HomeMy WebLinkAboutBIE - FAENA District Overlay FAR Incentive - COMP PLAN - Second Reading BIE (12/31/2025)
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO: Mayor Steven Meiner and Members of the City Commission
FROM: Eric Carpenter, City Manager
MEETING DATE: February 5, 2026
SUBJECT: BUSINESS IMPACT ESTIMATE
FAENA DISTRICT OVERLAY FAR PRESERVATION INCENTIVE – COMPREHENSIVE PLAN
AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CITY OF MIAMI BEACH YEAR 2040 COMPREHENSIVE PLAN,
PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS SET FORTH IN SECTION
163.3184(3), FLORIDA STATUTES, BY AMENDING GOAL RLU 1, ENTITLED “RESILIENT
LAND USE AND DEVELOPMENT,” OBJECTIVE RLU 1.1, ENTITLED “ESTABLISHMENT OF
FUTURE LAND USE CATEGORIES,” POLICY 1.1.7, ENTITLED “HIGH DENSITY MULTI
FAMILY RESIDENTIAL (RM-3),” TO ESTABLISH A 5,000-SQUARE-FOOT FLOOR-AREA
RATIO (“FAR”) BONUS FOR THE RM-3 LAND USE CATEGORY FOR OCEANFRONT
PROPERTIES WITHIN THE FAENA OVERLAY DISTRICT THAT CONTAIN A CONTRIBUTING
HISTORIC STRUCTURE; AND PROVIDING FOR INCLUSION IN THE COMPREHENSIVE
PLAN, TRANSMITTAL, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
Is a Business Impact Estimate Required?
X Yes ☐ No (If no, please check one of the boxes below)
If one or more boxes are checked below, this means the City of Miami Beach has
determined that a Business Impact Estimate for the above-referenced Ordinance is not
required by State law.
☐ The proposed Ordinance is required for compliance with Federal or State law or
regulation;
☐ The proposed Ordinance relates to the issuance or refinancing of debt;
☐ The proposed Ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
☐ The proposed Ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant or other
financial assistance accepted by the City;
☐ The proposed Ordinance is an emergency ordinance;
☐ The Ordinance relates to procurement; or
☐ The proposed Ordinance is enacted to implement the following:
a. Private applications for comprehensive plan amendments and land
development regulation amendments;
b. Development orders, development permits, and development agreements;
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Business Impact Estimate
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c. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
If none of the above exceptions apply, this Business Impact Estimate is hereby provided
in accordance with Section 166.041(4), Florida Statutes.
1. Summary
A summary of the proposed ordinance and its purpose is more fully set forth in the
Commission Memorandum accompanying the ordinance, as well as in the recitals
to the ordinance itself, provided at First Reading and attached hereto.
2. An estimate of the direct economic impact of the proposed Ordinance on private, for-
profit businesses in the City of Miami Beach, if any:
(a) An estimate of direct compliance costs that businesses may reasonably incur;
The proposed ordinance does not apply to existing, legally established
businesses.
(b) Any new charge or fee imposed by the proposed Ordinance or for which businesses
will be financially responsible;
The proposed ordinance does not apply to existing, legally established
businesses.
(c) An estimate of the City’s regulatory costs, including estimated revenues from any new
charges or fees to cover such costs.
The proposed ordinance would generate no more than nominal additional
regulatory costs, which may be associated with administration activities by
applicable City departments.
3. Good faith estimate of the number of businesses likely to be impacted by the proposed
Ordinance:
The proposed ordinance does not apply to existing, legally established
businesses.
4. Additional comments:
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R5 Z FAENA DISTRICT OVERLAY FAR PRESERVATION INCENTIVE –
COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH YEAR 2040
COMPREHENSIVE PLAN, PURSUANT TO THE EXPEDITED STATE REVIEW
PROCESS SET FORTH IN SECTION 163.3184(3), FLORIDA STATUTES, BY
AMENDING GOAL RLU 1, ENTITLED “RESILIENT LAND USE AND
DEVELOPMENT,” OBJECTIVE RLU 1.1, ENTITLED “ESTABLISHMENT OF
FUTURE LAND USE CATEGORIES,” POLICY 1.1.7, ENTITLED “HIGH DENSITY
MULTI FAMILY RESIDENTIAL (RM-3),” TO ESTABLISH A 5,000-SQUARE-FOOT
FLOOR-AREA RATIO (“FAR”) BONUS FOR THE RM-3 LAND USE CATEGORY
FOR OCEANFRONT PROPERTIES WITHIN THE FAENA OVERLAY DISTRICT
THAT CONTAIN A CONTRIBUTING HISTORIC STRUCTURE; AND PROVIDING
FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
Applicable Area:
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Ordinances - R5 Z
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:December 17, 2025 1:40 p.m. First Reading Public Hearing
TITLE:FAENA DISTRICT OVERLAY FAR PRESERVATION INCENTIVE –
COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH YEAR 2040
COMPREHENSIVE PLAN, PURSUANT TO THE EXPEDITED STATE REVIEW
PROCESS SET FORTH IN SECTION 163.3184(3), FLORIDA STATUTES, BY
AMENDING GOAL RLU 1, ENTITLED “RESILIENT LAND USE AND
DEVELOPMENT,” OBJECTIVE RLU 1.1, ENTITLED “ESTABLISHMENT OF
FUTURE LAND USE CATEGORIES,” POLICY 1.1.7, ENTITLED “HIGH DENSITY
MULTI FAMILY RESIDENTIAL (RM-3),” TO ESTABLISH A 5,000-SQUARE-FOOT
FLOOR-AREA RATIO (“FAR”) BONUS FOR THE RM-3 LAND USE CATEGORY
FOR OCEANFRONT PROPERTIES WITHIN THE FAENA OVERLAY DISTRICT
THAT CONTAIN A CONTRIBUTING HISTORIC STRUCTURE; AND PROVIDING
FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) approve
the subject ordinance at First Reading and schedule a Second Reading public hearing for January
28, 2026.
BACKGROUND/HISTORY
On September 5, 2025, the applicant, 3425 Collins, LLC, filed a letter of intent and Planning Board
application for amendments to the Land Development Regulations of the City Code (LDRs) and
the 2040 Comprehensive Plan. The subject ordinances propose to amend the regulations of the
FAENA overlay.
ANALYSIS
The Faena Overlay District was established in 2015 to allow for greater flexibility of uses, height
and setbacks, as well as to acknowledge the value of preserving historic buildings within the
overlay district. The applicant is seeking to amend the LDRs and Comprehensive Plan to allow
for bonus FAR of up to 5,000 square feet for oceanfront lots in the Faena Overlay District that are
at least 65,000 square feet and contain a contributing structure.
Based upon the proposed amendments, the bonus FAR would be applicable to the properties
located at 3201 Collins Avenue (Faena Hotel) and 3425 Collins Avenue (Aman Hotel). See
attached map with a location of each property. The Applicant has indicated that the bonus FAR
for the Aman Hotel property would be for the introduction of additional mechanical and electrical
equipment in a void within in the existing structure, which will not be perceivable from the exterior
of the building.
The proposed FAR bonus is intended to incentivize the retention of oceanfront contributing
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buildings within the overlay. It is important to note that the properties along the east side of Collins
Avenue in this area are subject to the provisions of Section 553.8991, Florida Statutes (known as
the “Resiliency and Safe Structures Act” or the “Act”), which was signed into law on March 22,
2024. The Act currently requires administrative approval of demolition for structures that (i) are
built on a property in which all or a portion of such property is seaward of the coastal construction
control line, and (ii) do not conform to the base flood elevation requirements for new construction
issued by the National Flood Insurance Program for the applicable flood zone. To date, no request
has been made to the City to determine if either property within the FAENA overlay conforms to
the requirements of the “Resiliency and Safe Structures Act”.)
COMPREHENSIVE PLAN AMENDMENT AND REVIEW PROCESS
The attached ordinance would amend the 2040 Comprehensive Plan to accommodate the
proposed increase in intensity. Under Section 163.3184(2), Florida Statutes, this amendment
shall follow the expedited state review process for adoption of comprehensive plan amendments.
This process requires a public hearing by the local planning agency (Planning Board), a public
transmittal hearing before the City Commission, after which the amendment must be transmitted
to several state agencies for a 30-day review period, and a final adoption public hearing before
the City Commission. The amendment is effective 31 days after it is adopted if there are no
appeals.
PLANNING BOARD REVIEW
On November 4, 2025, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission approve the subject ordinance at First
Reading and schedule a Second Reading public hearing of the ordinance for January 28, 2026.
Applicable Area
Middle Beach
Is this a “Residents Right to Know” item,
pursuant to City Code Section 2-17?
Is this item related to a G.O. Bond
Project?
Yes No
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Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? Yes
If so, specify the name of lobbyist(s) and principal(s): Neisen Kasdin, Akerman LLP
Department
Planning
Sponsor(s)
Private Applicant
Co-sponsor(s)
Condensed Title
1:40 p.m. 1st Rdg, Faena Dist Overlay FAR Preservation Incentive-Comp Plan Amend.
(PrivAppl) PL
Previous Action (For City Clerk Use Only)
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FAENA District Overlay FAR Preservati on Incentive -Comprehensive Plan Amendment
ORDINANCE NO . _____ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH , FLORIDA, AMENDING THE CITY OF MIAMI
BEACH YEAR 2040 COMPREHENSIVE PLAN , PURSUANT TO THE
EXPEDITED STATE REVIEW PROCESS SET FORTH IN SECTION
163.3184(3), FLORIDA STATUTES, BY AMENDING GOAL RLU 1,
ENT ITLED "RESILIENT LAND USE AND DEVELOPMENT,"
OBJECTIVE RLU 1.1 , ENTITLED "ESTABLISHMENT OF FUTURE
LAND USE CATEGORIES," POLICY 1.1 .7, ENTITLED "HIGH DENSITY
MULTI FAMILY RESIDENTIAL (RM -3)," TO ESTABLISH A 5,000-
SQUARE-FOOT FLOOR-AREA RATIO ("FAR") BONUS FOR THE RM-
3 LAND USE CATEGORY FOR OCEANFRONT PROPERTIES WITHIN
THE FAENA OVERLAY DISTRICT THAT CONTAIN A CONTRIBUTING
HISTORIC STRUCTURE ; AND PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN , TRANSMITTAL, REPEALER ,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS , the City of Miami Beach (the "City") has the authority to enact laws whi ch
promote the public health , safety, and general welfare of its citizens; and
WHEREAS , the preservation and res to ration of t he City's historic buildings and character
furthers the general welfare and is especially important to the citizens of Miami Beach; and
WHEREAS , on December 17 , 2014, the City Commission adopted Ordinance No . 2014-
3913 , establishing the Faena Overlay District (the "District"), which consists of properties that are
generally located along Collins Avenue between 32nd and 36th Streets ; and
WHEREAS , on October 14, 2020 , the City Commission adopted Ordinance No . 2020-
4366 , which amended the District zoning regulations to amend certain zoning criteria to enable
the preservation of existing historic structures within the District; and
WHEREAS, on February 1, 2023 , the City Comm ission adopted Ordinance No . 2023-
4537 , replacing the City's prior Land De velopment Regulations ("LDRs ") with the Miami Beach
Resiliency Code , which retained the District ; and
WHEREAS, the Faena District Ove rl ay contains the historic Versailles and Saxony hotels ,
which are oceanfront contributing buildings within the Collins Waterfront Historic District; and
WHEREAS , the Versailles and Sa xony hotels pre-date the City's LDRs and modern
construction methods and therefore present certain difficu lties for redevelopment and operation
in accordance with the City's modern resiliency standards; and
WHEREAS , to enable and incentivize the preservation and long-term maintenance of
these historic structures , the City wishes to provide a floo r-area ratio ("FAR") bonus of up to 5,000
square feet for oceanfront properties within the District that con ta in one or more contributing
historic structures and have a lot area of at least 65 ,000 square feet; and
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WHEREAS, the Plann ing Board recommended in favor of the proposed Comprehensive
Plan amendment following a duly noticed public hearing held on November 4, 2025, pursuant to
Chapter 2 , Article IV of the Land Development Regulations , entitled "Amendments to
Comprehensive Plan and to the Te xt of the Land Development Regulations," and Section 2.2.4,
entitled "Pub lic Hearing"; and
WHEREAS , the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. The following amendments to the City's 2040 Comprehensive Plan Resilient Land
Use & Development Element are hereby adopted :
RESILIENT LAND USE & DEVELOPMENT ELEMENT
* * *
GOAL RLU 1: LAND USE
* * *
POLICY RLU 1.1.7 HIGH DENSITY MULTI FAMILY RESIDENTIAL (RM-3)
* * *
Sec. 7.3.5.3. Compliance with regulations (FAENA District Overlay).
* * *
Intensity Floor Area Ratio Limits: Intensity may be limited by such setback, height , floor area ratio
and /or other restrictions as the City Commission acting in a legislative capacity determines can
effectuate the purpose of this land use category and otherwise implement complementary public
policy. However, in no case shall the intensity exceed the following:
* * *
• Notwithstanding the foregoing , the City Commission acting in a legislative capacity may
adopt land development regulations that provide intensity bonuses in the following RM-3
land use category overlays:
* * *
B. Faena District Overlay: Oceanfront lots with a lot area of at least 65,000 square
feet that contain a contributing historic structure within the Faena District Ove rlay
shall be entitled to bonus floor area of up to 5,000 square feet above the allowable
floor-area ratio .
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SECT ION 2. CODIF ICATION.
It is the intention of the City Commission that this Ordinance be entered into the Comprehensive
Plan of the City of Miami Beach , FL, and it is hereby o rdained that the sections of this Ordinance
may be renumbered or re-lettered to accomplish such intention ; and that the word "ordinance "
may be cha nged to "section," "article," or other appropriate word.
SECTION 3 . REPEALER .
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABI LITY.
If any section , subsection , clause or provision of this Ordinance is held in val id, the remainder shall
not be affected by such invalidi ty.
SECTION 5 . T RANSMITTAL.
T he Planning Director is hereby directed to transmit this ordinance to the appropriate state ,
regional , and county agencies as required by applicable law.
SECTION 6. EFFECTIVE DA TE.
T his Ordinance shall take effect 31 days after the State Land Planning Agen cy notifies the local
government that the pla n amendment package is complete if no challenge is fi led, purs uant to
section 163 .3184(3)(c)4 , Florida Statutes. If time ly challe nged , this Ordinance shall become
effective on the date the State Land Plann ing Agen cy or the Administration Commission enters a
final o rder determining the adopted amendment to be in compl iance . No development orders ,
development permits, or land uses dependent on th e adopted amendment may be issued or
commence before the plan amendment has become effective. If a final order of noncompliance
is issued by the Administration Commission , the plan amend ment may ne verthe less be made
effective , subject to t he imposition of sanctions pursuant to section 163.3184(8 ), Florida Statutes ,
by adoptio n of a resolu ti on affirming its effective status, a copy of which resolution shall be filed
with the Clerk and sent to the State Land Planning Agency.
PASSED AND ADOPTED this __ day of _______ , 2026.
ATTEST :
Rafael E. Granado , City Clerk
First Reading : December 17 , 2025
Second Reading : January 28 , 2026
Verified By:
Thomas R. Mooney, A ICP
Plann ing Director
Ste ven Meiner, Mayor
APP ROVE D AS TO
FO RM & LANG UAG E
& FOR EXECU TION
T:\Agenda\2025\13 December 17, 2025\Planning\FAENA District Overlay FAR Preservation Incentive -COMP PLAN AMENDME NT
-Fi rst Reading ORD.docx
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Map of Faena Overlay District with applicable properties outlined in Red.
Aman Hotel (Versailles)
3425 Collins Avenue
Faena Hotel (Saxony)
3201Collins Avenue
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