HomeMy WebLinkAboutOrdinance 2026-4794FAENA District Overlay FAR Preservation Incentive — Comprehensive Plan Amendment
ORDINANCE NO, 2026-4794
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.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety, and general welfare of its citizens; and
WHEREAS, the preservation and restoration of the 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 Commission adopted Ordinance No. 2023-
4537, replacing the City's prior Land Development Regulations ("LDRs") with the Miami Beach
Resiliency Code, which retained the District; and
WHEREAS, the Faena District Overlay contains the historic Versailles and Saxony hotels,
which are oceanfront contributing buildings within the Collins Waterfront Historic District; and
WHEREAS, the Versailles and Saxony hotels pre -date the City's LDRs and modern
construction methods and therefore present certain difficulties 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 floor -area ratio ("FAR") bonus of up to 5,000
square feet for oceanfront properties within the District that contain one or more contributing
historic structures and have a lot area of at least 65,000 square feet; and
Page 1 of 3
WHEREAS, the Planning 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 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 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 Overlay
shall be entitled to bonus floor area of up to 5,000 square feet above the allowable
floor -area ratio.
Page 2 of 3
SECTION 2. CODIFICATION.
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 ordained that the sections of this Ordinance
may be renumbered or re -lettered to accomplish such intention; and that the word "ordinance"
may be changed 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. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 5. TRANSMITTAL.
The 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 DATE.
This Ordinance shall take effect 31 days after the State Land Planning Agency notifies the local
government that the plan amendment package is complete if no challenge is filed, pursuant to
section 163.3184(3)(c)4, Florida Statutes. If timely challenged, this Ordinance shall become
effective on the date the State Land Planning Agency or the Administration Commission enters a
final order determining the adopted amendment to be in compliance. No development orders,
development permits, or land uses dependent on the 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 amendment may nevertheless be made
effective, subject to the imposition of sanctions pursuant to section 163.3184(8), Florida Statutes,
by adoption of a resolution 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
ATTEST:
FEB 0 9 2026
Rafael E. Granado, City Clerk
Verified By:
Thomas R. Mo ey AICP
S day of F4 ru4r , 2026.
Steven Meiner, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Z� Z
Planning Director `;;!, •' CityAttomey6W Date
T:Wgenda\2025\13 December 17, 2025\Planning\FAENA District Overlay FAR Preservation Incentive - COMP PLAN AMENDMENT
- First Reading ORD.docx
Page 3 of 3
Ordinances - R5 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO Honorable Mayor and Members of the City Commission
FROM Eric Carpenter, City Manager
DATE February 5, 2026 9:30 a.m Second 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) adopt
the ordinance.
BACKGROUND/HI STORY
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 (Arran 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 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
912 of 2180
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).
UPDATE
The subject ordinance was approved at First Reading on December 17, 2025, with no changes.
On December 19, 2025, the ordinance was transmitted to all applicable review agencies.
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: 12/31/2025
See BIE at: https://www.miamibeachfi.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Applicable Area
Middle Beach
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
913 of 2180
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
9:30 a.m. 2nd Rdg, Faena Dist Overlay FAR Preservation Incentive -Comp Plan Amend.
(PrivAppl) PL
Previous Action (For City Clerk Use Only)
First Reading Public Hearing on 12/17/2025 - R5 Z
914 of 2180
Map of Faena Overlay District with applicable properties outlined in Red.
,jr-Aman Hotel (Versailles)
3425 Collins Avenue
Faena Hotel (Saxony)
3201Coilins Avenue
918 of 2180