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City of Miami
AIPP Resolution
Enactment Number: AIPP-R-18-002
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4194
Final Action Date:9/17/2o1s
A RESOLUTION OF THE MIAMI ART IN PUBLIC PLACES BOARD, WITH
ATTACHMENT(S), RECOMMENDING APPROVAL WITH MODIFICATIONS OF AN
ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND THE MIAMI 21 CODE,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.5, ENTITLED
"DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM"; ARTICLE 3, SECTION
3.17, ENTITLED "PUBLIC ART REQUIREMENTS"; AND ARTICLE 11, ENTITLED
"ART IN PUBLIC PLACES PROGRAM," TO PROVIDE FOR PUBLIC ART
REQUIREMENTS AND ECONOMIC INCENTIVES FOR PRIVATE DEVELOPMENTS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
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Public Art anager Date
STATE OF FLOR DA )
COUNTY OF MIAMI-DADE )
Personally appeared before me, the undersigned authority 'efl k\la\-0 Z Public Art Manager of the City of Miami,
Florida, and acknowledges that s/he executed the(foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF JOV , 2013
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Print Notary Name
Personally know ā or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
Notary Pub is State of Florida
My Commission Expires:
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Commission #EGG 163775
Rw2 Expires November 20, 2021
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City of Miami Page 1 of 1 File ID: 4194 (Revision:) Printed On: 11/6/2018
City of Miami
Legislation
Ordinance
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1909 Final Action Date:
A RESOLUTION OF THE MIAMI ART IN PUBLIC PLACES BOARD, WITH
ATTACHMENT(S), RECOMMENDING APPROVAL OR DENIAL OF AN
ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND THE MIAMI 21
CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.5,
ENTITLED "DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM"; ARTICLE
3, SECTION 3.17, ENTITLED "PUBLIC ART REQUIREMENTS"; AND ARTICLE
11, ENTITLED "ART IN PUBLIC PLACES PROGRAM," TO PROVIDE FOR
PUBLIC ART REQUIREMENTS AND ECONOMIC INCENTIVES FOR PRIVATE
DEVELOPMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March
16, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-018 by a
vote of eight to zero (8-0), Item No. PZAB.6, recommending approval of the amendments to the
Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21
Code") to establish an art in public places program; and
WHEREAS, various local governments throughout the State of Florida and the country
have implemented art in public places programs committing to the placement of public art in
urban environments; and
WHEREAS, the City of Miami ("City") had the vision and foresight to adopt the first art in
public places program in Miami -Dade County in 1967, but due to changes in Administration, the
program went dormant; and
WHEREAS, on January 12, 2017 pursuant to Ordinance No. 13656, the City
Commission reestablished the art in public places program for public development projects and
directed staff to provide for public art requirements for private development that would contribute
to the aesthetic diversity and character of the built environment and the cultural enrichment of
the community; and
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
April 5, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-026 to
Chapter 62 of the City of Miami Code and PZAB-R-17-025 of the Miami 21 Code by a vote of six
to one (6-1), recommending approval with one condition of the amendments to Chapter 62 of
the City of Miami Code and to the Miami 21 Code, the Zoning Ordinance of the City of Miami,
Florida, as amended ("Miami 21 Code"), to establish an art in public places program attached
hereto as Exhibit A; and
WHEREAS, Miami Planning, Zoning and Appeals Board ("PZAB") condition that the Art
in Public Places Ordinance shall not take effect until the adoption of the "Public Art Master
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Plan"; and
WHEREAS, the PZAB passed a motion directing the Department of Planning and
Zoning staff to draft a "Public Art Master Plan" and bring the draft version before the PZAB for
review and recommendations, prior to the "Public Art Master Plan" being scheduled for adoption
by the City Commission; and
WHEREAS, the Department of Planning and Zoning respectfully disagrees with the
conditions as recommended by the PZAB and finds that said condition would be
counterproductive and would further hinder the implementation of the Art in Public Places
Program and will adversely impact the public art component review of all applicable
Government Development Projects as adopted in Phase I, and
WHEREAS, the Historic and Environmental Preservation Board ("HEPB"), at its meeting
on June 6, 2017, following an advertised public hearing, passed a motion authorizing the Chair
to issue a letter of support with a condition to the amendments of the Art in Public Places
Ordinance attached hereto as Exhibit B; and
WHEREAS, the Art in Public Places Board held several townhall meetings inviting the
development and artistic community to provide additional feedback; and
WHERAS, after several meetings, the Art in Public Places Board moved to simplify the
Art in Public Places legislation and include development incentives and affordable housing
incentives for local artists; and
WHEREAS, a art in public places program would create a stimulating and diverse
cultural environment that reflects, defines, nd.enhances the City's heritage, values, and visions
for the future, through art integrated in the architecture, infrastructure, and landscape; and
WHEREAS, the City;recognzes that the aesthetic diversity provided by art within the
City's built environment is vital to the quality, of the life of its residents 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 the City a
premier world class place iri which''to4live, work, and raise a family; and
WHEREAS, in Metromedia, Inc. v.'San Diego, 453 U.S. 490 (1981), 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
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 amend Article 11 of the Miami 21 Code,
entitled "Art in Public Places Program" ("Public Art Program"), to establish public art
requirements for private development thereby creating 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 its citizens through the placement of art, creation of artistic opportunities and
implementation of art programming; and
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WHEREAS, the requirements found in this Ordinance are design standards based on
the aesthetic needs 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 Public Art Program, as set forth in this Ordinance, does not conflict with
the laws and policies governing any development agreements authorized by Sections 163.3220
- 163.3243, Florida Statutes, as amended, and does not prevent development of the land uses,
intensities, or densities for projects subject to development agreements; and
WHEREAS, the Public Art Program, as set forth in this Ordinance, is essential to the
public health, safety, and welfare of the residents of the City; and
WHEREAS, it is the intent of the City Commission and the Public Art Program to place
art in public places and the fee in lieu of public art as authorized in the Public Art Program is an
alternative that developers may avail themselves of, but is not the primary goal of the Public Art
Program; and
WHEREAS, the City Commtssio hereby finds and declares that the adoption of this
Ordinance is consistent with the Miami Comprehensive Neighborhood Plan, and that it 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 recitals and findings contained in the Preamble to this Ordinance are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The Miami 21 Code is hereby amended by making modifications in the
following particulars:
"ARTICLE 1. DEFINITIONS
1.5 DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM.
Art in Public Places Board ("AIPPB"): The entity appointed by the City Commission to
aid in the administration of the Art in Public Places Program. The AIPPB shall have the
power to make decisions regarding dedications, donations, and acquisitions of Art to
fulfill the requirements as prescribed in Article 11 of this Code and Chapter 62 of the City
Code. Reference to approval by the AIPPB of this Code shall mean approval at a duly
noticed public meeting.
Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
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Development Protect: Any Development, as defined in Article 1 of this Code, including
remodeling, construction, or redevelopment, which requires a Building permit or permits as
described on the precise plan submitted for approval to the City.
Wynwood Public Art Regulations: A set of standards and regulations, including but not limited to
applicability of public art, criteria, policies and procedures related to the submission, donation,
dedication, consideration, and acceptance of Art on private development for properties located
within the Neighborhood Revitalization District 1 ("NRD-1 "), which shall be adopted by the City
Commission, pursuant to a recommendation by the Director in consultation with the AIPPB and
amended as necessary.
ARTICLE 3. GENERAL
*
3.17 Public Art Requirements.
0 ALL ZONES'.
Development Projects shall comply with all applicable provisions of the Art in Public
Places Program pursuant to Article 11 of this CodeYand\Chapter 62, Article XVI, of the
City Code, as applicable.
ARTICLE 11. ART IN PUBLIC PLACES PROGRAM
11.4 Appl cabili
(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 but not limited to parking structures,
Rest ential Development Projects, mixed use projects, or commercial sites shall
provide forthe acquisition of works of Art subject to the project valuation schedule
below, or a combination thereof per Section 11.5:
Development Projects with Construction Cost of three million dollars
($3,000,000.00) to five million ($5,000,000.00 ) shall provide for the
acquisition of works of Art in value of a minimum of half a percent (.50%) of
Construction Cost for artwork provided on site, or a quarter percent (.25%) of
Construction Cost if the fee is paid into the Fund, or a combination thereof
per Section 11.5.
gj Development Projects with Construction Cost of over five million dollars
($5,000,000.01) to ten million ($10,000,000.00 ) shall provide for the
acquisition of works of Art in value of a minimum of three quarters of a
percent (.75%) of Construction Cost for artwork provided on site, or half a
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percent (50%) of Construction Cost if the fee is paid into the Fund, or a
combination thereof per Section 11.5.
L3] Development Projects with Construction Cost of over ten million dollars
($10,000,000.01) to fifteen million ($15,000,000.00) shall provide for the
acquisition of works of Art in value of a minimum of one percent (1 %) of
Construction Cost for artwork provided on site, or three quarters of a percent
(.75%o)ofConstruction Cost if the fee is paid into the Fund, or a combination
thereof per Section 11.5.
L Development Projects with Construction Cost over fifteen million dollars
($15,000,000.01) shall provide for the acquisition of works of Art in value of a
minimum of one and a quarter percent (1.25%) of Construction Cost for
artwork provided on site, or alternatively, one percent (1 %) of Construction
Cost if the fee is paid into the Fund, or a combination thereof per Section
11.5.
(5) This Article shall not be applicable to Development -Projects that consist only
of interior renovations or remodeling of an existing structure with a
Construction Cost of less than 50% of the appraised value of the structure or
three million dollars ($3,000,000.00), whichever is greater.
(6) This Article shall not be applicable to the Residential components of
Affordable Housing 'or Workforce Housing Developments not otherwise
required to provide Public Art pursuant to Sec. 2-11.15 and Procedures No.
358 entitled "Art in Public Places (AIPP) Procedures" of the Miami -Dade
County Code, as amended'' a '6"
{7) The maximum Public Art Fcc acr building shall be capped at an amount two
million dollars ($2,000,000.00), as an "in lieu" Public Art Fcc.
(8) The Building Department will calculate the pertinent Public Art amount in
accordance with this Article. When disputes arise in determining the Public
Art Fee -amount, the Developer(s) shall provide the Building Department and
the Public Art Division a copy of the executed notarized construction services
contract(s) for the Development Project so that the City can accurately
determine the Construction Cost and properly calculate the Public Art Fcc
'amount based upon the anticipated Construction Cost.
(c) The Public Art Division, may waive the following from the Public Art Program:
(1) The reconstruction of Structures which have been damaged by fire, flood, wind,
or other act of God.
(2) Religious Facilities or Development Projects by qualified 501(c)(3) organizations
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, as
amended.
(3) The restoration or rehabilitation of a portion(s) of a Historic Resource as defined
in Article 1, Section 1.5. that does not alter the size or occupancy load of the
Structure.
City of Miami
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(4) The repair or rehabilitation of a Structure for the installation of fire sprinklers or
improvements pursuant to the Americans with Disabilities Act.
(5) Development Projects funded by grant(s) that prohibit the use of grant funds for
purposes not specified under the grant(s).
(6) Residential components of Affordable Housing or Workforce Housing
Developments not otherwise required to provide Public Art pursuant to Sec. 2
11.15 of the Miami Dadc County Code, as amended.
(6) (74 Properties which have received Notice of Recertification for structures 40
years and over in accordance Section 8-11(f)of the Miami -Dade County Code.
11.5 Compliance with the Public Art Program and t
following:
shall be by one (1) of the
(a) Except as provided in Chapter 62,./Article XVI of the City Code, payment of the Public
Art Fee shall be made prior to issuance of a master building permit for a
Development Project, unless specifically stated otherwise herein
(b) Except as provided in Chapter 62, Article XVI, of the City Code, prior to issuance of a
Certificate of Occupancy ("CO" ) the Developer may:
(1) Donation of Public Art. Donated Art which has been approved by the AIPPB
as having a documented minimum value of the required percentage of the
total Project Cost of the Development Project, excluding land acquisition and
off -site improvement costs as identified in'Section 11.4;
(2) Placement of Art on site. Art placed on the Development Project site, which
shall have a minimum value of the;, specified percentage of the total Project
Cost of the Development Project, excluding land acquisition and off -site
improvement costs as identified in Section 11.4; or
(3) Prior to Donation of Art; or placement of the Art on the Development Project
site:
(i) The Art must be approved by the AIPPB pursuant to Chapter 62, Article
XVI, Section 62-659 of the City Code.
Mastor Plan and Public Art Program Guidelines;
(ii) The Developer must record a covenant for maintenance, insurance, and
other rcctuircments set forth in Chapter 62 of the City Code, in a form
acceptable to the City Attorney; and
(iii) The Developer must deposit all financial security into an escrow account,
as applicable.
(4) For large scale Development Projects being developed in phases pursuant to
a Special Area Plan ("SAP") located within the City, Major Use Special Permit
("MUSP") located within the Midtown Overlay District, or Development
Projects consisting of a minimum of forty (40) eentictue-us acres or more
under common ownership control located within the Civic Institutional Health
District (CI -HD), Developers may submit a Public Art Master Plan for the
subject site to be approved by the AIPPB in accordance with the
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requirements as provided in Chapter 62, Article XVI, of the City Code and
Article 11 of this Code. The appraised or purchased value of existing Art
approved under the Public Art Master Plan may be credited towards the
requirements of this Article for future Development Projects on the site.
For Development Projects of 200,000 100,000 sq. ft. or more, excluding
Special Area Plans ("SAP"), the public art requirement may be satisfied by
the following:
a. Density incentive: Provide Affordable Housing units on site for
local artist(s) (at or below 60% AMI). The number of Affordable
Housing units provided for local,artist(s) shall not exceed the
public art percentage requirement as outlined in Section 11.4.
Said units shall not count towards maximum density, parking and
FLR. For the purpose of this section, an artist(s) is defined as
someone whose main income is derived from an art related field
such as but not limited to art, music,dance or theater and as
further outlined in the Public Art Master Plan.
i. Prior to any entitlements, the DeveloperfOwner must
record a covenant for the Affordable Housing units for
artist(s) in a form acceptable to the City Attorney.
b. Provide onsite affordable studio, community gallery or office
space. The affordable'space provided shall not exceed the public
art percentage, requirement as outlined in Section 11.4. Said
space shall not count towards maximum FLR and parking.
Prior to any entitlements, the Developer must record a
covenantor 15 years with two successive five year
terms for the affordable studio, gallery or office space
in a form acceptable to the City Attorney.
The City of Miami's Public Art Division shall work with
local nonprofit organizations certified by the City that
promote the visual and performing arts when allocating
space as a result of this section and as further outlined
in the Public Art Master Plan.
Combination. Any combination from the above, subject to AIPPB approval.
11.6 Neighborhood Revitalization Districts ("NRD").
(a) NRDs that have a Design Review Board or Committee may make recommendations to
the AIPPB for the installation of Art for Development projects located within the NRD
boundaries.
(b) Specific to the NRD-1 "Wynwood Arts District", as contained within the boundaries of the
NRD-1. With the exception of Government Development projects, Development Projects
within the NRD-1 boundaries shall not be subject to the definitions, development
standards, review criteria, or requirements for compliance with the Art in Public Places
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Program as set forth in Section 3.17 and in this Article 11 of the Miami 21 Code, and in
Chapter 62, Art. XVI of the City Code, as applicable, except as may be explicitly
incorporated, or incorporated by reference, within subsequently adopted regulations
after approval by City Commission. As long as it is in existence, the Wynwood Design
Review Committee ("WDRC") shall propose public Art regulations, including but not
limited to the applicability of public Art requirements, criteria for review and placement of
Art, public art guidelines, for private development for properties located within the
boundaries of the NRD-1 which may be incorporated into the Public Art Master Plan and
shall be known as the "Wynwood Public Art Regulations" which shall be approved by the
City Commission upon a recommendation of the Director in consultation with the AIPPB
as the applicable regulations for public art within the NRD-1. The WDRC shall serve as
the Public Art Board when reviewing public art applications for private development
within the NRD-1. No Public Art Funds shall be expended within the boundaries of the
NRD-1 except for Government Development Proleets subject to public Art requirements.
Section 3. This Ordinance shall not apply to any Development Projects that have a valid
and effective Waiver, Warrant, Class II, Variance, Exception, Certificate of Appropriateness,
Major Use Special Permit, Development Agreement, or Special Area Plan permit on the
effective date of this Ordinance and that obtain a master building permit within Twenty-four (24)
months of the Effective Date of this Ordinance. If a decision on a Waiver, Warrant, Class II,
Variance, Exception, Certificate of Appropriateness, Major Use Special Permit, Development
Agreement, or Special Area Plan permit has been timely appealed on the effective date of this
ordinance to the Planning, Zoning and Appeals Board ("PZAB"), the City Commission, or a court
of competent jurisdiction, the: twenty four (24) month period to obtain a master building permit
shall begin to run on the date of a final order on the appeal to the highest court of competent
jurisdiction, or the issuance of the permit, whichever is later. This Ordinance shall not apply to
any Development Projects that have been deemed to have a complete application by the
Director of the Department of Planning and Zoning as defined by the application checklist
included as an exhibit to this Ordinance, as of the effective date of this Ordinance and that does
not remain inactive for a period not to exceed three (3) months, and has not been substantially
modified; from its initial submittal, unless at the request of or proposal of the Planning and
Zoning'` Department. Substantial modifications shall mean a material change such as but not
limited to, Height, FLR/Lot Coverage, number of floors and or dwelling units, decreases in
setbacks, open; space, uses and parking spaces. If substantially modified, the Ordinance shall
apply to the entire project.
Section 4 If any section, part,of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid,=the remaining provisions of this Ordinance shall not be affected.
Section 5. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Miami 21 Code, which provisions may be renumbered
or re -lettered and that the word "ordinance" may be changed to "section", "article", or other
appropriate word to accomplish such intention.
Section 6. This Ordinance shall become effective immediately upon adoption and
signature by the Mayor.'
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
City of Miami
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File ID: 1909
Enactment Number:
APPROVED AS TO FORM AND CORRECTNESS:
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 9 of 9 File ID: 1909 (Revision: A) Printed on: 6/26/2017