PZ.20 - A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING OR DENYING THE APPEAL, FILED BY ELVIS CRUZ, OF THE INTENDED DECISION FOR BD23-006209-001 ISSUED ON AUGUST 25, 2026, FOR THE CITY OF MIAMI PUBLIC RIGHT-OF-WAY LOCATED AT APPROXIMATELY 5215 NORTHEAST 7 AVENUE, MIAMI, FLORIDA.
October 22, 2026
Department: Department of Building
Category: Planning and Zoning
WHEREAS, the City of Miami (“City”) intends to remove eight (8) hardwood trees and eight (8) palms, and replace with the sixty-four (64) hardwood trees, within the property located at 5215 Northeast 7 Avenue, Miami, Florida; and
WHEREAS, the subject property is Morningside Park, a City-owned public park, and the tree activity is associated with the Morningside Park Waterfront Improvements Project, BD23-006209-001; and
WHEREAS, on August 25, 2026, the Building Department issued an Intended Decision for BD23-006209-001 pursuant to Chapter 17 of the Code of the City of Miami, Florida, as amended (“City Code”), for the trees located within the subject property; and
WHEREAS, the Intended Decision for BD23-006209-001 seeks the removal and replacement of the subject trees because unpermitted removals of trees had occurred and the Intended Decision is an after-the-fact legalization; and
WHEREAS, on September 9, 2026, Elvis Cruz (“Appellant”), as Intervenor, timely appealed the Intended Decision for BD23-006209-001, citing as his objection to the type of replacement trees sought; and
WHEREAS, after notice and an opportunity to be heard, the City Commission finds that there is competent substantial evidence to grant or deny the appeal of the Intended Decision for BD23-006209-001 filed by Appellant;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The appeal of Intended Decision for BD23-006209-001 is granted or denied.
Section 3. This Resolution shall be effective immediately upon its adoption and signature of the Mayor.
WHEREAS, the subject property is Morningside Park, a City-owned public park, and the tree activity is associated with the Morningside Park Waterfront Improvements Project, BD23-006209-001; and
WHEREAS, on August 25, 2026, the Building Department issued an Intended Decision for BD23-006209-001 pursuant to Chapter 17 of the Code of the City of Miami, Florida, as amended (“City Code”), for the trees located within the subject property; and
WHEREAS, the Intended Decision for BD23-006209-001 seeks the removal and replacement of the subject trees because unpermitted removals of trees had occurred and the Intended Decision is an after-the-fact legalization; and
WHEREAS, on September 9, 2026, Elvis Cruz (“Appellant”), as Intervenor, timely appealed the Intended Decision for BD23-006209-001, citing as his objection to the type of replacement trees sought; and
WHEREAS, after notice and an opportunity to be heard, the City Commission finds that there is competent substantial evidence to grant or deny the appeal of the Intended Decision for BD23-006209-001 filed by Appellant;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The appeal of Intended Decision for BD23-006209-001 is granted or denied.
Section 3. This Resolution shall be effective immediately upon its adoption and signature of the Mayor.