R5AA - Provide Faena Far Bonus
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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.
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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:
COMMISSION MEMORANDUM
DATE:
| 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,
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
(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