R5Z - Establish Far Bonus for Faena Historic Properties

Ordinances - R5 Z

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:

COMMISSION MEMORANDUM

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

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

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