A 2019 court ruling stripped the legal teeth from Coconut Grove's main zoning protection for trees and historic buildings. A longtime Grove resident is demanding the Miami City Commission fix it.
Andy Parrish, a neighborhood activist and former member of Miami's Planning, Zoning and Appeals Board, published a letter Monday, July 27, in the Coconut Grove Spotlight calling on Mayor Eileen Higgins and the commission to amend Miami 21's NCD-3 zoning code so courts can no longer dismiss its preservation language as unenforceable.
How a 2019 court ruling gutted the zoning code's protections
The case, Cube 3585 v. City of Miami, began when a developer sought a demolition waiver to tear down a single-family cottage in South Grove. On Jan. 31, 2019, the 11th Judicial Circuit Court of Appeals ruled that the NCD-3's intent language was "not a discernible professional standard" for issuing demolition waivers.
That intent language, still on the books in Section 3.2 of Miami 21's NCD-3 appendix, says the district exists to "preserve the historic, heavily landscaped character of Coconut Grove's residential areas" and "protect the architectural variety within the unique single-family neighborhood that comprises Coconut Grove."
The court also found that the NCD-3 intent provision cannot serve as a substitute for formal historic designation under Chapter 23 of the city code because it lacks notice, due process and hardship protections.
Why the ruling's fallout has grown during the development boom
Seven years later, the ruling's effects have compounded through South Florida's development boom. Parrish argues the decision has tilted the playing field citywide.
"The city does not like being sued by well-heeled developers who say their property rights are being violated," Parrish wrote. "Meanwhile, any ordinary citizen who invokes the intent sections to save a tree or historic building must overcome the Cube 3585 presumption that intent is 'not a discernible professional standard.'"
The timing is pointed.
On Thursday, July 23, the commission deferred a decision on whether to allow a property owner to remove 15 trees — 10 hardwoods and five palms — and relocate five others at a site on El Prado Boulevard in the South Grove. District 2 Commissioner Damian Pardo, who represents Coconut Grove and sponsored the Sidewalk Protection Ordinance approved July 23, has not publicly responded to Parrish's call for a code amendment.
Parrish wants zoning language rewritten to survive court review
Parrish is asking the commission and mayor to work with the city's legal department to rewrite Miami 21's intent sections with language specific enough to survive judicial scrutiny. The goal: ensure courts treat preservation goals as binding criteria when reviewing demolition waivers, not aspirational boilerplate.
Neither Mayor Higgins, who chairs commission meetings, nor Commissioner Pardo has responded publicly to the request.
When residents can weigh in on the issue
The next Miami City Commission meeting is scheduled for Thursday, Sept. 10, at 9 a.m. at City Hall, 3500 Pan American Drive.
Residents who want to weigh in can attend the Sept. 10 meeting or contact Commissioner Pardo's office directly.
Upcoming community events
- Tuesday, July 28: Fiction Book Club at Books & Books, 3409 Main Highway, Coconut Grove, 7 p.m.
- Thursday, July 30: Book talk and signing with poet and author Elizabeth Lake at Books & Books, 3409 Main Highway, Coconut Grove, 6:30 p.m.
