The URL can be used to link to this page

Home My WebLink AboutOrdinance 2026-4795Faena District Overlay FAR Preservation Incentive — LDR Amendment ORDINANCE NO. 2026-4795 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. 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 District 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 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 ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 7, "Zoning Districts and Regulations," Article III, "Overlay Districts," Section 7.3.5 entitled, "Faena District Overlay" of the Miami Beach Resiliency Code is hereby amended as follows: Chapter 7 ZONING DISTRICTS AND REGULATIONS ARTICLE III. OVERLAY DISTRICTS Sec. 7.3.5 FAENA DISTRICT OVERLAY Sec. 7.3.5.3 Compliance with regulations (FAENA District Overlay). The following overlay regulations shall apply to the FAENA District Overlay. All development regulations in the underlying district regulations shall apply, except as follows: 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. SECTION 2. APPLICABILITY. The provisions of this Ordinance shall apply to developments that obtained development approvals prior to the effective date of this Ordinance, whether pursuant to the City's Resiliency Code or former 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. Page 2 of 3 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 Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word 'ordinance" 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 remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days following adoption. PASSED AND ADOPTED this ATTEST: 74 FEB 0 9 2026 Rafael E. Granado, City Clerk Verified By: 0� Thomas R. Mooney, P Planning Director S day of r-ehru4ry , 2026. Steven Meiner, Mayor APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City Attorney �kjQ� Date T:\Agenda\2025\13 December 17, 2025\Planning\FAENA District Overlay FAR Preservation Incentive - LDR AMENDMENT - First Reading ORD.docx Page 3 of 3 Ordinances - R5 F MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: February 5, 2026 9:35 a.m. Second 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) adopt the ordinance. 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 (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 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 919 of 2180 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). UPDATE The subject ordinance was approved at First Reading on December 17, 2025, with no changes. Additionally, the City Commission waived the annual zoning cycle restriction for the subject LDR amendment, pursuant to Section 2.3.2 of the LDRs, allowing for adoption to occur on prior to April 22, 2026. FISCAL IMPACT STATEMENT No Fiscal Impact Expected Does this Ordinance require a Business Impact Estimate? Yes (FOR ORDINANCES ONLY) 920 of 2180 If applicable, the Business Impact Estimate (BIE) was published on: 12/31/2025 See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION Not Applicable CONCLUSION The Administration recommends the City Commission adopt the ordinance. Applicable Area Middle Beach Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? Yes Is this item related to a G.O. Bond Proiect? m 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 9:35 a.m. 2nd Rdg, Faena Dist Overlay FAR Preservation Incentive-LDR Amend. (PrivAppl) PL 5/7 Previous Action (For City Clerk Use Only) First Reading Public Hearing on 12/17/2025 - R5 AA 921 of 2180 Map of Faena Overlay District with applicable properties outlined in Red. IMSWK a W,V3 a� rw 39N +.x.«,r a•Nv..n 921 67..4 •W SfM WCW*V!-0PmP4qW P. q 4' 0V&* of GxMS A..nw b*n*r aka eked ors Mn Stem MCLA fs .d.141T, Bbc. 22 mt^a o:*&A r•aa f4"" Prt'. Nt" Oa.c n.Wac c 1p'9 tl N. N7rthaey cwnav N Canna F' E tv.nnam3iR$tt.Mr1Y.10 t'rafl, Btt. 2a :f tna oe em, —cz , Prea" c' —* M a BeatH'Rcrr.cn.•.1 -U S_ta,,Sw1 7S 925 of 2180