tree removals in abeyance
until such time as legislation proposed at the March 17, 2021 City Commission meeting regarding
preservation of palm tree landscapes iconic to Miami Beach's culture and history is considered;
and further provide that the intent of the foregoing Resolution is to accommodate preservation
concerns while minimizing any delays to City construction projects that are currently in progress.
PASSED AND ADOPTED he [la„, /ltar- 3a4
ATTEST:
(Sponsored by Commissioner Steven Meiner)
Dan Gelber, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
O
cw»y A«ore b
I
Date
A TT A C H M E N T B
Existing Tree Permits as of March 17,2021
1. 36 LAGORCE CIR
• 1Canary Date palm
2. 250 E RIVO AL TO DR
• 1Royal palm
3. 425 E RIVO AL TO DR
• 1Mexican fan palm
4. 421 E SAN MARINO DR
• 1Royal palm
5. 4481 PRAIRIE AVE
• 1Coconut palm
6. 4424 N BAY RD
• 3 Royal palms
7. 118 W 4 CT.
• 1Royal palm
• 2 Washingtonia palms
8. 8100 HAWTHORN AVE
• 2 Sabal palms
9. 1311 STILLWATER DR
• 1King Alexander palm
10.4225 N MERIDIAN AVE
• 3 Coconut palms
11. 6930 COLLI NS A VE
• 1Royal palm and
• 1Dead Royal palm
ATTACHMENT C
CITYWIDE PROJECT TREE STATUS
Will Extended
GOB Moratorium Project Phase Project Name Budget Impact Project Notes Funded Schedule and Completion
Budget
MERIDIAN AVENUE SHARED USE $300,000 Yes 2023 Due to limited space, impact to trees and palms will be unavoidable. PATH
CHASE AVENUE SHARED USE PA TH GOB $830,000 Yes 07.31.2023 Due to limited space, impact to trees and palms will be unavoidable.
TRAFFIC CIRCLE AT PINE TREE $1,100,000 Yes 2022/2023 Due to limited space, impact to trees and palms will be unavoidable.
0O DRIVE & SHERIDAN AVENUE e:
ï':
5 LINCOLN ROAD IMPROVEMENTS $52,425,000 Yes TBD Project needs to be re-designed to available budget. Adminsitration is a negotiating the re-design of the project.
41st STREET CORRIDOR GOB $15,000,000 Yes 03.11.2025 The City Commission has already established thai the project cannot impact
more than 15% of existing palm trees.
NORTH BEACH OCEANSIDE PARK $17,100,000 Yes 08.20.2022 RENOVATION
Palms and trees are in direct conflict with the proposed design and impacts
5th STREET PEDESTRIAN BRIDGE GOB $10,000,000 Yes 06.30.2023 are unavoidable. Any changes would delay project, alter design and increase
cost.
BAYS HORE PARK (FKA PAR 3) GOB $21,200,000 Yes 06.30.2023 100% Designed, project awaiting permits.
MAURICE GIBB PARK GOB $9,200,000 Yes 03.15.2023 100% Designed, project awaiting permits.
e:
FIRE STATION 1 $10,000,000 30% Design. Palms are in direct conflict with the proposed design and 0O GOB Yes 06.12.2024 G impacts are unavoidable.
0 o This is a design-build project currently under negotiations. Impact to palms
72 STREET COMMUNITY COMPLEX GOB $65,100,000 Yes 01.15.2024 has not yet been determined, but the design-builder would be required to
meet code requirements at time of proposal. Any changes would delay
project, alter design and increase cost.
LUMMUS PARK GOB $4,737.000 No 12.30.2022 Design firm is under contract. Survey work has begun.
MARJORY STONEMAN DOUGLAS GOB $700,000 No 10.27.2022 OCEAN BEACH PARK
INDIAN BEACH PARK PLAYGROUND $792,000 No 9.30.2021
ALLISON PARK PLAYGROUND $795,000 No 9.30.2025
INDIAN CREEK LANDSCAPING 1,200,000 No 09.30.2021 PROJECT
Palms are in conflict with project improvements.
WEST AVENUE PHASE II NORTH & Changes in design criteria, at this stage, will result in re-design, permit
SOUTH $90,100,000 Yes 11.30.2024 revisions, significant delays in the start of construction and cost increases
resulting from changes in scope, additional permit and design fees, and cost
escalation.
NOBE OCEANSIDE PARK GOB $2,000,000 Yes 2.25.2022 The Mayor & City Commission exempted this project from the 90-day
BEACHWALK moratorium.
SURFACE LOT AT BISCAYNE BEACH GOB $250,000 Yes 01.25.2022 The Mayor & City Commission exempted this project from the 90-day
moratorium.
FPL UTILITY RELOCATION AT 72 GOB $1,500,000 Yes 08.15.2021 Arborist report pending. Removal, relocation and planting counts may
e: STREET PARKING LOT (P-92) change depending on the arborist report.
o
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£ Altering plans at this point will result in re-design, permit revisions, delays in e: o BRITTANY BAY PARK GOB $2,200,000 Yes 03.14.2022 issuance of contract, the potential re-bid of project and cost increases
O resulting from changes in scope, additional permit and design fees, and cost
escalation.
MIDDLE BEACH RECREATIONAL Palm and tree removals and planting complete in the area of the beachwalk.
CORRIDOR PH 3 GOB $4,500,000 No 06.17.2021 Work at the street ends is still on-going, planting is pendng at the street ends
[for 24 Street to 45 Street
CONVENTION CENTER - CARL $3,912,900 No 03.31.2021 Palm and tree removals and planting complete. FISHER
RUE VENDOME PUBLIC PLAZA $2,276,000 No 04.30.2021 Palm and tree removals and planting complete.
59th STREET BIOSWALE $450,700 Yes 9.30.2021 Arborist report pending. Final relocation and planting future plantings.
TOTAL $317,668,600