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HomeMy WebLinkAboutLegislation-SUB Revision ATHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Legislation Ordinance City Han 3500 Pan Ameican Drive Miami, FL 33133 www,miamigov.com File Number: 1909 Final Action Date: 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 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 a public art program; and WHEREAS, various local governments throughout the State of Florida and the country have implemented public art 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 public art program in Mianni-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 public art 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 a public art program attached hereto as Exhibit A; and WHEREAS, Miami Planning, Zoning and Appeals Board ("PZAB") condition that the Public Art Ordinance shall not take effect until the adoption of the "Public Art Master Plan"; and WHEREAS, the Miami Planning, Zoning and Appeals Board ("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 Planning, Zoning and Appeals Board for review and recommendations, prior to the "Public Art Master Plan" being scheduled for adoption by the City Commission; and City ofMiami File ID: 1909 (Revision,* A) Printed On: 6t21a017 1909-Legislation-SUB Revision A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. WHEREAS, the Department of Planning and Zoning respectfully disagrees with the conditions as recommended by the Miami Planning, Zoning and Appeals Board 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 l; 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, 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 recognizes 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 in which to live, 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 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 City of Miami File ID: 1909 (Revision: A) Printed On: 6/21/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 Commission 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 CTY 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:1 "ARTICLE 1. DEFINITIONS 1.5 DEFINITIONS OF ART IN PU LIC PLACES PROGRAM. 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 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, Wynwood Public Art Regulations: A set of standards and regulations, including but not limited to applicability of Dubkc 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 TO ALL ZONES 3. 7 Public Art Requirements, Development Projects shall comply with all applicable provisions of the Public Art ' 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 aictitaraed material, City of Miami File ID: 1909 (Revision: A) Printed On: 6/21/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Program pursuant to Article 11 his Code and Chapter 62, Article XVI, of the City Code, as applicable. 11.4 Applicability. b Non - ARTICLE 11. ART IN PUBLIC PLACES PROGRAM overnmental and private sector evelo ment Pro'ects. All non- overnmental and private sector Development Projects (including interior or exterior modifications, additions, or new construction) including but not limited to parking structures, Residential Development Projects, mixed use projects, or commercial sites shall rovide for the a uisition of works of Art sub'ect to the rroiect valuation schedule below, or a combination thereof per Section 1 . . LU Development Proiects with Construction Cost of three million dollars f$3,000,000.00) to five million ($5,000,000.00 ) shall provide for the acquisition of works of Art in in value of a minimum of half a percent (.50%) of Construction Cost for artwork provided on site, a quarter percent .25% of Construction Cost if the fee is paid into the Fund. (2) Development Projects with Construction Cost 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 attptnt (.75%) of Construction Cost for artwork provided on site, half a percent (50%) of Construction Cost if the fee is paid into the Fund. (3) Development Projects with Construction Cost 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 in value of a minimum of one percent (1%) of Construction Cost for artwork provided on site three uarters of a percent (,75%) of Construction Cost if the fee is paid into the Fund, (4) Development Projects with Construction Cost over fifteen million dollars L$15,000,000.01) shall provide for the acquisition of works of Art in in value of a minimum of one percent (1.25%) of Construction Cost for artwork provided on site, or alternately, one percent (1%) of Construction Cost if the fee is paid into the Fund, or a combination thereof per Section 11.5. 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 three million dollars ($3,000,000.00) or 50% of the appraised value of the structure whichever is greater. The Building Department will calculate the pertinent Public Art Fee in accordance with this Article. When disputes arise in determinin the Public Art Fee 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 Pro'ect so that the Cit can accurately determine the Construction Cost and properl calculate the Public Art Fee based upon the anticipated Construction Cost. c The AIPPB, at a public hearing, may waive the following from the Public Art Pro r upon recommendation from the Public Art Division: City of Miami File ID: 1909 (Revision: A) Printed On: 6/21/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. (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 bad of the Structure, (4) The repair or rehabilitation of a Structure for the installation of fire sprinklers or improvements pursuant to the American 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 -Dade County Code, as amended. L7) 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 this Article shall be by one (1) of the followinQ a Exce t as provided in Chapter 62, Article XVI of the City Code, paymentofthe Public Art Fee shall be made prior to issuance of a master building permit 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 bv the AIPPB as having a documented minimum value of the required percentage of the total Proiect 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 total Project Cost of the Development Eigiect„._excluding land acquisition and off -site improvement costs as identified in Section 11.4. or 3 Prior to Donation of Art or lacement of the Art on the Develo ment Proiect site: (i) The Art must be approved by the AIPPB and conform to the adopted Public Art Master Plan and Public Art Program Guidelines', (ii) The Developer must record a covenant for maintenance, insurance, and other requirements set forth in Chapter 62 of the City Code, in a form acceptable to the CityAttorne • and Qii) The Developer must deposit all financial security into an escrow account, as applicable. City ofMiami File ID: 1909 (Revision: A) Printed Orr: 6/21/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. (4) For large scale Development Projects being developed in phases pursuant to a S eclat Area Plan "SAP") located within the City, Major Use Special Permit f"MUSP") located within the Midtown Overlay District, or [Development Projects consisting of a minimum of forty (40) contiguous acres or more nder common ownership located within the Civic Institutional Health District fg-HD), Developers may submit a Public Art Master Plan for the subject site to be approved by the AIPPB in accordance with the requirements as provided in Chapter 62, Article XVI, of the City Code and Article 11 of this Code. The appraised 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. (c) Combination. Any combination from the above, subject to AIPPB approval. 11.6 Neighborhood Revitalization Districts ("NRD"). (a) N Ds 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, Develo ment Proiects within the NRD-1 boundaries shall not be subject to the definitions, development standards, review criteria, or requirements for compliance with the Public Art 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 Citv Commission. As Ion as it is in existence, the Wynwood Desi n Review Committee ILLDRC") shall propose public Art regulations, including but not limited to the aooiicability of public Art re uirements, 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. Until said Wynwood Public Art Regulations located within the boundaries NRD-1 are adopted by the City Commission, Non -governmental and private sector Development Projects shall be subject to the Public Art Requirements contained herein. 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 III, 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 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 City of Miami File ID; 1909 (Revision.' A) Printed On: 6/21/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 APPROVED AS TO FORM AND CORRECTNESS: 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 effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later, City of Miami File ID: 1909 (Revision: A) Printed On: 6/21/2017 SUBSTITUTED City of Mia Legislation Ordinance City Hall 3500 Pan Ameican Drive Miami FL 33133 www.nniami'gov.co File Number: 1909 Final Action ate: AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND THE MIAMI 21 ODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; AS AMENDED SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.5, ENTITLED 'DEFI TIONS OF ART IN PUBLIC PLACES PROGRAM"; ARTICLE 3, SECTION 3.16, ENTIT D "PUBLIC ART REQUIREMENTS"; AND ARTICLE 11, ENTITLED "ART IN PUBLIC P ACES PROGRAM," TO PROVIDE FOR PUBLIC ART REQUIREMENTS FOR P IVATE DEVELOPMENTS: CONTAINING A SEVERABIILITY CLAUSE AND P VIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the Planning, Zoning and Appeals Board ("PZ "), at its meeting on March 16, 2016, following an advertised public hearing, adopted Resol ion No. PZAB-R-16-018 by a vote of eight to zero (8-0), Item No. PZAB.6, recommending a oval of the amendments to the Miami 21 Code, the Zoning Ordinance of the City of Miami, F .rida, as amended ("Miami 21 Code") to establish a public art program; and WHEREAS, various local governments throug 4utthe State of Florida and the country have implemented public art programs committing to e placement of public art in urban environments; and WHEREAS, the City of Miami ("City") h the vision and foresight to adopt the first public art program in Miami -Dade County in 67 but due to changes in Administration, the program went dormant; and WHEREAS, on January 12, 20 pursuant to Ordinance No. 13656, the City Commission reestablished the public rt program for public development projects and directed staff to provide for public art requi ents for private development that would contribute to the aesthetic diversity and character the built environment and the cultural enrichment of the community; and WHEREAS, a publi art program would create a stimulating and diverse cultural environment that reflects refines, and enhances the City's heritage, values, and visions for the future, through art inte ated in the architecture, infrastructure, and landscape; and WHEREAS e City recognizes that the aesthetic diversity provided by art within the City's built enviro ent is vital to the quality of the life of its residents and to the economic success of its b sinesses as it attracts visitors and potential residents, fuels the local economy by creating Jo opportunities, and assists the City in fulfilling its mission to make the City a premier wo • class place in which to live, work, and raise a family; and HEREAS, in Metromedia, Inc. v. San Diego, 453 U.S. 490 (1980), the United States Supr: e Court held that land development regulations which require development to meet aes' e ic conditions have been generally found to be supported by a legitimate public purpose; a 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 City ofMiami File ID: 1909 (Revision:) Printed On: 6/112017 SUBSTITUTED 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 duration and exhibition of high quality art that reflects a variety of artistic styles a 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 qual life for its citizens through the placement of art, creation of artistic opportunities and implementation of art programming; and WHEREAS, the requirements found in this Ordinance are design standar' based on the aesthetic needs of the City and its communities and are not intended to be onstrued as either an impact fee or a tax; and WHEREAS, public and private development projects shall contrib e to a public art program to enhance and maintain the City's aesthetic diversity and ch acter; and WHEREAS, the Public Art Program, as set forth in this Ord" ance, does not conflict with the laws and policies governing any development agreements a orized by Sections 163.3220 - 163.3243, Florida Statutes, as amended, and does not preve development of the land uses, intensities, or densities for projects subject to development a eements; and WHEREAS, the Public Art Program, as set forth this Ordinance, is essential to the public health, safety, and welfare of the residents of th y; and WHEREAS, it is the intent of the City Com ssion and the Public Art Program to place art in public places and the fee in lieu of public a as authorized in the Public Art Program is an alternative that developers may avail thernselv of, but is not the primary goal of the Public Art Program; and WHEREAS, the City Commissio ereby finds and declares that the adoption of this Ordinance is consistent with the Miami omprehensive Neighborhood Plan, and that it is necessary, appropriate, and advanc the public interest; NOW, THEREFORE, BE ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The rec is and findings contained in the Preamble to this Ordinance are hereby adopted by refer: ce thereto and incorporated herein as if fully set forth in this Section. Section 2. T Miami 21 Code is hereby amended by making modifications in the following particular "ARTICLE 1. DEFINITIONS 1.5 'EFINITIONS OF ART IN PUBLIC PLACES PROGRAM. Words andior 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 nchanpedjnaterjal, City ofMlarni File 1D: 1909 (Revision:) Printed On: 6/13/2017 SUBSTITUTED 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 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 notice public meeting, Wynwood Public Art Regulations: A set of standards and regulations, includ g but not limited to applicability of public art, criteria, policies and procedures relate the submission, donation, dedication, consideration. and acce tance of A private development for properties located within the Neighborhood Revitaliz on District 1 LNRD-1"), which shall be adopted by the City Commission., ursua to a recommendation by the Director in consultation with the AIPPB a amended as necessary. ARTICLE 3 GENERAL TO ALL Zi ES 3,16 Public Art Re uirements. Development Projects shall comply with al plicable provisions of the Public Art Program pursuant to Article 11 of this Co and Chapter 62, Article XVI, of the City Code, as applicable, * ARTICLE 11. A IN PUBLIC PLACES PROGRAM 11,4 Applicability. Lb) Non-govemment and vate sector Development Projects. All non -governmental and private se Development Projects (including interior or exterior modifications_, additions or construction) including but not limited to parking structures Residential ievelopment Projects, mixed use projects or commercial sites shall provide f the acquisition of works of Art subject to the project valuation schedule below, 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 agayisition of works of Art in in value of a minimum of half a percent (.50°/0) o Construction Cost for artwork provided on site, a quarter percent (.25%) of Construction Cost if the fee is paid into the Fund. gj Development Projects with Construction Cost 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 (.75Q/©) of Construction Cost for artwork provided on site, half a percent (50%) of Construction Cost if the fee is paid into the Fund. City of Miami File ID: 1909 'Revision:) Printed On: 6113/2017 SUBSTITUTED Development Projects with Construction Cost 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 in value of a minimum of one percent (1%) of Construction Cost for artwork provided on site, three quarters of a percent (,75%) of Construction Cost if the fee is paid into the Fund. (4) Development Projects with Construction Cost over fifteen million doll f$15,000,000.01) shall provide for the acquisition of works of Art in value of a minimum of one percent (1 25%) of Construction Cost for artwo provded on site, or alternately, one percent (1%) of Construction Cost if e fee is paid into the Fund, or a combination thereof per Section 11.5. (5) This Article shall not be applicable to Development Projec that consist only of interior renovations or remodeling of an existing stru re with a Construction Cost of less than three million dollars ($ 100 000.00 . The Building Department will calculate the pertinent Public Ar Fee in accordance with this Article. When disputes arise in determining the Public L t Fee, the Developer(s1 shall provide the Building Department and the Public Artr. vision a copy of the executed notarized construction services contract(s) for the Dev-'spment Project so that the City can accurately determine the Construction Cost and operly calculate the Public Art Fee based upon the anticipated Construction Cost () The AIPPB, at a public hearing, may waive e following from the Public Art Program upon recommendation from the Public A •vision: (1) The reconstruction of Structures ich have been damaged by fire, flood, wind, or other act of God. (2) Religious Facilities or Devel' nt Projects by qualified 501(c)(3) organizations except as otherwise prow d in Section 2-11.15 and Procedures No. 358 entitled "Art in Public Places (A Procedures" of the Miami -Dade County Code, as amended. (3) The restoration or habilitation of a portion(s) of a Historic Resource as defined in Article 1, Sec n 1.5_ that does not alter he size or occupancy load of the Structure. f4) The repair rehabilitation of a Structure for the installation of fire sprinkers or irnprovep ents pursuant to the American with Disabilities Act. (5) Dev pnrient Projects funded by grant(s) that prohibit the use of grant funds for u oses not specified under the grant(§1 6 esidential components of Affordable Housing or Workforce Hpusiog, Developments not otherwise required to provide Public Art pursuant to Sec. 2- 11.15 of the Miami -Dade County Code, as amended. f7) 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. 1.5 Compliance with the Public Art Program and this Article shall be by one (1) of the follovving: City of Miami File ID: 1909 (Revision:) Printed On: 13/2017 SUBSTITUTED (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 XVG, of the City Code, prior to issuance of Certificate of Occupancy ("CO"), the Developer may; (1) Donation of Public Art. Donated Art which has been approved by the A *PB as having a documented minimum value of the required percentage the total Project Cost of the Development Project, excluding land acqi ton and off -site improvement costs as identified in Section 11 .4; L2) Placement of Art on site. Art placed on the Development Pr ct site, which shall have a minimum value of the total Project Cost of the •evelopment Project, excluding land acquisition and off -site improve nt costs as identified in Section 11.4; or (3) Prior to Donation of Art or placement of the Art on e Development Project site: (i) The Art must be approved by the AIPPB as conform to the adopted Public Art Master Plan and Public Art Proqr. Guidelines; fii) The Developer must record a covena or maintenance, insurance, and other requirements set forth in Chapter • of the City Code, in a form acceptable to the City Attorney; and Li) The Developer must deposit al ancial security into an escrow account, as applicable, (4) For large scale Developmentrojects being developedin phases pursuant to a Special Area Plan ("SAP" cated within the City, Major Use Special Permit f'MUSP") located withinMidtown Overlay District, or Development Projects consisting of a inimum of forty (40) contiguous acres or more under common owner ip located within the Civic Institutional Health District (CI -HD), Developer ay submit a Public Art Master Plan for the subject site to be approved b\ e AIPPB in accordance with the requirements as provided in Cha' er 62, Article XVI, of the City Code and Article 11 of this Code. The ap' aised value of existing Art approved under the Public Art Master Fla iay be credited towards the requirements of this Article for future De opment Projects on the site, (c) Combination, ny combination from the above, subject to AIPPB approval 11.6 Neighborhood vitalization Districts ("NRD, (a) NRDs th have a Design Review Board or Committee may make recommendations to the AP B for the installation of Art for Development projects located within the NRD boun aries. ecific to the NRD-1 "Wynwood Arts District", as contained within the boundaries of the RD-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 Public Art Program as set forth in Section 3.16 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 City ofMiami File ID: 1909 (Revision:) Printed On: 6/13/2017 SUBSTITUTED "WDRC" ro ose Qublic Art regulations, including but not limited to the applicability of public Art requirements, criteria for review and placement of Art, public art uidelines for private develo ment for properties located within the boundaries of the NRD-1 which may be incorporated into the Public Art Master Plan and shall be known a the "`Wynwood Public Art Regulations" which shall be approved b the C1 Connmissior upon a recommendation of the Director in consultation with the AIPPB as the oolic e regulations for public art within the NRD-1. The WDRC shall serve as the Public A Board when reviewing public art applications for 'private development within the D-1 Until said W nvvood Public Art Regulations located within the boundaries NRD are adopted by the City Commission Public Development Projects shall be subj t to the Public Art Requirements contained herein. Section 3. This Ordinance shall not apply to any Development Pro cts that have a valid and effective Waiver, Warrant, Class 11, Variance, Exception, Certificate Appropriateness, Major Use Special Permit, Development Agreernent, or Special Area P .n permit on the effective date of this Ordinance and that obtain a master building per t wthin twenty-four (24) months of the Effective Date of this Ordinance. If a decision on a iver, Warrant, Class II, Variance, Exception, Certificate of Appropriateness, Major Use ecial Permit, Development Agreement, or Special Area Plan permit has been timely appe. ed on the effective date of this ordinance to the PZA , the City Comrnission, or a court of co ipetentjurisdiction, the twenty four (24) month period to obtain a master building permit so -II begin to run on the date of a final order on the appeal to the highest court of competent jur .diction, or the issuance of the permit, whichever is later. This Ordinance shall not apply to a Development Projects that have been deemed to have a complete application by the Direc of the Department of Planning and Zoning as defined by the application checklist inc 1.ed as an exhibit to this Ordinance, as of the effective date of this Ordinance and that does no emain inactive for a period not to exceed three (3) months, and has not been substantia modified from its initial submittal, unless at the request of or proposal of the Planning and Z. ing Department. Substantial modifications shall mean a material change such as but not ed to, Height, FLR/Lot Coverage, number of floors and or dwelling units, decreases in setb-, s, open space, uses and parking spaces. If substantially modified, the Ordinance s all apply to the entire project. Section 4. If any section, p of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, th emaining provisions of this Ordinance shall not be affected. Section 5. It is the in ntion of the City Commission that the provisions of this Ordinance shall become and be made part of the Miami 21 Code, which provisions may be renumbered or re -lettered and that the ord "ordinance" may be changed to "section", "article'", or other appropriate word to ac imphsh such intention. Section 6 is Ordinance shall become effective immediately upon adoption and signature by the ayor 2 his 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 effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later, City of Miarni File ID: 1909 (Revision:) Printed On: 6/13/20 SUBSTITUTED APPROVED AS TO FORM AND CORRECTNESS: Jaz.ity _ndez ity At:tor ley 6/12/2017 City Miami File 10.: 1909 (Revision:) Printed On: /2017