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HomeMy WebLinkAboutLegislation-SUB-Memo From City Manager - FRCITY or IvMIAM1. FLOR1DA INTER -OFFICE MEMORANDUM TO: Tlie Honorable Mayor and DATE: June 16, 2017 Members of the City Commission FROM: Daniel J. Alfons City Manager SUBJECT: June 22, 2017 City Commissicin. Meeting Agenda -- FR.2 Art in Public Places Phase II REFERENCES: Companion Item PZ.20 ENCLOSURES: FR.2 (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. FR.2 (ID#2099); Attached for substitution is the modified version of Chapter 62 amending Article XVI entitled Art in Public Places Program City Code. This modification incorporates the following WHEREAS clauses: The Planning, Zoning and Appeals Board on April 5, 2017 recommended approvai of the AIPP Phase II 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, Miaini 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 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; PZ 20 �O�I - ql ►ry21144 -01(v1 CA114004474W 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 1; and The Historic, Environmental Preservation Board on .lone 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 "HEPB Letter of Support AIPP Phase 1I". 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 C: Victoria Mendez, City Attorney Nzeribe lhekwaba, 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 Bearing Boards FR.2l PZ.23 CHAPTER 62 "ARTICLE XVI "ART IN PUBLIC PLACES" City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.rniamigov.com File Number: 2099 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE XVI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED {°CITY CODE"), ENTITLED "PLANNING AND ZONING/ART IN PUBLIC PLACES," TO PROVIDE FOR PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENT, AND AMENDING SECTION 2-892 OF THE CITY CODE TO PROVIDE FOR SUNSET REVIEW OF THE BOARD; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the Miami 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. 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. 13657, 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 WHEREAS, the Department of Planning and Zoning respectfully disagrees with the condition as recommended by the Miami Planning, Zoning and Appeals Board and finds that City of Miami File ID: 2099 (Revision: A) Printed On: 6/21/2017 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 for 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 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 Chapter 62/Article XVI of the Code of the City of Miami, Florida, as amended, entitled "Art in Public Places" ("Public Art Program"), to provide for public art requirements for private development and to create a public 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 art in public places and the fee in lieu of public art as authorized in the Public Art Program is an City of Miami File ID: 2099 (Revision: A) Printed On: 6/21/2017 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 COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 2/Article XI of the City Code is further amended in the following particulars:1 "CHAPTER 2 ADMINISTRATION ARTICLE XI. BOARDS, COMMITTEES, COMMISSIONS * DIVISION 2. STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY * Commencing with the year 1995, each city board shall be reviewed in the following manner: * (4) The following boards shall be reviewed in the following years and shall be reviewed every four years thereafter: o. 2016: 1, Stars of Calle Ocho Walk of Fame Celebrity and Community Recognition Advisory Committee p. 2019: 1. Senior Citizen's Advisory Board Q. 2020:. 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 pnr,_hanaed material. City of Miami File ID: 2099 (Revision: A) Printed On: 6121/2017 1. Art in Public Places Board Section 3. Chapter 62/Article XVI of the City Code is further amended in the following particulars:1 "CHAPTER 62 PLANNING AND ZONING ARTICLE XVI. ART IN PUBLIC PLACES Sec. 62-655. Art in Public Places Board. (b) Appointments; Qualifications. (c) 6. -Removal. a. Members and the .,Iternate .,., .-.,ber of the AIPPB may be removed for Gia-6- ie hip not Ie8€ than three (3) affrmntiy€, vote of the Cit„ C There it J hereby et b fished pint m systeBach.� .w-.her i r.I.Jing a ternnte .. r h.r- of the AIPPB whe arrive -after the beginnira43of the first reguiniiy-so edu ed meets of � "IooB h n r i � n re than seven (7) points in one (1) calendar year shall be bro ght to the ttentinn of the City Commission for its consideration of remnv ^+I r.f the rz mbe- c. member Functions, Powers and Duties. The AIPPB, with the assistance and recommendations of the Planning Department, Public Art Division, and all other City departments, as necessary, shall have the functions, duties, and powers as follows:: 1. To recommend the Public Art Program Guidelines and amendments to the Public Art Program Guidelines thereto to the City Commission; To recommend the Public Art Master Plan and amendments to the Public Art Master Plan thereto to the City Commission; 3. To hear appeals of decisions of the Wynwood Design Review Board (WDRB) related to the installation, dedication and donation of art on private development within the NRD-1; City of Miami Fife ID: 2099 (Revision: A) Printed On: 6121/2017 1. Art in Public Places Board Section 3. Chapter 62/Article XVI of the City Code is further amended in the following particulars-' "CHAPTER 62 PLANNING AND ZONING ARTICLE XVI. ART IN PUBLIC PLACES Sec. 62-655. Art in Public Places Board. (b) Appointments; Qualifications, 6. Removal. a. Ouse by not le.fc than three (3) '"off Finaliye 1 kites of t'4e Cft Commissar b. agar s item or leaves. b tore t _ term_ _tie of the last agenda item, at a c. sonsiderrstion of reemova of the membe attention. of the Cif„ rommi ;sion for consideration of removal of the member. (c) Functions, Powers and Duties. The AIPPB, with the assistance and recommendations of the Planning Department, Public Art Division, and all other City departments, as necessary, shall have the functions, duties, and powers 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; To hear appeals of decisions of the Wynwood Design Review Board (WDRB) related to the installation, dedication and donation of art on private development within the NRD-1; City of Miami File 1D: 2099 (Revision: A) Printed On: 6/21/2017 4. To approve expenditures of the Public Art Fund as proposed by the City Manager or his/her designee; 5. To approve, approve with conditions, or deny proposed installations, dedications, or donations of Art, based on the Public Art Program Guidelines and the Public Art Master Plan; and 6. To act on any other Art in Public Places related matter as assigned by the City Commission. Notwithstanding City Code Section 18-115, the AIPPB shall have the authority to accept donations of art in excess of $25,000.00 in accordance with this Article. (d) Proceedings of the Art in Public Places Board ["`AIPPB"). 5. Removal and Disqualification of members or alternate members. The AIPPB members shall comply with Florida Statutes Chapter 112, the Miami -Dade County Code of Ethics, and the City Code. 9. Sunset Review. The Committee will be initially reviewed in the year 2020 and thereafter be reviewed every four (41 years in accordance with Section 2-892 entitled "Sunset Review of Boards" of the City Code. * Sec. 62-659. Application procedures and approval for placement of Art on private property in lieu of a Public Art Fee; Application procedures and approval for donations of Art in lieu of a fee. All applications except as identified in Section 11.6 of the Miami 21 Code, shall be reviewed for compliance with the criteria set forth in Section 62-658(b) and in accordance with the following requirements: Laj A complete application for placement of Art on private property in lieu of a Public Art Fee shall include: a. Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed Art b. An appraisal or other evidence of the value of the proposed Art including acquisition and installation costs. To establish the value of Art submitted to comply with this program's requirements, the City may contract with an independent Art appraiser to provide a written appraisal of the Art. Such appraisal shall either be funded by the Public Art Fund or by the Developer, in which case the cost of obtaining the appraisal shall be construed as part of the overall value of the Art; c. Preliminary plans containing such detailed information as may be required y the City to adequately evaluate the location of the Art and its compatibility with the proposed Development Protect and/or with the character of adjacent developed parcels and the existing neighborhood; City of Miami File ID: 2099 (Revision: A) Printed On: 6121/2017 d. An executed and notarized agreement by the artist who created the Art, in which he/she expressly waives all rights and claims that may be waived under applicable state and federal laws. The artist shall grant to the City an unlimited, perpetual, royalty -free, irrevocable and unconditional license to reproduce and distribute two-dimensional reproductions of the Art for City - related purposes, and grant to the City exclusive, irrevocable ownership rights to any trademark, service mark, or trade dress rights regarding the Art,. pursuant to a license that shall be approved by the City Attorney. Approval of the Art shall be deemed as permission granted by the artist authorizing third parties to review and reproduce documents provided by the artist to the City which are public records pursuant to Florida Statutes. The City shall also have the option of referring to the name of the artist and title of the Art in reproductions; and e. A covenant running with the land, in a form acceptable to the City Manager or the Director of Planning shall be recorded including the following: a. Designating a specific location on the property where the Art will be displayed which is easily accessible or clearly visible to the general Public from adjacent Public property including, but not limited to, a street, right-of-way, sidewalk, or other Public Thoroughfare; b. Requiring the perpetual maintenance and insurance of the Art in substantial conformity and compliance with the Public Art Master Plan and the Public Art Program Guidelines by the Developer or his/her successor or assignee; and c. Indemnifying the City for any iniury to persons or property caused by the placement and/or maintenance of the Art. an Review of Applications submitted for Art on private property in lieu of a Public Art Fee. 1. Completed applications will be accepted with the required application fee, as stated in the Public Art Master Plan. Applications and the appropriate fees shall be submitted to the Public Art Division, which shall review applications and make a recommendation to the AIPPB of the proposed Art. Said recommendation shall take into consideration the Art's conformity to the definition of "Art" as defined in Article 1 of the Miami 21 Code, all criteria of the adopted Public Art Master Plan, and the Public Art Program Guidelines. 2. If the application is approved by the AIPPB at a duly noticed public hearing in accordance with the adopted Public Art Master Plan and the Public Art Program Guidelines, the developer, or his/her successor or assignee, shall install the Art prior to the issuance of a Certificate of Occupancy. At the cost of the developer, or his/her successor or assignee, he/she may apply for an extension of time and make such request at a public hearing in front of the AIPPB. The AIPPB may grant a one (1) time, four (4) month to eight (8) month extension with a showing of good cause by the developer or his/her successor or assignee. The AIPPB has the sole discretion to determine what constitutes a showing of good cause. If no installation of Art occurs within the required time period, all financial security deposited into the developer's escrow account, shall be transferred to the Public Art Fund. City of Miami File ID: 2099 (Revision: 4) Printed On: 612112017 If, after review of the application for the proposed Art in lieu of a Public Art Fee, the application is denied by the AIPPB, the Developer may appeal, within fifteen (15) days of the denial with the Office of Hearing Boards, the appropriate appeal fee provided for by the City Code, to the City Commission pursuant to Chapter 62-23(a) of the City Code. (c) A complete application for donation of Art in lieu of a Public Art Fee with the required application fee, as stated in Chapter 62 of the City Code shall include: 1. Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed Art; 2. An appraisal or other evidence of the value of the proposed Art, including acquisition and installation costs. To establish the value of Art submitted to comply with this program's requirements, the City may contract with an independent Art appraiser to provide a written appraisal of the Art Such appraisal shall either be funded from the Public Art Fund or by the Developer, in which case the cost of obtaining the appraisal shall be construed as part of the overall value of the Art; and 3. An executed and notarized agreement by the artist who created the Art, in which he/she expressly waives all rights and claims to the Art under applicable State and Federals laws. The City shall have all rights to reproduce and distribute two-dimensional reproductions of, and shall have al! rights to any trademark, service mark, or trade dress rights regarding the Art. Approval of the Art shall be deemed as permission granted by the artist authorizing third parties to review and reproduce documents provided by the artist to the City which are public records pursuant to Florida Statutes. The City shall also have the option of referring to the name of the artist and title of the Art in reproductions. (d) Review of Applications submitted for donation of Art in lieu of a Public Art Fee. 1. Completed applications with the required application fee, as stated in Chapter 62 of the City Code, shalt be submitted to the Public Art Division, who shall review them and make a recommendation to the AIPPB based on the following considerations: a. The Arts conformity to the definition of "Art" as defined in Article 1 of the Miami 21 Code; b. All criteria of this Article; c. The adopted Public Art Master Plan; and d. The Public Art Program Guidelines. 2. If the application is approved by the AIPPB at a duly noticed public hearing in accordance with the adopted Public Art Master Plan and the Public Art Program Guidelines, the developer, or his/her successor or assignee. shall install the Art prior to the issuance of a Certificate of Occupancy. At the cost of the developer, or his/her successor or assignee, he/she may apply for an extension of time and make such request at a public hearing in front of the AIPPB. The AIPPB may grant a one (1) time, four (4) month to eight (8) month extension with a showing of good cause by the developer or his/her successor or assignee. The AIPPB has the sole discretion to determine what constitutes a showing of good cause, If no installation of Art occurs within the required time period, all financial security deposited into the developer's escrow account, shall be transferred to the Public Art Fund. City of Miami File ID: 2099 (Revision: A) Printed On: 612112017 if, after review of the application for donation of Art in lieu of a Public Art Fee, the application is denied by the AIPPB, the Developer may appeal, with the appropriate appeal fee, to the City Commission pursuant to Chapter 62-23(a) of the City Code. Sec. 62-660. Art placed on private property and Donations of Art in lieu of a Public Art Fee. Except as referenced in Section 11.6 and other relevant Sections in Article 11 of the Miami 21 Code, any Art that is placed on private property in lieu of a Public Art Fee must Qualify as Art as defined under Article 1/Section 1.5 of the Miami 21 Code, and must be reviewed by the Public Art Division, and approved by the AIPPB in accordance with the Public Art Master Plan and the Public Art Program Guidelines. Art that is placed on private property shall be maintained at all times in substantial conformity and compliance with the Public Art Master Plan and the Public Art Program Guidelines by the Developer or his/her successor or assignee, and the terms of the approval and acceptance of such Art lies with the AIPPB. Art placed on private property shall be easily accessible or clearly visible to the general public from adjacent publicproperty including but not limited to a public right-of-way and/or abutting public property or other Public Thoroughfare, or cross Block pedestrian or vehicular passage or pedestrian Paseo. Sec. 62-662. Ownership and maintenance of artwork placed on site. Lai Ownership of all Art acquired by the City pursuant to the requirements of this Article shall be vested in the City, which shall retain title to each work of Art. fill Ownership of all Art donated to the City pursuant to the requirements of this Article shall be donated and titled to the City upon approval of the AIPPB. Lgl Ownership of all Art incorporated into private Development Projects shall be vested in the property owner who shall retain title to the Art. Property owners retaining title to the subject Art shall provide proof of insurance in the amount of the appraised value of the Art. The property owner shall execute a covenant running with the land, which shall be recorded as provided herein, requiring the property owner and all successors in interest to maintain the Art under the provisions of the Public Art Master Plan and the Public Art Program Guidelines, insure the Art, and prevent its removal from the property or its destruction. [it Art that was placed on the site of a Development Project with the approval of the AIPPB in lieu of a Public Art Fee, shall not be altered, modified, relocated, removed, or destroyed without the prior approval of the AIPPB. Lei The responsibility and obligation to provide all maintenance necessary to preserve and maintain the Art on privately owned property so that its Life Cycle is at least twenty-five (25) years shall remain with the Development Project site owner or the owner's successors or assignees. The responsibility and obligation to maintain the artwork shall be enforced as follows: ILai Prior to the placement of the artwork on a Development Project, the site owner shall record a covenant running with the land, in a form acceptable to the City Manager or Director of Planning, describing the Art in full detail along with acknowledging the responsibility and obligation of the Development Project site owner and his/her future successor and/or assignee to repair, restore, insure, and maintain the Art. The covenant shall run with the land for a minimum of twenty-five (25) years, and shall act as notice to future property owners of the site of the responsibility and obligation to repair, restore, insure, and maintain the Art and of certain limitations related to any City of Miami File r0: 2099 (Revision: A) Printed On: 6/21/2017 federal, state or local laws governing the rights of the artist including, but not limited to, rights regarding the sale, alteration, modification destruction, removal, and/or relocation of the Art. The covenant shall be approved by the Director of Planning, or his/her designee, in a form acceptable to the City Attorney. The Art shall not be altered, modified. relocated, removed, sold, or destroyed without the prior approval of the AIPPB. Lel Maintenance of the Art shall include, but is not limited to, preserving the Art in a condition as required by the Public Art Division; protecting, securing, insuring, and maintaining the Art against physical defacement, vandalism, mutilation, alteration, natural elements such as fire and wind, and theft; and maintaining an extended insurance policy in the amount of the appraised value of the Art as determined by the City and the Public Art Division in consultation with an independent appraiser. Maintenance requirements shall be enforceable by the City for the "Life Cycle" of the Art pursuant to the covenant running with the land required by this Article. If, at any time, the City's Public Art Division and/or the AIPPB determines that the Art has not been maintained or preserved in a state and appearance substantially conforming to the state and appearance in which the Art was originally approved by the AIPPB, the Code Compliance Department of the City shall issue a notice of violation requiring the current property owner to either: Repair, restore, or rehabilitate the Art within thirty (30) days; ,[bl Pay the costs estimated by the City required to repair, restore. or rehabilitate the Art and/or secure and maintain insurance for the Art in an amount determined by the Public Art Division in consultation with an independent Art appraiser: or Pay the Public Art Fee required under this Article and the Miami 21 Code, based upon the current fee schedule and the current fair market value of the building, structure or improvement for which the artwork was required, as determined by the Miami -Dade County Property Appraiser. within thirty (30) days. Lej Violations of this Article or Article 11 of the Miami 21 Code shall be subject to enforcement as set forth in Chapter 2/Article X of the City Code, entitled "Code Enforcement" and any other remedies available at law. Mf Nothing in this Article shall prohibit the City from taking any and all actions to require compliance with this Ordinance, maintain the Art, and protect the public health, safety, and welfare of the public. ff Stolen or illegally removed Art, or Art that is deemed destroyed by the Public Art Division in consultation with an independent Art appraiser, must be either: 1. Replaced by the property owner within one hundred twenty (120) days. Replaced Art shall be reviewed and approved by the AIPPB subject to the criteria set forth in this Article: or 2. The Public Art Fee required under this Article and the Miami 21 Code, based upon the current fee schedule and the current fair market value of the building, structure or improvement for which the Art was required, as determined by an appraiser, must be paid within thirty (30) days. *s> City of Miami File ID: 2099 (Revision: A) Printed On: 6/21/2017 Section 4. 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 11, 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 Planning 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 Department of Planning. Substantial modifications shall mean a material change such as but not limited to, Height, FLRJLot 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 5. All rights, actions, proceedings of the City, including the City Commissioners, the City Manager, or any of its departments, boards, or officers undertaken pursuant to the existing Code provisions, shall be enforced, continued, or completed, in all respects, as though begun or executed hereunder. Section 5. 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 6. This Ordinance shall become effective immediately after final reading and adoption thereof.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 became 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: 2099 (Revision: A) Printed On: 6/21/2017 EXHIBIT A "PZAB RESOLUTION AIPP PHASE II" Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-17-025 File ID 1787 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 Piria Yes Ms. Melody L. Torrens Excused Mr. Manuel J. Vadillo Yes Fr Cisco rola, Director Plan and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE } (Ol n Exe utron Date Personally appeared before me, the undersigned authority, f \ t £t4 D�A-- Clerk of the Office of Hearing Boards of the City of Miami, Florida, and acknowledges that's s e executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS t}C� i Print Notry Name DAY OF a OS Personally known J ' 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 2017. of Florida mission Expires: JACQUEUNE LORENZO NOTARY PUBLIC STATE OF FLORIDA Commit FF114776 Expires 4r2112018 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 62/ARTICLE 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 Pia Yes Ms. Melody L. Torrens Excused Mr. Manuel J. Vadiilo Yes Francis. • - - la, Director Planning and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE ) YJ Execution Personally appeared before me, the undersigned authority, RCislAO/ . 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 �l DAY OF Jvk.q, 2017. { Y,kC.0 rfeAI at - LOr ii7 `1> Prrnt 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 atary P lic5tateof Florida ornmission Expires: JACQUELINE LORENZO NOTARY PUBLIC STATE OF FLORIDA Com# FF114776 Expires 4/21/2018 Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-17-026 CONDITION(S): 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" 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. FZ.2, 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 leadership 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, MIAM1, FL 33130 305.416.1400 - WWW,MIAMIGOV.COM Pagelof2 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. TI:ris--GfeliFkaRee-shall-not-appte-any-Development-Pr-eieets-th-at-have-been } .from its_:.n itsa „t..,-.ittal .,fens at the est o f ..pr-apesal of the Plann ng 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, end -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. Page 2 of 2