PZ.5 - A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING OR DENYING THE APPEAL, FILED BY THE SIERRA CLUB MIAMI GROUP, OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD RESOLUTION HEPB-R-26-046 ADOPTED ON JULY 21, 2026, REGARDING THE INTENDED DECISION ISSUED FOR BD25-009418-001 FOR THE PROPERTY LOCATED AT 645 NORTHEAST 64 STREET, MIAMI, FLORIDA.
September 10, 2026
Department: Department of Building
Category: Planning and Zoning
WHEREAS, on June 16, 2026, the City of Miami (“City”) issued an Intended Decision for BD25-009418-001, allowing for the removal of twenty-seven (27) hardwood trees and nineteen (19) palms to be replaced with eighty-eight (88) trees within the property and fifteen (15) hardwood trees within the right-of-way, and one (1) Live Oak to be relocated to the adjacent park, Legion Park; and
WHEREAS, on June 24, 2026, the Sierra Club Miami Group, thru its chairperson Noel Cleland, filed an appeal of the Intended Decision for BD25-009418-001 to the Miami Historic and Environmental Preservation Board ("HEPB") pursuant to Section 17-8(a) of the Code of the City of Miami, Florida, as amended (“City Code”); and
WHEREAS, on July 21, 2026, the Sierra Club Miami Group, through their counsel David Winker, Esq., and the Applicant, through their counsel Melissa Tapanes, Esq., were heard at the advertised public hearing before HEPB; and
WHEREAS, during the hearing, Applicant proffered a modification as to the replacement/removal of the trees and Appellant’s counsel confirmed without objection that the proffered modification be reflected in the ultimate HEPB resolution; and
WHEREAS, in addition to Applicant’s proffer, HEPB further modified with regard to Tree No. 25 to attempt preservation versus removal in coordination with the Department of Resilience and Public Works and all other applicable departments necessary for approval; and
WHEREAS, HEBP adopted Resolution No. HEPB-R-26-046 by a vote of five to zero (5-0), recommending denial in part of the appeal based upon the modifications; and
WHEREAS, on August 18, 2026, the Sierra Club Miami Group, thru its Chair Noel Cleland, filed an appeal of Resolution No. HEPB-R-26-046 to the City Commission pursuant to Section 17-8(b) of the City Code alleging that Chapter 17 was misapplied, that decision was not supported by competent substantial evidence without individualized findings for each tree, and that the one (1) Live Oak within Legion Park and Tree No. 25 were not afforded appropriate protection; and
WHEREAS, based on the testimony and evidence presented in the record, and after due notice and an opportunity to be heard has been afforded to all parties and members of the public, the City Commission hereby grants/denies the appeal based on competent substantial evidence, thereby upholding/reversing/modifying Resolution No. HEPB-R-26-046 and upholding/reversing/modifying the Intended Decision for BD25-009418-001;
NOW, THEREFORE, BE IT RESOLVED BY THE 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 City Commission hereby grants/denies the appeal, thereby upholding/reversing/modifying the decision of the HEPB as set forth in Resolution No. HEPB-R-26-046 and upholding/reversing/modifying the Intended Decision issued for BD25-009418-001.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.
WHEREAS, on June 24, 2026, the Sierra Club Miami Group, thru its chairperson Noel Cleland, filed an appeal of the Intended Decision for BD25-009418-001 to the Miami Historic and Environmental Preservation Board ("HEPB") pursuant to Section 17-8(a) of the Code of the City of Miami, Florida, as amended (“City Code”); and
WHEREAS, on July 21, 2026, the Sierra Club Miami Group, through their counsel David Winker, Esq., and the Applicant, through their counsel Melissa Tapanes, Esq., were heard at the advertised public hearing before HEPB; and
WHEREAS, during the hearing, Applicant proffered a modification as to the replacement/removal of the trees and Appellant’s counsel confirmed without objection that the proffered modification be reflected in the ultimate HEPB resolution; and
WHEREAS, in addition to Applicant’s proffer, HEPB further modified with regard to Tree No. 25 to attempt preservation versus removal in coordination with the Department of Resilience and Public Works and all other applicable departments necessary for approval; and
WHEREAS, HEBP adopted Resolution No. HEPB-R-26-046 by a vote of five to zero (5-0), recommending denial in part of the appeal based upon the modifications; and
WHEREAS, on August 18, 2026, the Sierra Club Miami Group, thru its Chair Noel Cleland, filed an appeal of Resolution No. HEPB-R-26-046 to the City Commission pursuant to Section 17-8(b) of the City Code alleging that Chapter 17 was misapplied, that decision was not supported by competent substantial evidence without individualized findings for each tree, and that the one (1) Live Oak within Legion Park and Tree No. 25 were not afforded appropriate protection; and
WHEREAS, based on the testimony and evidence presented in the record, and after due notice and an opportunity to be heard has been afforded to all parties and members of the public, the City Commission hereby grants/denies the appeal based on competent substantial evidence, thereby upholding/reversing/modifying Resolution No. HEPB-R-26-046 and upholding/reversing/modifying the Intended Decision for BD25-009418-001;
NOW, THEREFORE, BE IT RESOLVED BY THE 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 City Commission hereby grants/denies the appeal, thereby upholding/reversing/modifying the decision of the HEPB as set forth in Resolution No. HEPB-R-26-046 and upholding/reversing/modifying the Intended Decision issued for BD25-009418-001.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.