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Miami, FL 33133
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File Number: 1909 Final Action Date: 11/19/2020
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("MIAMI 21 CODE"), 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, 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, 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, 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 PZAB, at its meeting on April 5, 2017, following an advertised public
hearing, adopted Resolution No. PZAB-R-17-026 related to Chapter 62 of the Code of the City
of Miami ("City Code") and PZAB-R-17-025 related to 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
Code and to the Miami 21 Code to establish an art in public places program for private
development, which are attached and incorporated as Exhibit "A"; and
WHEREAS, the PZAB's condition was that the Art in Public Places Ordinance shall not
take effect until the adoption of the Public Art Master 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
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by the City Commission; 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 with regard to its applicability to private development, which such letter is attached
and incorporated as Exhibit "B"; and
WHEREAS, the Art in Public Places Board ("AIPPB") held several townhall meetings
inviting the development community and artistic community to provide additional feedback; and
WHERAS, after several meetings, the AIPPB moved to simplify the Art in Public Places
legislation and include development incentives and affordable housing incentives for local
artists; and
WHEREAS, the AIPPB, at its meeting on September 17, 2018, following an advertised
public hearing, , adopted Resolution No. AIPP-R-18-003 and Resolution No. AIPP-R-18-002 by
a vote of eight to zero (8-0), recommending approval with one condition to amend Chapter 62 of
the City Code and the Miami 21 Code to establish a public art program for private development,
which are attached and incorporated as Exhibit "C"; and
WHEREAS, the Urban Development Review Board ("UDRB"), pursuant to City Code
Section 62-258, at its meeting on December 19, 2018, following an advertised public hearing,
passed a resolution by a vote of six to zero (6-0) to support with conditions the amendments of
the Art in Public Places Ordinance with regard to its applicability to private development; and
WHEREAS, an encompassing 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,
titled "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
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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
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 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
1 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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meeting.
Development Project: Any Development, as defined in this Article, including remodeling,
construction, or redevelopment, which requires a Building permit or permits as described on the
precise plan submitted for approval to the City.
Public Art Fee or Public Art Amount: See Sections 11.4(b-} and 11.64)7.
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.
Government Development Projects and Development Projects shall comply with all
applicable provisions of the Art in Public Places 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 Development Projects, or commercial
Development Projects shall provide for the acquisition of works of Art subject to the
project valuation schedule below, or a combination thereof per Section 11.5 of this
Code:
1. Development Projects with Construction Cost of three million dollars
($3,000,000.00) to five million dollars ($5,000,000.00) shall provide for the
acquisition of works of Art in value of a minimum of half a percent (.50%) of
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Construction Cost for artwork provided on site, or a half a percent (.50%) of
Construction Cost if the fee is paid into the Fund, or a combination thereof
per Section 11.5 of this Code.
2. Development Projects with Construction Cost of over five million dollars
($5,000,000.01) to ten million dollars ($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 three
quarters of a percent (.75%) of Construction Cost if the fee is paid into the
Fund, or a combination thereof per Section 11.5 of this Code.
3. Development Projects with Construction Cost of over ten million dollars
($10,000,000.01) to fifteen million dollars ($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 one percent (1 %) of
Construction Cost if the fee is paid into the Fund, or a combination thereof
per Section 11.5 of this Code.
4. 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 one and a quarter percent (1.25%) of
Construction Cost if the fee is paid into the Fund, or a combination thereof
per Section 11.5 of this Code.
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 fifty percent (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 Developments or Workforce Housing Developments not
otherwise required to provide Public Art by Miami -Dade County, pursuant to
Sec. 2-11.15, titled "Works of Art in Public Places," of the Miami -Dade County
Code, as amended, and Miami -Dade County Procedures No. 358, as
amended, titled "Art in Public Places (AIPP) Procedures".
B7.The Building Department will calculate the pertinent Public Art FccAmount in
accordance with this Article as typically calculated on the building permit for
the Construction Cost of the Development Project. When disputes arise in
determining the Public Art FccAmount, 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 Government Development
Project so that the City can accurately determine the Construction Cost and
properly calculate the Public Art FeeAmount 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:
1. The reconstruction of Structures which have been damaged by fire, flood,
wind, or other act of God.
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2. 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.
3. The repair or rehabilitation of a Structure for the installation of fire sprinklers
or improvements pursuant to the American with Disabilities Act.
4. Government Development Projects funded by grant(s) that prohibit the use of
grant funds for purposes not specified under the grant(s).
5. Affordable Housing Developments not otherwise required to provide Public
Art pursuant to Section 2-11.15 of the Miami -Dade County Code, as
amended.
6. Religious Facilities or Development Projects by qualified 501(c)(3)
organizations except as otherwise provided in Section 2-11.15 and
Procedures No. 358 titled "Art in Public Places (AIPP) Procedures" 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, as amended.
11.5 RESERVEDCompliance 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, as amended,
payment of the Public Art amount 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, as amended, 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 Construction Cost for private Development Projects, or total Project Cost
for Government Development Projects;
2. Placement of Art on site. Art placed on the Development Project site, which
shall have a minimum value of the specified required percentage of the total
Construction Cost for private Development Projects, or total Project Cost for
Government Development Projects; or
3. Prior to Donation of Art or placement of the Art on the Development Project
site, the Art must be approved by the AIPPB pursuant to Chapter 62, Article
XVI, Section 62-659 of the City Code.
4. For large scale Development Projects being developed in phases pursuant to
a Special Area Plan ("SAP") located within the City, a Major Use Special
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Permit ("MUSP") located within the Midtown Overlay District, or a
Development Project consisting of a minimum of forty (40) acres or more
under common 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 requirements as provided
in Chapter 62, Article XVI, of the City Code and Article 11 of this Code, both
as amended. 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.
11.6 RESERVED.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
Program as set forth in Section 3.17 and in this Article 11 of the Miami 21 Code, and in
Chapter 62, Article XVI of the City Code, as applicable and as amended, except as may
be explicitly incorporated, or incorporated by reference, within subsequently adopted
regulations after approval by the 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 require approval 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 Projects subject to
Public Art requirements.
11.8. Economic Incentives:
Government and private sector Development Projects found to be in compliance with Art in
Public Places requirements in accordance with Article 11 of this Code may request the following
economic incentives upon submitting an application to the Public Art Division for administrative
review and approval:
a. Floor Lot Ratio ("FLR") Incentive: The Development Project may obtain an additional
FLR bonus equal to the Public Art Amount for the Development Project site when
providing onsite affordable studio, community gallery or office space pursuant to the
Public Art Master Plan. The affordable space provided shall not exceed the applicable
Public Art Amount percentage required as outlined in Section 11.4 of this Article. Said
space shall not count towards maximum FLR and shall not have a parking requirement.
Prior to any entitlements, the Developer must record a covenant running with the land in
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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.
1. The FLR incentive shall be calculated as follows: Public Art Amount/Project Cost
per square footage for Government Development Projects = additional square
footage (FLR); or Public Art Amount/Construction Cost per square footage for
private Development Projects = additional square footage (FLR).
2. The total Project Cost for Government Development Projects, or the total
Construction Cost for private Development Projects, divided by the total
Development Project square footage equals the Project Cost, or Construction Cost,
per square foot.
Example: if the Project Cost or Construction Cost, as applicable, is $40,000,000.00
and the total Development Project square footage is 400,000 then the Public Art
Amount would be $600,000 and the Project Cost per square foot would be $100.00.
As such, the FLR would be calculated as $600,000.00/$100.00 = 6,000 square feet
(FLR).
b. Density Incentive: The Development Project may obtain an additional density bonus
equal the Public Art Amount, for the project site when providing Affordable Housing units
on site for local Artist(s) at or below sixty percent (60%) AM I. 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 of this Code. Said units shall not count towards
maximum Density or FLR and shall not have a parking requirement. 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. Prior to any entitlements, the Developer/Owner
must record a covenant running with the land for the Affordable Housing units for
Artist(s) in a form acceptable to the City Attorney. This Density incentive is subject to
any applicable regulations of the MCNP.
1. The Density incentive shall be calculated as follows: Additional square feet (FLR) as
calculated in Section (a)(1) above/Development Project average unit size = Density
bonus.
2. Example: if the Development Project average unit size is 600 square feet and the
additional square footage (FLR) as calculated above is 6,000 square feet, the
additional Density would be calculated as 6,000/600 = 10 units.
*11
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 date of
adoption by City Commission at Second Reading of this Ordinance and that obtain a master
building permit within twenty-four (24) months of said date of adoption by City Commission at
Second Reading of this Ordinance. If a decision on a Waiver, Warrant, Class II, Variance,
Exception, Certificate of Appropriateness, Major Use Special Permit, Development Agreement,
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or Special Area Plan permit has been timely appealed as of the date of adoption by City
Commission at Second Reading of this Ordinance to the PZAB, the HEPB, 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 Planning as defined by the application checklist included as
Exhibit "D" to this Ordinance, as of the date of adoption by City Commission at Second Reading
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 Department of Planning. 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 after adoption of the
Public Art Master Plan.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor
nd" ez, City ttor
ey
7/14/2017
}ndez, City Httor
6/20/2017 ndez,
6/12/2017
11/6/2017
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.
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