HomeMy WebLinkAboutPZAB 03-16-16 Supporting DocumentationFile ID:
Title:
Applicant(s):
PZAB.6
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
16-00315zt Quasi -Judicial
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS
BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF
THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA
BY AMENDING ARTICLE I, ENTITLED "DEFINITIONS", MORE
SPECIFICALLY TO ADD SECTION 1.5 ENTITLED, "DEFINITIONS OF ART IN
PUBLIC PLACES PROGRAM"; AND ARTICLE III, ENTITLED "GENERAL TO
ALL ZONES", MORE SPECIFICALLY TO ADD SECTION 3.16 ENTITLED
"PUBLIC ART REQUIREMENTS", AND ADDING A NEW ARTICLE XX1,
ENTITLED "ART IN PUBLIC PLACES PROGRAM"; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Daniel J. Alfonso, City Manager
444 SW 2 Avenue, 10111 Floor
Miami, Florida 33131
305-416-1025
Purpose: This will allow amend the zoning ordinance by specifically adding language
related to the Art in Public Spaces Program.
Finding(s):
Planning and Zoning
Department:
Recommended approval.
Planning, Zoning and
Appeals Board: March 16, 2016
ART IN PUBLIC PLACES
AMENDING MIAMI 21, ARTICLES 1 & 3 CREATING A NEW
ARTICLE 11 ENTITLED "ART IN PUBLIC PLACES" 16-00315ZT
..Title
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND
APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL
TO THE MIAMI CITY COMMISSION TO AMEND ORDINANCE
NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA BY AMENDING ARTICLE I, ENTITLED
"DEFINITIONS", MORE SPECIFICALLY TO ADD SECTION 1.5
ENTITLED "DEFINITIONS OF ART IN PUBLIC PLACES
PROGRAM"; AND ARTICLE III, ENTITLED "GENERAL TO ALL
ZONES", MORE SPECIFICALLY TO ADD SECTION 3.16
ENTITLED "PUBLIC ART REQUIREMENTS" AND ADDING A
NEW ARTICLE 11, ENTITLED "ART IN PUBLIC PLACES
PROGRAM"; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
..Body
WHEREAS, various local governments throughout the State of Florida and country have
implemented public art programs committing to the placement of public art in the urban
environments; and
WHEREAS, the City of Miami had the vision and foresight to adopt the first public art
program in Miami -Dade County in 1967 and in 1988 due to changes in administration the program
went dormant, and
WHEREAS, the City of Miami seeks to reestablish a public art program that would
contribute to the aesthetic diversity and character of the built environment and the cultural
enrichment of the community; and
WHEREAS, a public art program would create a stimulating and diverse cultural
environment that reflects, defines, and enhances the City's heritage, values, and visions for the
future through art integrated in the architecture, infrastructure and landscape; and
WHEREAS, the City of Miami recognizes that the aesthetic diversity provided by art within
the City's built environment is vital to the quality of the life of its citizens and to the economic
success of its businesses as it attracts visitors and potential residents, fuels the local economy
by creating job opportunities, and assists the City in fulfilling its mission to make Miami a premier
world class city in which to live, work and raise a family; and
WHEREAS, in Metromedia, Inc. v. San Diego, 453 U.S. 490 (1980), the United States
Supreme Court held that land development regulations which require development to meet
aesthetic conditions have been generally found to be supported by a legitimate public purpose;
and
Page 1 of 9
WHEREAS, in Ehrlich v. City of Culver City, 911 P.2D 429 (Cal. 1996), the California
Supreme Court held that an art fee on private development is a legitimate aesthetic regulation
which does not require the same level of legal scrutiny as an impact fee; and
WHEREAS, the City Commission desires to establish Article 11 of the Zoning Ordinance
of the City of Miami, entitled "Art in Public Places Program", hereby referred to as the "Public Art
Program", to create a cultural legacy for future generations through the curation and exhibition of
high quality art that reflects a variety of artistic styles and a diversity of culture, beliefs, and
thinking, to chronicle and pay tribute to the City's history through the collection of artifacts,
documents, and memorabilia, and to enhance the quality of life for the citizens of the City of Miami
through the placement of art, creation of artistic opportunities and implementation of art
programming; and
WHEREAS, the requirements found in this section are design standards based on the
aesthetic need of the City and its communities and are not intended to be construed as either an
impact fee or a tax; and
WHEREAS, public and private development projects shall contribute to a public art
program to enhance and maintain the City's aesthetic diversity and character; and
WHEREAS, the City Commission has reviewed this Ordinance at a duly noticed public
hearing and determined that it is consistent with the City's Comprehensive Plan; and
WHEREAS, the City Commission hereby finds and declares that the adoption of this
Ordinance is necessary, appropriate, and advances the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The preceding "Whereas" clauses are ratified and incorporated as the
legislative intent of this Ordinance.
Section 2. The City of Miami hereby amends Miami 21 Code in the following
particulars which shall read as follows:
11*
ARTICLE 1. DEFINITIONS
1.5. DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM
For the purposes of this section, the following words and phrases shall have the following
meanings:
Artist: A practitioner exhibiting the highest quality of skill and aesthetic principles in the
visual arts, generally recognized by critics and peers as a professional of serious intent
Page 2 of 9
and ability. Indications of a person's status as an artist include, but are not limited to,
income realized through the sole commission of art, frequent or consistent art exhibitions,
placement of art in public institutions or museums, receipt of honors and awards, and/or
training in the arts.
Art: Tangible creations by Artists and includes all forms of the visual arts conceived in any
medium, material, or combination thereof, including, but not limited to, paintings,
sculptures, engravings, carvings, frescos, stained glass, mosaics, mobiles, tapestries,
murals, photographs, video projections, digital images, bas-relief, high relief, fountains,
kinetics, collages, drawings, monuments erected to commemorate a person or an event,
functional furnishings, such as Artist designed seating and pavers, Artist designed
architectural elements, and Artist designed landforms or landscape elements. The
following shall not be considered as Art for the intents and purposes of this code:
Reproductions or unlimited copies of original pieces Art; and
— Directional elements, such as signage or graphics; and
- Objects which are mass produced;
Works that are decorative, ornamental, or functional elements of the architecture
or landscape design, except when commissioned from an Artist as an integral
design aspect of a structure or site.
Development Project: Any Development, as defined in Article 1 of the Zoning Ordinance
of the City of Miami, including Remodeling, construction, or redevelopment, which requires
a building permit or permits as described on the precise plan submitted for approval to the
city. For purposes of this article, Development Projects shall also include:
— Individual tenant improvements in any commercial development; and
— All planned or commercially marketed and/or sold residential developments
consisting of seven (7) or more dwelling units.
Durable: Lasting, enduring and highly resistant to deterioration due to weather or the
passage of time.
Developer: The property owner, including the property owner's successors and assigns,
of the subject Development Project.
Historic Resource: An overarching term used to describe the various categories of
properties which have demonstrated significance in the history of the City, the County, the
State of Florida and/or the United States of America. These properties include, but are not
limited to, landscape features, archeological sites and zones, structures, buildings,
districts, and objects.
Life Cycle: The natural deterioration time period for a piece of Art. Art created under this
section is meant to be Durable and shall have a Life Cycle of at least twenty-five (25) years
when properly designed and/or created by the Artist, and maintained, conserved and
repaired. Art reaches the end of its Life Cycle when the Artist, Artist's estate, and/ or a
qualified Art conservator verifies that the Art has deteriorated such that the Art cannot
reasonably be maintained, conserved, or repaired.
Page 3 of 9
Project Cost: The total of specialty consulting fees, construction cost (including all
systems and features that make the facility functional), site work, and contingency
allowances and allowance accounts (e.g. permitting, surveying, inspections) for the
Development Project. Project Cost shall not include the cost of land acquisition or
subsequent cost changes to the construction and/or architectural contract(s) for the
Development Project, including phased projects and all elements of an approved
development agreement. (a) The total Project Cost shall be calculated as of the date the
contract for the construction is executed. The Developer shall provide Project Cost
information and in the absence of such information or if a dispute arises regarding the
submission of such information, the Project Cost shall be based upon the building
valuation as computed using the latest building valuation data as set forth by the
International Conference of Building Officials (ICBO) together with estimated design
services fees.
Art in Public Places Board ("AIPPB"): The entity appointed by the City Commission to
aid in the administration of the Public Art Program. The AIPPB shall have the power to
make decisions regarding dedication, donations, and acquisition of Art to fulfill the
requirements as prescribed in Article 11 of this Miami 21 Code and Chapter 62 of the City
Code.
Public Art Fund ("Fund"): A separate, interest bearing set of accounts set up by the City
with the sole purpose of receiving monies designated for the Public Art Program and/or to
fulfill the requirements set out by Article 11 of this Miami 21 Code and Chapter 62 of the
City Code.
Public Art Program Guidelines: A set of standards, criteria, policies and procedures
related to the submission, donation, dedication, consideration, and acceptance of Art,
which shall be adopted by the City Commission, and amended, as needed, to ensure that
the Public Art Program Guidelines and the Public Art Program as a whole remains
coherent and consistent with the intents and purposes for which Article 11 of this Miami
21 Code was adopted.
Public Art Master Plan: A plan adopted by the City Commission, pursuant to a
recommendation by the AIPPB, which shall identify Public Place locations for Art and
establish a priority order to the City Commission, and which shall be amended, as needed,
to ensure that the Public Art Master Plan and the Public Art Program as a whole remains
coherent and consistent with the intents and purposes for which Article 11 of this Miami
21 Code was adopted.
Public Place: Any exterior area on public property and shall also mean any private
property within the City limits which is easily accessible or clearly visible to the general
public from adjacent public property including, but not limited to, a street or other public
thoroughfare or sidewalk.
Remodeling: Any change to the facade of a Building, any change to the interior of a
Building, any increase or decrease in the floor area of a Building, and any change to
exterior improvements.
Page 4 of 9
ARTICLE 3. GENERAL TO ALL ZONES
*
3.16 Public Art Requirements
Development Projects shall comply with all applicable provisions of the Art in Public Places
Program pursuant to Article 11 of the Miami 21 Code and Article XVI of Chapter 62 of the
City Code, as applicable.
*
ARTICLE 11. ART IN PUBLIC PLACES PROGRAM
11.1 Intent and purpose
See Article XVI of Chapter 62 of the City Code
11.2 Administration of the Program
The Public Art Program shall be administered by the Public Art Division, a division within
the City of Miami's Planning and Zoning Department
11.3 Art in Public Places Board
See Article XVI of Chapter 62 of the City Code
11.4 City Commission
See Article XVI of Chapter 62 of the City Code
11.5 Public Art Master Plan and Public Art Program Guidelines.
(a) Public art staff shall prepare both a Public Art Master Plan and Public Art
Program Guidelines as defined in Article 1, Section 1.5. The Public Art Master
Plan and the Public Art Program Guidelines shall be prepared in coordination
with the Art in Public Places Board. The Public Art Master Plan and Public Art
Program Guidelines shall be subject to recommendations from the Art in Public
Page 5 of 9
Places Board, and shall each be adopted by a majority vote of the City
Commission after a duly notice public hearing. The Art in Public Places Board
shall also review and recommend amendments to the Public Art Master Plan
and the Public Art Program Guidelines, as may be proposed by Public Art
Division staff. Amendments to the Public Art Master Plan and the Public Art
Program Guidelines shall be reviewed and adopted in the same manner as the
initial Public Art Master Plan and the Public Art Program Guidelines.
(b) The Art in Public Places Board shall review Art proposed to be installed,
dedicated, or donated under the City's Public Art Program as recommended by
the Art in Public Places Division staff. The AIPPB shall make determinations as
to acquisitions of Art and curations of Art in accordance with this article. The
Planning Director or his/her designee shall be the liaison to the AIPPB.
11.6 Conflict of interest.
See Article XVI of Chapter 62 of the City Code
11.7 Selections of works of art.
See Article XVI of Chapter 62 of the City Code
11.8 Application procedures and approval for placement of Art on private property in lieu of
public art fee; Application procedures and approval for donations of art in lieu of a fee.
See Chapter Article XVI of 62 of the City Code
11.9 Applicability.
(a) Government Development project shall comply with the provisions of Section
11.15 of this article.
(b) Non -governmental and private sector Development Projects. All non-
governmental and private sector Development Projects (including interior or
exterior modifications, additions, or new construction) including: parking
structures, residential developments of more than seven units, mixed use
projects, and/or commercial sites shall provide for the acquisition of works of Art
in value to not Tess than one and a quarter (1.25%) percent of construction cost,
for artwork provided on site, or one (1 %) of construction cost if fee is paid into the
art fund or a combination thereof per Section 11.10. subject to the project
valuation schedule below:
(1) Project developments with construction cost of one million dollars
($1,000,000.00) or more shall be subject to the provisions of this article.
Page 6 of 9
(2) Residential Development of 7 or more units (including interior or exterior
modifications, additions or new construction) with construction cost of one
million ($1,000,000.00) or more shall also be subject to the provision of this
article.
(c) The AIPPB upon a public hearing may waived the following from the Public Art
Program upon recommendation from the Division of Public Art staff:
(1) The project consists of the reconstruction of structures which have been
damaged by fire, flood, wind, or other act of God; or
(2) Religious Facilities; or 501c3 except as otherwise provided in Section 2-
11.15 and Procedures No. 358 entitled "Art in Public Places (AIPP)
Procedures" of the Miami -Dade County Code.
(3)
The restoration or rehabilitation of portion(s) thereof an individually
designated Historic Resource as defined in Article 1, Section 1.5. that does
not alter the size or occupancy load of the building.
(4) The repair or rehabilitation of a building for the installation of fire sprinklers
or handicap improvements.
In order to determine the Project Cost of the development the applicant(s) shall provide
the Public Art Division staff a copy of the executed notarized architectural, engineering
and construction services contract(s) for the Development Project so that the City can
accurately determine the value of the project so the Public Art fee is properly calculated
based upon the anticipated construction cost.
11.10 Building permits.
(a) Except as provided in XVI of Chapter 62 of the City Code, the Building Department
in consultation with the public art division shall collect the public art fee before
issuance of a building permit for applicable Development Projects required by this
Code.
(1) In -lieu of public art fee. Pay one percent (1%) of the total cost of the proposed
Development Project, as an "in lieu of public art" fee; or
(b) Except as provided in XVI of Chapter 62 of the City Code and prior to issuance of
a Temporary Certificate of Occupancy (TCO) or Certificate of Occupancy (CO)
whichever comes first, and only after having entered into an agreement with the
division of public art, deposited all financial securities into an escrow account, the
Development Project shall be required to comply with one of the following:
(1) Donation of public art. Donate Art which has been approved by the AIPPB
as having a documented minimum value of one and a quarter percent
(1.25%) of the total Project Cost of the Development Project excluding land
acquisition and off -site improvement costs; or
Page 7 of 9
(2) Placement of art on site. Place Art on the Development Project site, which
shall have a minimum value of one and a quarter percent (1.25%) of the total
Project Cost of the Development Project excluding land acquisition and off -
site improvement costs. Prior to placement of the Art on the development
site, the Art must be approved by the AIPPB and conform to the adopted
Public Art Master Plan and Public Art Program Guidelines; or
(3)
Combination. Any combination from the above, subject to AIPPB approval.
11.11 Art placed on private property in lieu of a public art fee.
See Article XVI of Chapter 62 of the City Code
11.12 Donation of Art in lieu of a public art fee.
See Article XVI of Chapter 62 of the City Code
11.13 Creation of Public Art Fund.
See also Article XVI of Chapter 62 of the City Code.
11.14 Ownership and maintenance of artwork placed on site.
See Article XVI of Chapter 62 of the City Code.
11.15 Governmental Development Projects - public art requirement.
(a) In accordance with section 2-11.15 of the Miami -Dade County Code of
Ordinances and the Miami Dade County Public Art Procedures No. 358 the City
shall provide for the acquisition of Art equivalent in value to not less than one
and one-half (11) percent of the Project Cost of all Development Projects.
Acquisition, commissioning, and selection of Art for governmental projects shall
be in accordance with the criteria and standards set forth in the adopted Public
Art Master Plan and Public Art Program Guidelines. To the extent the total
appropriation is not used for the acquisition, selection, or commissioning of Art,
the remainder may be used for:
1. Public Art Program administrative costs, repair and maintenance of any Art
acquired under this section, insurance for any Art; or
Page 8 of 9
2. To supplement other acquisition, commissioning, or selection of Art under
this section or the costs to transport, relocate, or remove Art in, on, or near
government facilities which have already been constructed.
(b) For the purpose of this subsection, "construction cost" is defined to include, but
not be limited to, architectural and engineering fees, specialty consulting fees,
construction cost (including all systems and features that make the facility
functional), site work, and contingency allowances and allowance accounts (e.g.
permitting, surveying, inspections). It does not include land acquisition or
subsequent changes to the construction contract that do not expand the square
footage of the project. All construction costs shall be calculated as of the date
the contract for the construction is executed
(c) Private monies used for Development Projects on land owned by the city,
county, state, federal or any other governmental agency and on private property
are subject to the (1%) percent public art fee as per section 2-11.15 of the Miami -
Dade County Code of Ordinances and Miami Dade County Public Art
Procedures No. 358.
Capital project(s) are implemented through agreements with a private entity,
including but not limited to leases and or land development agreements resulting
in new building(s) which ownership will revert to the government upon
termination of the lease agreement period
11.16 Waivers of Public Art requirements
The AIPPB upon a public hearing may exempt the following from the Public Art Program
upon recommendation from the Division of Public Art staff:
1. The requirements of Section 11.15(a) may be waived by resolution of the Art in
Public Places Board when a Government facility is funded by grant(s) that prohibit
the use of grant funds for purposes not specified under the grant(s); or
2. Government Development Projects or portions thereof that do not include buildings."
Page 9 of 9
LETTERS OF SUPPORT
AMENDING MIAMI 21, ARTICLES 1 & 3 CREATING A NEW
ARTICLE 11 ENTITLED "ART IN PUBLIC PLACES" 16-00315ZT
nnlAnnlgFACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139 Tel. 305-673-7010 Fax: 305-673-7782
Jimmy Morales, City Manager
Tel. 305-673-7010, Fax: 305-673-7782
January 28, 2016
City of Miami
Department of Planning and Zoning
Land Development Division
444 SW 2" Avenue
Miami, FL 33130
Dear Honorable Members Planning and Zoning Appeals Board,
am writing to express my support for the City of Miami Planning and Zoning
Appeals Board adopting a Public Art Ordinance which is scheduled to go before
the Board on February 17, 2016. Public art has been proven to provide an
educational experience that is accessible and welcoming to all residents and
visitors and consistently impacts the community in a positive way.
The City of Miami Beach Art in Public Places program has been an important
part of the cultural landscape in Miami Beach for more than 20 years. Currently,
the program is in the process of commissioning six (6) internationally recognized
artists for the Miami Beach Convention Center Renovation and Expansion
project, with an estimated public art contribution of $7,000,000. The proposed
works by these artists exemplify Miami Beach's prestigious quality commitment
to commission world class works of public art. The commissioning of these public
art works elevates any public art program to a whole new level, bringing artists to
the community.
In closing, South Florida's cultural scene is growing at an accelerated pace — a
pace driven by public art programs throughout Miami -Dade County and the
addition of a similar program in the City of Miami will undoubtedly enhance the
City of Miami and Miami -Dade County.
S cerely,
••—rales
C ty Manager
MIAMI
VL R
ART FAIR 2016
DECEMBER 1- 4
FAIR LOCATION
JAMES L KNIGHT CENTER 41111
MIAMI CONVENTION CENTER
4EBSE 2ND AVE, MIAMI, FL
OFFICES:
1800 N BAYSHORE DR, CP1,
MIAMI, FL 33132
T 305.395.3599
T 212.537.6807
M 973.270.7774
INFO®MIAMIRIV ERARTFAIR.COM
MIAMIRI V ERARTFAIR.COM
INTERNATIONAL CONTEMPORARY ART FAIR
DECEMBER 1 - 4, 2016
January 26, 2016
Department of Planning and Zoning
Land Development Division
444 SW 2nd Avenue
Miami, FL 33130
Re: Art in Public Places Ordinance
Honorable members of the Planning and Zoning Appeals Board:
It is with great enthusiasm that I write this letter of support on behalf
of the Miami River Art Fair, herein after referred to as Nina Torres. Nina
Torres commends the City of Miami for taking the initiative in estab-
lishing a Public Art Program and crafting legislation that contributes to
the aesthetic character of the built environment and to the cultural en-
richment of the City of Miami and the surrounding communities.
Nina Torres commends city staff, in particular the Planning and Zon-
ing Departments Land Development Division which has been working
diligently for the past several months to craft such thorough legislation
in support of the of arts. With this said, we kindly request that the
Planning, Zoning and Appeals Board approve the Public Art Ordi-
nance as presented by staff.
Sincerely,
Nina Torres
Founder and Executive Director
Miami River Art Fair
NINA TORRES I FINE ART
Info► ninatorresfineart.com 3{ 5.3 b.35 9 1 232 -.3(.E 07 I .9(3.2 O. Y',=
January 25, 2016
Department of Planning and Zoning
Land Development Division
444 SW 2nd Avenue
Miami, FL 33130
Re: Art in Public Places Ordinance
Honorable members of the Planning and Zoning Appeals Board:
It is with great enthusiasm that I write this letter of support on behalf of Nina Torres Fine Art
gallery, herein after referred to as Nina Torres. Nina Torres commends the City of Miami for
taking the initiative in establishing a Public Art Program and crafting legislation that
contributes to the aesthetic character of the built environment and to the cultural
enrichment of the City of Miami and the surrounding communities.
Nina Torres commends city staff, in particular the Planning and Zoning Departments Land
Development Division which has been working diligently for the past several months to
craft such thorough legislation in support of the of arts. With this said, we kindly request
that the Planning, Zoning and Appeals Board approve the Public Art Ordinance as
presented by staff.
Sincerely,
Nina Torres
Director and Chief Curator
Nina Torres Fine Art
Arts and Entertainment District 11800 N Bayshore Dr. CP1, Miami FI. 33132 I www.ninatorresfineart.com