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HomeMy WebLinkAboutPublic CommentsFrom: Nick Hamann<nhamann@urbanatlanticgroup.com> Sent: Wednesday, September 14, 2016 9:05 AM To: FutureLegislation Cc: Hannon, Todd Subject: FL-PZ.2 (16-00315zt) - Art in Public Places Program Dear City Commissioners, I am writing to express my concerns with the Art in Public Places legislation posted on the September 8th agenda as FL- PZ.2 (16-00315zt). I am a resident of the City of Miami and principal of Urban Atlantic Group; as well as an owner and investor in commercial and multi -family residential properties throughout the City of Miami and many of its emerging and culturally significant neighborhoods. In its current form, I believe the legislation is flawed, as it places an unfair burden on property owners and discourages investment in challenging areas where developers, property owners, and tenants are already struggling with rising construction costs and housing affordability. Furthermore, I believe the development community has been overall a strong supporter of the arts and is already introducing some amazing artwork. But imposing a 1% fee on construction costs- at the same time that those costs have risen significantly over prior years- has a significant impact on the ability of a developer to deliver affordable rents for commercial and multifamily tenants. Even to place artwork on site, the ordinance would require the developer go to a public hearing and record a covenant on their own property — these impose even greater costs to a property owner which ultimately would get passed on to the tenant. I respectfully would suggest that the City Commission give direction to the Planning Department to reconsider this legislation, and focus on incentives to promoting public art. At the very least, the Public Art Master Plan and the logistics of the program should be in place before the development community is mandated to make monetary contributions to a trust fund with no place to go. Based on the posted comment period identified through September 14th, I am submitting this correspondence based on the most recently available version of the ordinance dated July 2016 and clearly well in advance of the scheduled November 17th city commission hearing. Thank you for your consideration. Nick Hamann, LEED AP Managing Partner Urban Atlantic Group, LLC nhamann@urbanatlanticgroup.com 305.482.3692 1 From: steven.wernick@akerman.com Sent: Wednesday, September 14, 2016 2:21 PM To: FutureLegislation Cc: Gort, Wifredo (Commissioner); Castaneda, Frank; Hannon, Todd Subject: FL-PZ.2 (16-00315zt) - Art in Public Places Program Attachments: Letter from Waterton Associates_SR.1 & PZ.1 (Art in Public Places Legislation).PDF Please find the attached letter, dated July 14, 2016, from Waterton UC Owner, LLC with respect to concerns over the Art in Public Places legislation in its current form — and the impact on housing costs for rental apartments in the City of Miami. Since the legislation was posted with a public comment period of limited duration through Sept. 14th , I am submitting this letter again to ensure that it is included in the official correspondence files. Steven J. Wernick Akerman LLP I Three Brickell City Centre 198 Southeast Seventh Street I Miami, FL 33131 Dir: 305.982.5579 I Main: 305.374.5600 I Fax: 305.349.4803 steven.wernick@akerman.com vCard I Bio J CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. From: Wernick, Steven (Ptnr-Mia) Sent: Thursday, July 14, 2016 12:43 PM To: 'wgort@miamigov.com' Cc: 'FCastaneda@miamigov.com'; Alfonso, Daniel J.; Garcia, Francisco; 'Hannon, Todd'; 'KHardemon@miamigov.com'; 'Carollo, Frank (Commissioner -Office)'; Russell, Ken (Commissioner); Suarez, Francis (Commissioner) Subject: SR.1 & PZ.1 (Art in Public Places Legislation) Hon. Commissioner Gort, On behalf of Waterton Associates, please find the attached correspondence related to the Art in Public Places Legislation being considered this evening as SR.1 and PZ.1, expressing concerns regarding the legislation in its current form. I will plan to submit a copy of this letter into the record at the public hearing. Sincerely, Steven J. Wernick 1 Akerman LLP I Three Brickell City Centre 198 Southeast Seventh Street I Miami, FL 33131 Dir: 305.982.5579 I Main: 305.374.5600 I Fax: 305.349.4803 steven.wernick@akerman.com Waterton UC Owner, L.L.C. c/o Waterton Associates 30 S. Wacker Drive, 36th Floor Chicago, IL 60606 July 13, 2016 Via Electronic Mail Hon. Commissioner Wifredo (Willy) Gort District 1, City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 Re: Art in Public Places Legislation SR.1 & PZ.1 — July 14, 2016 City Commission Agenda Dear Commissioner Gort, Waterton UC Owner, L.L.C. ("Waterton") is proud to own and operate the 158-unit Modern Miami apartment building — a rental apartment building on the western side of the health district within District 1, which we acquired in 2013. I wanted to take a moment to express our concerns and objection over the proposal by the City administration to impose significant "art fees" on private property owners as a condition of issuance of a building permit. A Waterton affiliate is a private owner and operator of rental apartment buildings throughout Florida and the United States. Our model includes new development but also the acquisition and renovation of older apartment buildings to provide housing to families and workers and students in the community. Modern Miami is home to medical students, nurses, etc. and many residents do not need a car or other dedicated transportation. It was always contemplated that there would be a Phase II development. Today, we are underway, having engaged HOK Architects, land use counsel, and other consultants on the project to prepare initial concept plans and explore the various site conditions for the development of a 2nd multifamily building with 100+ units, which will be targeted to a similar population. This ordinance if imposed on our project would add over $200,000 (1% of our estimated construction costs) in direct development costs in order to secure a building permit to build additional units on site. Ultimately an ordinance of this type would increase the cost of housing overall and challenge apartment developers' ability to provide housing priced within reach of our residents— i.e teachers, firefighters, young professionals, graduate students, and of course nurses and other medical professionals. Additionally, it appears that the legislation might be better split into two steps: to first, create the Public Art Master Plan and the Art in Public Places Board, and then propose appropriate standards/requirements on development. I'm sure the Planning Department started with good intentions, but the legislation in its current form would contribute to increasing housing costs for District 1 and the City of Miami. We respectfully request the art fee ordinance be deferred for an adequate period of time to make important revisions to the ordinance including removing or reducing any fees applicable to residential projects; if you feel it necessary to move forward on 2nd reading, the effective date should be extended to the time at which the Public Art Master Plan has been created and approved. {38539016;1) 1 Thank you again for your public service, your leadership, and all of your hard work on behalf of property owners within District 1. CC: Hon. Mayor Tomas Regalado Hon. Chairman Keon Hardemon Hon. Commissioner Ken Russell Hon. Commissioner Frank Carollo Hon. Commissioner Francis Suarez Daniel Alfonso, City Manager Francisco Garcia, Planning Director Todd Hannon, City Clerk (38539016;1 } Sincerely, Erin H. Ankin Authorized Signatory Waterton UC Owner, L.L.C. 2 From: David Polinsky <dpolinsk@gmail.com> Sent: Wednesday, September 14, 2016 5:52 PM To: FutureLegislation Cc: tcuritore@wynwoodbid.com Subject: FL-PZ.2 (16-00315zt) - Art in Public Places Program Attachments: AiPP Resolution.pdf I am writing as a Director of the Wynwood Business Improvement District, a board of the City of Miami, and as chairman of its Planning and Zoning Committee. On June 29th, the Planning and Zoning Committee passed a Resolution recommending that the Wynwood Arts District (as defined by the boundaries of the recent NRD-1 Zoning Legislation) be either carved out of the AiPP Legislation or that the legislation be modified in such a way as not damage the success of its existing arts programs. The Wynwood Arts District already has a an internationally -recognized art in public places program which was created over the past 10 years without any government legislation. This has now been enshrined through our NRD-1 Zoning Legislation and its Wynwood Design Review Committee (WDRC). The WDRC is comprised of Wynwood architects, gallerists, developers and other prominent community representatives who are steeped in the artistic history and culture of Wynwood. The WDRC has met and reviewed over a half dozen development projects over the past 4 months and their recommendations have been part of a lively public debate about the interaction of art and architecture in these projects, as viewed in the (pedestrian) context of Wynwood. A long list of specific concerns are raised in the resolution, including that (1) Wynwood's famous mural arts do not meet the AiPP definition of "Art", (2) Wynwood's mural arts artists do not meet the AiPP definition of "Artist", (3) Wynwood mural arts can not be appraised and (4) are designed to be replaced every few years as part of the continuing evolution of the neighborhood. We encourage the City of Miami to meet with the Wynwood BID to share our experiences in how to develop arts driven neighbourhoods and to modify the resolution in such a way as to not damage Wynwood's successes. Best Regards, David Polinsky, Ph.D.' Managing Partner Fortis Design + Build LLC p h : 786-527-0094 david@fortisdesignbuild.com CONFIDENTIALITY NOTE: The contents of this e-mail message and any attachments are confidential and are intended solely for addressee. The information may also be legally privileged. This transmission is sent in trust, for the sole purpose of delivery to the intended recipient. If you have received this transmission in error, any use, reproduction or dissemination of this transmission is strictly prohibited. If you are not the intended recipient, please immediately notify the sender by reply e-mail or phone and delete this message and its attachments, if any. Thank you. 1 BUSINESS IMPROVEMENT DISTRICT WYNWOOD I310 NW 26th Street Suite #1 Miami, Florida 33127 T (786) 615-8828 E info®wynwoodbid.com A RESOLUTION OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT ("BID") PLANNING COMMITTEE URGING THE CITY OF MIAMI TO NOT ADOPT AN "ARTS IN PUBLIC PLACES" PROGRAM THAT AFFECTS THE WYNWOOD NEIGHBORHOOD; URGING THE BOARD MEMBERS OF THE BID TO ADOPT A SIMILAR RESOLUTION; FURTHER DIRECTING THE EXECUTIVE DIRECTOR TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. WHEREAS, Wynwood is a neighborhood in the City of Miami ("City") generally bounded by NW 20th Street to the South, NW 36th Street to the North, the FEC Railroad tracks to the east, and Highway 95 to the west; and WHEREAS, Wynwood was originally first recognized on or about January 7, 1917 when Josiah Chaille and Hugh Anderson platted in the area; and WHEREAS, Wynwood was once a distressed area that is now a thriving arts and culture district; and WHEREAS, Wynwood has developed over the last decade through public art and expression; and WHEREAS, in 2009, Goldman Properties created the Wynwood Walls which has included more than 50 artists from 16 countries and has brought much notoriety to the City within the genre of graffiti and street art, along with the world's greatest artists; and WHEREAS, while many would consider graffiti to be vandalism, in the unique neighborhood of Wynwood, landowners cultivate street artists and have helped the area become a freewheeling outdoor museum; and WHEREAS, the Wynwood Art District is a district of the Wynwood neighborhood that is home to over 70 galleries, five museums, three collections, seven art complexes, 12 art studios five art fairs, and the Wynwood Walls; and WHEREAS, every second Saturday of each month, a community -wide art walk is held called the Wynwood Artwalk; and WHEREAS, Wynwood has become the go -to -place for an alternative and more cultural nightlife in the City; and The Wynwood Business Improvement District (BID) is a municipal board of the City of Miami, Florida. Its mission is to build upon Wynwood's role as a globally recognized center for arts, innovation and culture. WHEREAS, Wynwood has been able to create this cultural mecca without the need for specific regulations concerning or requiring art in the public domain; and WHEREAS, the City is now attempting to create public art program ("Program") that would apply to Wynwood as well as other areas of the City; and WHEREAS, the Wynwood Business Improvement District Planning Committee ("Committee") commends the City for considering such a Program; and WHEREAS, the Committee is concerned that Wynwood is very unique and different from other areas of the City and thus should not have the same Program regulations apply to its unique neighborhood; and WHEREAS, the Program requires the acquisition of works of art in value of a minimum of one and a quarter percent of construction costs of one million dollars or more; and WHEREAS, while much of the construction costs in Wynwood meets the applicable dollar threshold, the unique artwork that currently exists does not meet this dollar threshold; and WHEREAS, the Program has a related board that is made of individuals who possess degrees in the fine arts and related fields; and WHEREAS, many of the artists who have created beautiful works of art in Wynwood do not have any related degrees and thus would be "judged" by individuals who are not their peers and do not necessarily understand the uniqueness of Wynwood; and WHEREAS, criteria to determine if art should be erected pursuant to the Program is whether the artist has sold any art in the past; and WHEREAS, many of the artists in Wynwood are considered "street artists" who do not "sell" their artwork but simply display it for the enjoyment and benefit of the public; and WHEREAS, the Program requires the artwork to be "durable" for a minimum of twenty- five years; and WHEREAS, the unique artwork in Wynwood is not meant to last for twenty-five years, but rather, is intended to be periodically changed; and WHEREAS, the Program requires an application process to display art including, but not limited, to submission of sketches, appraisals, and plans; and WHEREAS, the unique artwork in Wynwood is not "planned" but is created as a result of creative minds and passions; and WHEREAS, the program requires artists to waive any rights they may have to their artwork including the right to reproduce and distribute; and WHEREAS, the artwork in Wynwood is unique and thus artists who have displayed their artwork in Wynwood should not be required waive any of their invaluable rights; and WHEREAS, implementation of any of the regulations of the Program in Wynwood will have a detrimental effect including but not limited to deterring artists from displaying their unique artwork in Wynwood; and WHEREAS, the Committee believes the intent of the Program would not be accomplished in Wynwood, specifically improving the quality of life of residents, stimulating businesses, attracting visitors and potential residents, and creation of job opportunities; NOW, THEREFORE, BE IT RESOLVED BY THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT PLANNING COMMITTEE OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Wynwood Business Improvement District Planning Committee urges the City of Miami to not adopt an "Art in Public Places" Program that affects the Wynwood neighborhood. Section 3. The Committee urges the Board of the BID to adopt a similar Resolution. Section 4. The Executive Director is directed to transmit a copy of this Resolution to the Mayor and Members of the Miami City Commission, City Manager Daniel J. Alfonso, City Attorney Victoria Mendez, Planning Director Francisco J. Garcia, and all the board members of the Wynwood Business Improvement District. Section 5. This Resolution shall become effective immediately upon its adoption and execution by the Chairperson. PASSED AND ADOPTED THIS 29th DAY OF JUNE, 2016. David Polinsky Chairperson