Miami Historic and Environmental Preservation Board Meeting - March 3, 2026

The Historic and Environmental Preservation Board (HEP) met on March 3, 2026, to consider two agenda items: a final historic designation and a special certificate of approval for tree removal and new construction in an Environmental Preservation District. The board also received staff updates and discussed post-construction compliance procedures.

Public Comments & Testimony

• Jesse Capote (3965 Leafy Way, adjacent to the applicant): Stated that for him the key issues were preserving canopy and addressing flooding concerns. He commended the applicant for continuing to revise the plan but deferred to the board’s expertise on whether the revised proposal adequately preserves canopy.
• Alison O’Keefe (3975 Leafy Way, two lots away): Expressed concern that the size of the house and hardscape would push trees to the perimeter, potentially undermining the canopy feel of Leafy Way.
• Chris Cole (3782 Leafy Way): Supported the project, stating that the applicant had worked hard to comply and that he believes in property rights and equal application of the law. He noted that some neighbors criticizing the project do not have large canopies themselves.
• Lauren Cole (3782 Leafy Way): Supported the project, stating she believes the applicant will contribute to the street and should be treated equally to others who have built homes on the street.
• Dr. Chris Baralotto (3752 Kumquat Ave, Director of FIU’s International Botany Center): Stated that he disagrees with the city staff’s position and that the revised plan improves canopy based on data. He emphasized that the trees being removed are non-native palms and that the mitigation plan overcompensates. He urged that data be the standard for decision-making.

Discussion Items

• Monthly Staff Updates: Staff reported working with HR to fill two open positions, announced a new staff member (Gabriella) to assist with guidelines and master plans, and noted that the grants program application period has closed; income verification is underway with the housing department.
• Item 2 – Final Historic Designation (128 NE 1st Ave, File ID 18865): Staff recommended approval under criteria 1, 3, and 4. The applicant (Raphael Hillis, representing Rosa Amalia LLC) stated they intend to restore the building’s historic features. No public comments. Board voted 7-0 to approve the designation.
• Item 1 – Special Certificate of Approval for Tree Removal and New Construction at 3939 Leafy Way (File ID 17355): The applicant’s attorney, Carlos Diaz, presented a revised plan preserving 90% of trees (42 trees maintained), increasing canopy from 11,092 to 11,642 sq. ft., and eliminating the mitigation deficit (reduced from 30 to zero). The house was redesigned around a mature live oak. Staff recommended denial based on the removal of a significant tree cluster that defines the Environmental Preservation District. The board discussed the building’s proximity to the live oak, the condition of trees, and the applicant’s community engagement. Board member Robert Powers moved to approve with a condition to replace the two proposed live oaks in the front with a less invasive native species, to be determined by Environmental Resources. The motion passed 7-1, with Vice Chair Luis Prieto Munoz voting no.
• Post-Compliance Inspection Discussion: Board members raised concerns about final inspections ensuring projects match approved plans. Member Hugh Ryan suggested requiring a professional report with photographs for sign-off. Chair William Hopper proposed that staff investigate what code amendments would be needed to enshrine such a requirement, and the board could then pass a resolution to the City Commission. Staff agreed to research and report back.
• Annual Report: Chair Hopper noted the annual report is scheduled for a City Commission hearing on March 14, 2026, and he intends to present it during public comment.

Key Outcomes

• Item 2: Approved unanimously (7-0) to designate 128 NE 1st Ave as a historic resource.
• Item 1: Approved as amended (7-1) for a special certificate of approval at 3939 Leafy Way, with a condition to replace the front live oaks with a native, non-invasive species (to be confirmed by Environmental Resources). The decision is final unless appealed within 15 days.
• Inspection Policy: Staff will explore procedural changes to add a final compliance inspection or documentation requirement for HEP-approved projects, with a potential resolution from the board to the City Commission.
• Next Meeting: The board will reconvene in April 2026.