HomeMy WebLinkAboutBIE - FAENA District Overlay FAR Incentive - LDR - 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 – LDR AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED,
“LAND DEVELOPMENT REGULATIONS,” BY AMENDING CHAPTER 7, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE III, ENTITLED “OVERLAY DISTRICTS,”
SUBSECTION 7.3.5, ENTITLED “FAENA DISTRICT OVERLAY,” TO PROVIDE A 5,000-
SQUARE-FOOT FLOOR-AREA RATIO (“FAR”) BONUS FOR OCEANFRONT PROPERTIES
THAT ARE 65,000 SQUARE FEET OR LARGER AND CONTAIN A CONTRIBUTING HISTORIC
STRUCTURE; AND PROVIDING FOR APPLICABILITY, REPEALER, SEVERABILITY,
CODIFICATION, 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;
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
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Business Impact Estimate
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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 AA FAENA DISTRICT OVERLAY FAR PRESERVATION INCENTIVE – LDR
AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED, “LAND DEVELOPMENT REGULATIONS,” BY
AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE III, ENTITLED “OVERLAY DISTRICTS,” SUBSECTION
7.3.5, ENTITLED “FAENA DISTRICT OVERLAY,” TO PROVIDE A 5,000-SQUARE-
FOOT FLOOR-AREA RATIO (“FAR”) BONUS FOR OCEANFRONT PROPERTIES
THAT ARE 65,000 SQUARE FEET OR LARGER AND CONTAIN A
CONTRIBUTING HISTORIC STRUCTURE; AND PROVIDING FOR
APPLICABILITY, REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
Applicable Area:
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Ordinances - R5 AA
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter, City Manager
DATE:December 17, 2025 1:45 p.m. First Reading Public Hearing
TITLE:FAENA DISTRICT OVERLAY FAR PRESERVATION INCENTIVE – LDR
AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, SUBPART B, ENTITLED, “LAND DEVELOPMENT REGULATIONS,” BY
AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE III, ENTITLED “OVERLAY DISTRICTS,” SUBSECTION 7.3.5, ENTITLED
“FAENA DISTRICT OVERLAY,” TO PROVIDE A 5,000-SQUARE-FOOT FLOOR-
AREA RATIO (“FAR”) BONUS FOR OCEANFRONT PROPERTIES THAT ARE
65,000 SQUARE FEET OR LARGER AND CONTAIN A CONTRIBUTING HISTORIC
STRUCTURE; AND PROVIDING FOR APPLICABILITY, REPEALER,
SEVERABILITY, CODIFICATION, 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.
The attached ordinance amends the LDRs and based upon the proposed amendment, 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
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,
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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”.
FAR PROCEDURES – PLANNING BOARD AND CITY COMMISSION REVIEW
REQUIREMENTS
Section 7.1.10 of the LDRs contains procedures for increases in the maximum allowable floor
area ratio (FAR). These procedures may be waived by the City Commission if the proposed
increase in FAR does not exceed the threshold for the exception in Section 7.1.10.5.a of the
LDRs.
On July 23, 2025, and in accordance with Section 7.1.10.5 of the LDRs, the City Commission
passed Resolution No. 2025-33836, which waived these procedures, as more specifically
described hereto:
7.1.10.5 Exceptions
The city commission, by an affirmative five-sevenths vote, may waive the requirements set
forth in sections 7.1.10.1, 7.1.10.2, 7.1.10.3, and 7.1.10.4 for the following types of
amendments:
a. An FAR increase or modification to a floor area exception resulting in an increase in floor
area that is no more than 10% of the allowable floor area for an individual property or site.
not to exceed a total of 5,000 additional square feet of floor area per property or site.
b. A modification to a floor area exception that applies citywide and would not result in a
substantial increase in allowable floor area, as determined by the City Commission at the
City Commission's sole discretion.
If the city commission waives the requirements set forth in sections 7.1.10.1, 7.1.10.2,
7.1.10.3, and 7.1.10.4 the amendment shall otherwise be subject to the applicable notice
and amendment provisions in chapter 2, article IV of the Land Development Regulations.
COMPREHENSIVE PLAN AMENDMENT AND REVIEW PROCESS
The proposal requires a separate, companion amendment to the 2040 Comprehensive Plan for
the proposed increase in intensity. This amendment will be considered separately by the City
Commission.
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).
SUMMARY
Pursuant to the zoning cycle adopted by the City Commission, if approved at First reading, the
proposed ordinance would need to be set for Second Reading / Adoption in April 2026. The
applicant has requested that the City Commission waive the annual zoning cycle restriction for
the subject LDR amendment, pursuant to Section 2.3.2 of the LDRs, for adoption to occur on
January 28, 2026. The Administration has no objection to this request.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
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(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 the following:
1. The City Commission approve the subject ordinance at First Reading.
2. Pursuant to Section 2.3.2 of the LDRs, the City Commission waive the annual zoning cycle
restriction for the subject LDR amendment and schedule Second Reading 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
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
1:45 p.m. 1st Rdg, Faena Dist Overlay FAR Preservation Incentive-LDR Amend. (PrivAppl) PL
5/7
Previous Action (For City Clerk Use Only)
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Faena District Overlay FAR Preservation Incenti ve -LDR Ame ndment
ORDINANCE NO. _____ _
AN ORDINANCE OF THE MAYOR AND ClTY COMMISSION OF T HE
C ITY OF MIAMI BEACH , FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAM I BEACH , SUBPART B, ENTITLED , "LAND
DEVELOPMENT REGULATIONS ," BY AMEND ING CHAPTER 7,
ENTITLED "ZONING DISTRICTS AND REGULATIONS ," ARTICLE Ill ,
ENTITLED "OVERLAY DISTRICTS," SUBSECTION 7.3.5 , ENTITLED
"FAENA DISTRICT OVERLAY," TO PROVIDE A 5,000-SQUARE-FOOT
FLOOR-AREA RATIO ("FAR") BONUS FOR OCEANFRONT
PROPERTIES THAT ARE 65 ,000 SQUARE FEET OR LARGER AND
CONTAIN A CONTRIBUTING HISTORIC STRUCTURE ; AND
PROVIDING FOR APPLICABILITY, REPEALER, SEVERABILI TY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS , the City of Miami Beach (t he "City") has the autho rity to enact laws whi ch
promote th e public health , safety, a nd general welfa re of its citizens; and
WHEREAS , the preservation an d restoration of t he Ci ty's histor ic buildings and character
furthers the ge neral we lfare an d is especially importan t to the citizens of Miam i Beach ; and
WHEREAS , on December 17 , 2014, th e City Commission adopted Ordi nance No . 2014-
3913, establ ishing the Faena Overlay Di st rict (t he "Distr ict"), which consists of properties th at are
genera ll y located alo ng Collins Ave nue be tween 32nd and 36th Streets ; and
WHEREAS, on October 14, 2020 , the City Commission adopted Ordi nance No . 2020-
4366 , which ame nded the District zoning reg u lations to amend certain zon ing criteria to enable
t he preservation of existing h istori c structures within t he D istrict; and
WHEREAS , on February 1, 2023 , the City Comm ission adopted Ordinance No. 2023-
4537 , replaci ng the Ci ty's prior Land Development Regulation s ("LDRs ") with the Miami Beach
Resiliency Code , w hich retai ned t he District; and
WHEREAS , the District contains the historic Versailles and Saxony hotels , w hich are
oceanfront contributing bu ildings withi n t he Collins Waterfront Historic District; and
WHEREAS , the Ve rsailles and Saxony ho tels pre-date the Ci ty's LD Rs and modern
co nst ruction methods a nd therefore present certa in diffic ulties for redevelopment and operation
in accordance with the City's modern resiliency standards ; and
WHEREAS , to enable and incentivi ze the pre servation and long-term maintenance of
these histo ric structu res, the City wis hes to provide a f loor-a rea ratio ("FAR") bo n us of up to 5,000
square feet fo r oceanfront properties within t he District that contain o ne or more co ntr ibuting
historic structures and have a lot area of at least 65 ,000 square feet ; and
Page 1 of 3
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W H ERE AS , the Planning Board recommended in favor of the proposed LDR 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 Text of the Land Development Regulations," and Section 2.2.4, entitled "Public Hearing "; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAIN ED BY T HE MAYOR AND C ITY COM MISSION OF
THE CITY OF MIAMI BEACH , FLORIDA.
SECTION 1. Chapter 7, "Zoning Districts and Regulations ," Article 111, "Overlay Districts," Section
7.3.5 entitled , "Faena Di strict Overlay" of the Miami Beach Resiliency Code is hereby amended
as follows:
Chapter 7
ZONING DISTRIC T S AND REGU LATIONS
* * *
ARTICLE Il l. OVERLAY DISTRICTS
* * *
Sec. 7.3 .5 FAENA DISTR ICT OVERLAY
* * *
Sec. 7.3.5 .3 Compliance w ith regulati ons (FAE NA Distric t Ove rlay).
The following overlay regu lations shall apply to the FAENA District Overlay . All development
reg ulations in the underlying district regula tions shall apply , except as follows :
* * *
i. Oceanfront lots with a lot area of at least 65,000 square feet that contain a contributing
historic structure that is retained and preserved in a manner to be approved by the historic
preservation board shall be entitled to bonus floor area of up to 5,000 square feet above
the allowable floor-area ratio.
SECT ION 2. APPLICABILITY.
T he provisions of this Ordinance shall apply to developments that obtained development
approva ls prior to the effective date of this Ordinance, whether pursuant to the City's Resiliency
Code or forme r Land Development Regulations .
SECTION 3. REPEALER .
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
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SECTION 4. CODIFICATION.
It is the intention of the City Commission , and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Be ach as
amended ; that the sections of this ord inance may be renumbered or relettered to accomplish such
intention ; and t hat the word "ord inance" may be changed to "section " or other appropriate word .
SECTION 5. SEVERABILITY.
If any section , subsection , clause or provIsIon of this Ordinance is held invalid , the
rem a inde r shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
T his Ordinance shall take effect ten (10 ) days following adoption.
PASSED AND ADOPTED this __ day of _______ , 2026 .
ATTEST:
Steven Meiner, Mayor
Rafae l E. Granado , City Clerk
First Readin g : De cember 17, 2025
Second Reading : Janua ry 21, 2026
Verified By: ___________ _
Thomas R. Mooney, AICP
Planning Dire ctor
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
rJ -w ~ t\\2~l2-~
City Attorney Dr-ffjl, Date
T :\Agenda\2025\13 December 17, 2025\Planning\FAENA District Overlay FA R Preservation Incentive -LOR A MENDMENT -First
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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