Planning board votes to remove Coconut Grove NCD‑3 from T5 bonus‑height program; recommendation goes to City Commission

The Miami Planning, Zoning and Appeals Board voted unanimously to recommend amending the city zoning code to exclude the Coconut Grove Neighborhood Conservation District (NCD‑3) from the T5 bonus‑height program.

The proposal (File ID 17436) would change the public‑benefits/T5 bonus‑height rules to prevent properties located within or abutting Coconut Grove’s NCD‑3 from using the program that can grant up to three extra stories in exchange for public benefits. Assistant Director Savannah Steiner told the board the amendment would close a narrow carve‑out that previously excluded only certain residential transects and would instead exclude the entire Coconut Grove NCD‑3.

The item drew multiple members of the public. Neighbors urged the board to rescind the T5 bonus provision for the Grove, saying the change was adopted with little community input and has been used to expand projects beyond the neighborhood’s historic low‑scale character. Several speakers cited The Well (a local development) as an example of a project whose height increased under the bonus‑height rules and urged the board to treat that project consistently if the code changes. Participants included Carolina Drake, a resident who spoke of the change adopted in 2023; Kate Patterson, a longtime Coconut Grove resident who described NCD‑3’s character; and multiple neighborhood‑association representatives pressing for a code rollback.

Representatives of developers and property owners raised legal and vested‑rights concerns. Attorney Iris Eschera said she represents clients with complete applications and “vested rights” under the current code; she told the board that applications already accepted and deemed complete would continue to be processed under existing rules and that vested‑rights claims could be litigated in court.

Board discussion focused on the practical effect of changing the code and on the point at which applications vest. Staff and the city attorney explained the city’s usual rule: projects are typically considered vested if a complete application has been accepted and passed prescreen, and the recommended ordinance’s effective date would be 10 days after second reading at City Commission. The board discussed whether projects already submitted but not yet vested would be affected.

Board member Mann said he had opposed the T5 bonus across the city and supported excluding NCD‑3 from bonus heights on the grounds of preserving the Grove’s low‑rise character. A motion to approve the resolution to exclude NCD‑3 carried on an 8–0 roll call. The board’s recommendation will appear on the City Commission agenda; staff said the commission first reading is scheduled for April 24 and second reading for May 22, and the ordinance becomes effective 10 days after second reading. The board’s resolution is not the final step; it is a recommendation to the City Commission.

Record on the item includes public‑comment statements urging rescission, developer counsel’s notice of vested rights for applicants who have submitted complete applications, and staff’s standard technical conditions. The board’s motion and vote were procedural: the vote transmits the recommended ordinance to the City Commission for final action.