HomeMy WebLinkAboutLegislation-SUB-Memo From City ManagerCITY (W MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and DATE: June 16, 2017
Members of the City Commission
FROM: Daniel J. Alfon
City Manager
SUBJECT: June 22, 2017 City Commission
Meeting Agenda PZ.20
Art in Public Places Phase 11
REFERENCES: Companion Item FR.2
ENCLOSURES: PZ.20
(Exhibit A & B)
The Department of Planning and Zoning respectfully requests the above referenced items be included in
the June 22, 2017 City Commission meeting agenda.
PZ.20 (ID09O9): Attached for substitution is the modified version of Miami 21 Code to amend 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" This modification
incorporates the following WHEREAS clauses:
The Planning, Zoning and Appeals Board on April 5, 2017 recommended approval of the AIPP Phase
I1 Ordinance with condition pursuant to Resolution No. PZAB-R-17-026 and PZAB-R-17-025 both
attached hereto as Exhibit A entitled "PZAB Resolutions AIPP Phase II".
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; 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
Staff notes, pursuant to Section 62-655(c) entitled "Art in Public Places Board" as adopted on January 12,
2017, the Board shall have the function, duties and powers to recommend as follows:
1. To recommend the Public Art Program Guidelines and amendments to the Public Art
Program Guidelines thereto to the City Commission;
2. To recommend the Public Art Master Plan and amendments to the Public Art Master Plan
thereto to the City Commission;
FR.21 PZ.20
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WHEREAS, the Department of Planning and Zoning respectfully disagrees with the conditions
as recotnmended 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 I; and
The Historic, Environmental Preservation Board on June 6. 2017 passed a motion directing the Chair
to issue a letter of support to the proposed amendments to the Art in Public Places Ordinance Phase 11
attached hereto as Exhibit B entitled "1- IEPB Letter of Support AIPP Phase II".
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 to the amendments of the Art in Public Places Ordinance, and
PZ.20 (ID #1909): Attached for substitution is the modified version of Miami 21 Code to amend 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". This modification
reflects the following:
• In the previous legislation "Public Art Requirements" was under Section 3.16. Subsequently,
3.16 has been allotted to "WORKFORCE HOUSING SPECIAL BENEFIT PROGRAM
SUPPLEMENTAL REGULATIONS" As such the Section was changed to 3.17.
• The City Attorney's office recommended the following text changes for clarification to Section
11.6 (b) Neighborhood Revitalization Districts ("NRD").
"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,"
The previous text did not specify which AIPP requirements applied to the NRD-1 prior to the adoption of
the "Wynwood Public Art Regulations" for the NRD-1.
C: Victoria Mendez, City Attorney
Nzeribe Ihelkwaba, PhD, PE, Chief of Operations and Assistant City Manager
Francisco J. Garcia, Department of Planning and Zoning Director
Anna Medina, Agenda Coordinator
Olga Zamora, Chief of Hearing Boards
FR.21 PZ.20
MIAMI 2
"ARTICLE 1, 2, 3 & 11 OF ART IN PUBLICPLACES"
City of Miami
Legislation
Ordinance
City Hall
3500 Pan Ame can 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 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 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 of Miami File ID: 1909 (Revision: A) Printed On: 6/21/2017
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 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, 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: 6/2112017
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 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:1
"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 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 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 TO ALL ZONES
*
3.17 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 shalt be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami File ID: 1909 (Revision: A) Printed On: 612112017
Program pursuant to Article 11 of this Code and Chapter 62, Article XVI, of the City
Code, as applicable.
ARTICLE 11. ART IN PUBLIC PLACES PROGRAM
11.4 Applicability.
(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,
Residential Development Projects, mixed use projects, or commercial sites shall
provide for the acquisition of works of Art subject to the project valuation schedule
below, or a combination thereof per Section 11.5:
1fi 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 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
percent (.75%) of Construction Cost for artwork provided on site, half a
percent (50%) of Construction Cost if the fee is paid into the Fund.
a Development Projects with Construction Cost over ten million dollars
($10,000,000.01) to fifteen million L$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.
,{ Development Proiects with Construction Cost over fifteen million dollars
($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.
(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 determining 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 Project so that the City
can accurately determine the Construction Cost and properly 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 Program
upon recommendation from the Public Art Division:
City of Miami File 1D: 1909 (Revision: A) Printed On: 6/21/2017
(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.
(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(§,'i.,
(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.
(7) 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
following:
(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 11.4L
(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
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 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 City Attorney; and
(iii) The Developer must deposit all financial security into an escrow account,
as applicable.
City of Miami File ID: 1909 (Revision: A) Printed On: 6/21/2017
(4) For large scale Development Projects being developed in phases pursuant to
a Special Area Plank"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) contiguous acres or more
under common ownership 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 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) 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 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
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.
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 PI,
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
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, FLRILot 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
EXHIBIT A
"PZAB RESOLUTION AIPP PHASE II"
File ID 1787
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-17-025
April 5, 2017 Item PZAB.3
Mr. Chris Collins offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL WITH CONDITION(S) OF AN ORDINANCE OF THE MIAMI
CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1, SECTION
1.5, ENTITLED "DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM"; ARTICLE 3,
SECTION 3.16, 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.
Upon being seconded by Ms. Maria Beatriz Gutierrez the motion passed and was adopted by a
vote of 6-1:
Mr. Anthony Parrish Excused
Mr. Andres Althabe Yes
Mr. Chris Collins Yes
Ms. Maria Lievano-Cruz Excused
Mr. Charles A. Garavaglia No
Mr. Adam Gersten Yes
Ms. Maria Beatriz Gutierrez Yes
Mr. Daniel Milian Excused
Mr. Juvenal Pia Yes
Ms. Melody L. Torrens Excused
Mr. Manuel J. Vadillo Yes
Fr Cisco rcia, Director
Plan and Zoning Department
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Exe(011
tion D to
Personally appeared before me, the undersigned authority, k j ,Ni D2i— Clerk of the Office of
Hearing Boards of the City of Miami, Florida, and acknowledges that `tiie s e executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF (L A/{.
IS,00 ehviQ 1/01,7
Print Notbry Name
Personally known or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
Page 1of2
2017.
N. ary ' br , irof Florida
mission Expires:
JACQUEUNE LORENZO
NOTARY PUBLIC
STATE OF FLORIDA
Cara* FF114776
Expires 4/21/2018
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-17-025
CONDITION(S):
1. The amendments of Article 1, Section 1.5, Entitled "Definitions of Art In Public Places
Program"; Article 3, Section 3.16, Entitled "Public Art Requirements"; And Article 11, Entitled
"Art In Public Places Program", shall become effective once a "Public Arts Master Plan" is
adopted by City Commission.
Page 2 of 2
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-17-026
File ID 1788 April 5, 2017 item PZAB.4
Mr. Chris Collins offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL WITH CONDITION(S) OF AN ORDINANCE OF THE MIAMI
CITY COMMISSION AMENDING CHAPTER 62JARTICLE XVI OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PLANNING AND ZONING / ART IN PUBLIC
PLACES", TO PROVIDE FOR PUBLIC ART REQUIREMENTS FOR PRIVATE
DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
Upon being seconded by Ms. Maria Beatriz Gutierrez the motion passed and was adopted by a
vote of 6-1:
Mr. Anthony Parrish Excused
Mr. Andres Althabe Yes
Mr. Chris Collins Yes
Ms. Maria Lievano-Cruz Excused
Mr. Charles A. Garavaglia No
Mr. Adam Gersten Yes
Ms. Maria Beatriz Gutierrez Yes
Mr. Daniel Milian Excused
Mr. Juvenal Pina Yes
Ms. Melody L. Torrens Excused
Mr. Manuel J. Vadillo Yes
Francis a ia, Director
Planning and Zoning Department
STATE OF FLORIDA j
COUNTY OF MIAMI-DADE )
(0 Execution ate \r7
Personally appeared before me, the undersigned authority, i� Im
o" 1 T { o" Clerk of the office of
Hearing Boards of the City of Miami, Florida, and acknowledges that h he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS t DAY OF 2017.
chi t(0 tAE Lu ol>
Pt Notary Name
Personally known ' or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
Page 1 of 2
of Florida
ommission Expires:
JACQUEL NE LOBO
NOTARY PUBLIC
STATE OF FLORIDA
Carrrof FF114776
Explres 4/2112018
Miami Planning, Zoning and Appeals Board
Resolution: PZAB-R-17-026
CONDITIONS):
1. The amendments of Chapter 62/Article XVI of The Code, entitled "Planning and Zoning / Art
In Public Places", shall become effective once a "Public Arts Master Plan" is adopted by City
Commission.
Page 2 of 2
EXHIBIT B
"HEPB LETTER OF SUPPORT AIPP PHASE II"
IISlIPIHAM
11 11
HISTORIC& ENVIRONMENTAL PRESERVATION BOARD
CITY OF MIAMI
June 15, 2017
Honorable Mayor Thomas Regalado & Members of the City Commission
City of Miami
3500 pan American Drive
Miami, FL 33131
Re: Art in Public Places — Amendment
File No. FZ2, 2099 and PZ.20, 1909
Public Art requirements for Private Development
Honorable Mayor Thomas Regalado and Members of the City Commission:
On June 6, 2017, the Historic and Environmental Preservation Board (HEPB) passed a motion authorizing
the Chair to issue a letter of support to the proposed amendments to the Art in Public Places Ordinance
scheduled before the City Commission on June 22, 2017.
The Historic and Environmental Preservation Board is pleased to endorse said amendments, which will
establish public art requirements for applicable private development projects within the City of Miami.
These requirements will serve to advance the City's progressive Ieadership position in urban design,
preservation and public art, while creating great public and private civic spaces.
Furthermore, the HEPB is delighted to see that a portion of the Public Art fund will be designated for the
restoration of our cultural resources and for public improvements within our designated historic districts.
We cannot emphasize too much how valuable the dedicated funding source in this innovative ordinance
will be to Historic Preservation efforts within the City of Miami.
We urge you to support the proposed amendments to the long -overdue Art in Public Places Ordinance and
we ask that you consider our proposed language to Subsection 3 of the Miami 21 and Subsection 4 of
Chapter 62 of the proposed legislation as listed in page 2 of this letter.
Sincerely,
William E. Hopper, PhD
Chair
444 SOUTHWEST 2 AVENUE, THIRD FLOOR, MIAMI, FL 33130
305.416.1400 - WWW.MIAMIGOV.ccM
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The AIPP Legislation has been in the works since 2015. The development community has had
enough time to properly prepare for the implementation of the Public Art requirements. To allow
for additional time for projects to be exempt would be counterproductive to the intent of the
legislation.
We have the opportunity now to have art integrated into the built environment while creating
dynamic public and private civic spaces and building.
Proposed text modifications:
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 which have not been
substantially modified 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 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
for a period not to exceed three (3) months, and has- not been substantially modified
Zonint,x-Department. Substantial modifications shall mean a material change such as
but not limited to, Height, FLRILot Coverage, number of floors and or dwelling units,
decreases in setbacks, open space, uses, ate -parking spaces and does not increase the
number of average daily trips from the site and or does not alter the location of any
points of ingress, egress. access for vehicular and pedestrian patterns to the site. If
substantially modified, the Ordinance shall apply to the entire project.
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