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Planning board approves code amendment allowing extra height in exchange for waterfront open space
Summary
The North Bay Village planning board approved an amendment to allow an additional height bonus—up to about 188 feet above the current 312‑foot maximum on eligible 3.5‑acre sites—if projects provide waterfront public access, open space and meet development‑agreement obligations; the vote was 4‑0.
The North Bay Village Planning & Zoning Board voted to adopt a code amendment that allows the commission to consider an additional height bonus for eligible developments in exchange for public waterfront access and open space.
Staff explained the amendment creates an option for a recipient project to receive a 30% TDR bonus and for the commission to consider “an additional 188 feet over and above the maximum attainable height of 312 feet,” provided the site meets a set of eligibility criteria, including a minimum contiguous net lot area of 3.5 acres and an approved development agreement. Staff described required public benefits, saying the development agreement must include a dedication or conveyance of waterfront public open space and improvements, perpetual maintenance and insurance naming the village as an additional insured, and a parks enhancement contribution of $17,500 per lineal foot of bonus height offset by $115 per square foot of dedicated open space.
Board members debated feasibility and safeguards. One member noted that because base density remains at 70 units per acre and any change to density would require a comprehensive plan amendment, tall towers could be difficult to finance without additional unit capacity. Planning staff and commissioners emphasized the amendment does not change base density and that the eligibility criteria and development‑agreement requirements are intended to limit the amendment’s application.
Developer testimony emphasized design intentions. As developer Laura Talber told the board, taller, slimmer towers can “leave more green area on the ground” and improve view corridors while avoiding larger footprints. An attorney representing developers, Miguel Diaz La Portillo of Gunster, called the amendment a “vehicle in the code” that allows a project meeting the public‑benefit conditions to come forward but does not guarantee a specific project will be built.
The motion to approve the amendment was moved, seconded and carried in a roll call recorded as 4‑0. Board members and staff said any future requests to increase residential density would require a separate comprehensive‑plan review.
