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HomeMy WebLinkAboutLegislation-SUB-Revision A - FRTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Legislation Ordinance File Number: 2099 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigovicom Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62/ART1CLE XVI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PLANNING AND ZON1NG/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: 6121/2017 2099-Legislation-SUB Revision A THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 duration 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 essentialo 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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/Articie 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 g, 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 linchanded material. City of Miami File ID: 2099 (Revision: A) Printed On: 6/21/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Art in Public Places 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 lN PUBLIC PLACES Sec, 62-655. Art in Public Places Board. * (b) Appointments; Qualifications, a. b. c, (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; 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 File ID: 2099 (Revision: A) Printed On: 6/21/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Art in Public Plaices 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. * a. c. * (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 (VVDRB1 related to the installation, dedication and donation of art on private development within the NRD-1' City of Miami File ID: 2099 (Revision: A) Printed On: 612112017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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. 7, 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 (4) 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: fl), 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 by the City to adequately evaluate the location of the Art and its compatibility with the proposed Development Project and/or with the character of adjacent developed parcels and the existing neighborhood; City of Mums File ID: 2099 (Revision: A) Printed On: 6/2 017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 Manaqer 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 adiacent 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 injury to persons or property caused by the placement and/or maintenance of the Art. lf_c Review of Applications submitted for Art on private property in lieu of a Public A 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 AC int File ID: 2099 (Revision: A) Printed On: 6/21 017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 proprams reciuirements, the Citv 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 shalt 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 all 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 reguired application fee, as stated in Chapter 62 of the City Code, shall 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 Art's 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. 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 rublic hearing in front of the AIPPB. The AIPPB may grant a one (1) time, four (4) month to eight al 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 ofMiami File ID: 2099 (Revision: A) Printed On: 6/2112017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 CityCode, 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 piaced 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 paced on private property shall be easily accessible or clearly visible to the general public from adjacent public property 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. Lql 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. LP l 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. Lc), Ownership of all Art incorporated into private Development Projects shall be vested in the property owner who shall retain title to the ArtProperty 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. 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. Lej 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: fl_al 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) yyears 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 ID: 2099 (Revision: A) Printed On: 6/21/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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. (c) 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: La_l Repair, restore, or rehabilitate the Art within thirty (30) days, 021 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 Lqi 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. Lei Violations of this Article or Article 11 of the Miami 21 Code shall be subect to enforcement as set forth in Chapter 2/Article X of the City Code, entitled "Code Enforcement" and any other remedies available at law. in 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. fn 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 re uired 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 immymemment for which the Art was required, as determined by an appraiser, must be paid within thirty (30) days. City of Miami File ID: 2099 (Revision: A) Printed On: 6/21/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 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 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, 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 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 become effective immediately upon override of the veto by the City Commission or upon the effective date stated berein, whichever is later. City of Miami File ID: 2099 (Revision: A) Printed On: 6/21/2017 SUBSTITUTED City of Miami Legislation Ordinance File Number: 2099 City Hail 3500 Pan American Driv Miami, FL 33133 www.miamigov,co Final Ac AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE XVI OF THE CODE OF THE CITY OF MIAM FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PLANNING AND ZONIN PUBLIC, PLACES,'" TO PROVIDE FOR PUBLIC ART REQUIREMENTS FOR DEVELOPMENT, AND AMENDING SECTION 2-892 OF THE CITY CODE T FOR SUNSET REVIEW OF THE BOARD; CONTAINING A SEVERABILIT PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE /ART IN IVATE PROVIDE LAUSE AND Date: WHEREAS, the Miami Planning, Zoning and Appeals Board (R "), at its meeting on March 16, 2016, following an advertised public hearing, adopted Re lution No. PZAB-R-16- 018 by a vote of eight to zero (8-0), Item No. 6, recommending ap' oval of the amendments to the Miami 21 Code, the Zoning Ordinance of the City of rvliarni, orida, as amended ("Miami 21 Code"), to establish a public art program; and WHEREAS, various local governments throughou have implemented public art programs committing to th environments; and e State of Florida and the country acement of public art in urban WHEREAS, the City of Miami ("City") had e vision and foresight to adopt the first public art program in Miami -Dade County in 196 , but due to changes in Administration the program went dormant; and WHEREAS, on January 12, 2017 Commission reestablished the public a staff to provide for public art requiren aesthetic diversity and character of community; and suant to Ordinance No. 13657, the City rogram for public development projects and directed ts for private development that would contribute to the built environment, and the cultural enrichment of the WHEREAS, a public ar ogram would create a stimulating and diverse cultural environment that reflects, de es, and enhances the City's heritage, values, and visions for the future through art integrate in the architecture, infrastructure, and landscape; and WHEREAS, th i y recognizes that the aesthetic diversity provided by art within the City's built environ is vital to the quality of the life for its residents and to the economic success of its busi -sses as it attracts visitors and potential residents, fuels the local economy by creating job o' ortunities, and assists the City in fulfilling its mission to make the City a premier world ss place to live, work, and raise a family; and REAS, in Metromedia, Inc. v. San Diego, 453 U.S. 490 (1980), the United States Suprem- ourt held that land development regulations which require development to meet aesthe 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 preme Court held that an art fee on private development is a legitimate aesthetic regulation which does not require the same lever of legal scrutiny as an impact fee; and City of Miami File ID: 2099 (Revision: Printed On; 6/13/2017 SUBSTITUTED WHEREAS, the City Commission desires to amend Chapter 62/Article XVI of the Miami 21 Code, 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 a implementation of art programming: and WHEREAS, the requirements found in this Ordinance are design standards b ed on the aesthetic needs of the City and its communities and are not intended to be con ued as either an impact fee or a tax; and WHEREAS, public and private development projects shall contribute a public art program to enhance and maintain the City's aesthetic diversity and charac , and WHEREAS, the Public Art Program, as set forth in this Ordinan does not conflict with the laws and policies governing any development agreements authored by Sections 1633220 - 163 3243, Florida Statutes, as amended, and does not prevent de elopment of the land uses, intensities, or densities for projects subject to development agree' ents; and WHEREAS, the Public Art Program, as set forth in thi dinance, is essential to the public health, safety, and welfare of the residents of the Cit and WHEREAS, it is the intent of the City Comrnissi and the Public Art Program to place art in public places and the fee in lieu of public art as thorized in the Public Art Program is an alternative that developers may avail themselves of ut is not the primary goal of the Public Art Program, and WHEREAS, the City Commission her- y finds and dleclares that the adoption of this Ordinance is consistent with the Miami Co irehensive Neighborhood Plan, and that it is necessary, appropriate, and advances th .ublic interest; NOW, THEREFORE, BE IT AINED BY THE CON, IISSION OF THE CITY OF MIAMI, FLORIDA: Section I. The recitals d findings contained in the Preamble to this Ordinance are adopted by reference and inc poratedl as if fully set forth in this Section Section 2. Chapt 2/Article XI of the City Code is further amended in the following particulars: "CHAPTER 2 ADMINISTRATION * ARTICLE XI: BOARDS, COMMITTEES, COMMISSIONS 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 City of Miami File ID: 2099 (Revision: ) Printed On. 6/13/2017 SUBSTITUTED 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 hall be reviewed every four years thereafter: * o. 2016: 1. Stars of Calle Ocho Walk of Fame Cele ity and Community Recognition Advisory Committee p. 2019: 1. Senior Citizen's Advisory Bo q. 2020: 1. Art in Public Places Section 3, Chapter 62/Article XVI of e City Code is further amended in the following particulars:/ Sec. 2- 5. Art in P (b) Appoin "CHAPTER 62 PLANNING AND ZONING ARTICLE XVI. ART IN PUBLIC PLACES lic Places Board. ents; Qualifications, a,- Members and thc alter-nate- -may-be-r-ernoved-for cause -by -not -less than throo- fflrna4a votes of the City Commission. he beginning of the first City of Miami File ID: 2099 (Revision: ) Printed On: 6/13/2017 SUBSTITUTED fnt--Ahic 1-ember of the AIPP -sha ember, c N ect4ow62 655(b)(6)( Member (c) Functions, Powers and Duties, The AIPPB, with the assistance and reco endations of the Planning Department, Public Art Division, and all other City depart ts, as necessary, shall have the functions, duties, and powers as follows' 1. To recommend the Public Art Program Guidelines and an dments to the Public Art Program Guidelines thereto to the City Commission; 2 To recommend the 1m ublic Art Master Plan and amen ents to the Public Art Master Plan thereto to the City Commission; To hear appeals of decisions of the Wynwood esiqn Review Board (WDRB) related to the installation, dedication and donatio of art on private development within the NRD-1; 4. To approve expenditures of the Public rt Fund as proposed by the City Manager or his/her designee, 5, To approve, approve with conditi s, or deny proposed instaliations, dedications, or donations of Art, based on the P bile Art Program Guidelines and the Public Art Master Plan; and 6. To act on any other Art ii ublic Places related matter as assigned by the City Commission. 7, Notwithstanding C- y Code Section 18-115, the AIPPB shall have the authority to accept donations of in excess of $25,000.00 in accordance with this Article. (d) Proceedings of the in Public Places Board ("AIPPB"). 1. Remove -nd Disqualification of members or alternate members. The AIPPB members sha ' comply with Florida Statutes Chapter 112, the Miami -Dade County Code of Ethics, a the City Code. 2. nset Review. The Committee will be initially reviewed in the vear 2020 and there er be reviewed every four (4) years in accordance with Section 2-892 entitled Su et Review of Boards" of the City Code. Sec. 6 .59. Application procedures and approval for placement of Art on private property in lieu o a Public Art Fee; Application procedures and approval for donations of Art in lieu of a fee. applications except as identified in Section 11.6 of the Miami 21 Code, shall be reviewed for o pliance with the criteria set forth in Section 62-658(b) and in accordance with the follovvinq requirements. City of Miami File ID: 2099 Revision:)(Print n. 2017 SUBSTITUTED City of (a) A complete application for placement of Art on private property in lieu of a Public Art Fee shall include; lam; 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 includin acquisition and installation costs. To establish the value of Art submitt d to comply with this programs requirements, the City may contract with n independent Art appraiser to provide a written appraisal of the Art uch appraisal shall either be funded by the Public Art Fund or by the leveloper, in which case the cost of obtaining the appraisal shall be constr d as part of the overall value of the Art: 3 Preliminary plans containing such detailed information a may be required by the City to adequately evaluate the location of the Art d its compatibility with the proposed Development Project and/or with e character of adiacent developed parcels and the existing neighborhood' 4. An executed and notarized agreement by the which he/she expressly waives all rights an under applicable state and federal laws. T unlimited, perpetual, royalty -free„ irrevoc reproduce and distribute two-dimensio related purposes, and grant to the la rights to any trademark, service m pursuant to a license that shall b the Art shall be deemed as per parties to review and reprod which are public records p have the option of referri reproductions; and t who created the Art, in 'aims that may be waived artist shall grant to the City an e and unconditional license to reproductions of the Art for City exclusive, irrevocable ownership or trade dress rights regarding the Art, approved by the City Attorney. Approval of ission granted by the artist authorizing third e documents provided by the artist to the City suant to Honda Statutes. The City shall also o the name of the artist and title of the Art in 5. A covenant runnin with the land, in a form acceptable to the City Manager or the Director of PI nninq shall be recorded including the following: a. Desi ating a specific location on the property where the Art will be di th .yed which is easily accessible or clearly visible to the general P ic from adjacent Public property including, but not limited to, a reet, right-of-way, sidewalk, or other Public Thoroughfare, 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 injury to persons or property caused by the placement and/or maintenance of the Art. Review of Applications sub itted 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 File ID: 2099 (Revision:) Printed On: 6/13/2017 SUBSTITUTED 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 A1PPB at a duly noticed public hearin in accordance with the adopted Public Art Master Plan and the Public Art Program Guidelines, the developer, or his/her successor or assignee, al install the Art prior to the issuance of a Certificate of Occupancy. At e cost of the developer, or his/her successor or assignee, he/she may a y for an extension of time and make such request at a public hearing in f .nt of the A1PPB. The AIPPB may grant a one (1) time, four (4) month ti - qht (8) month extension with a showing' of good cause by the devel.aer Or his/her successor or assignee The AIPPB has the sole discretion • determine what constitutes a showing of good cause, If no installation of rt occurs within the required time period, all financial security deposited in the developer's escrow account, shall be transferred to the Public A und, If, after review of the application for the proposed Art in lieu a Public Art Fee, the application is denied by the AIPPB, the Developer may at Aleal, within fifteen (15) days of the denial with the Office of Hearing Boards, the approp ate appeal fee provided for by the City Code, to the City Commission pursuant to Ch pter 62-23(a) of the City Code, (g) A complete application for donation of Art in lie of a Public Art Fee with the required application fee, as stated in Chapter 62 of th ity Code shall include: 1. Preliminary sketches, photograp or other documentation of sufficient descriptive clarity to indicate th nature of the proposed Art; 2. An appraisal or other evide ce of the value of the proposed Art, including acquisition and installatio costs, To establish the value of Art submitted to comply with this progr 's requirements, the City may contract with an independent Art appr iser to provide a written appraisal of the Art. Such appraisal shall eith be funded from the Public Art Fund or by the Developer, in which case th ost of obtaining the appraisal shall be construed as part of the overall valu of the Art; and 3. An execute and notarized agreement by the artist who created the Art, in which he/ e expressly waives all rights and claims to the Art under g_gplica e State and Federalslavvs. The City shall have all rights to repro ce and distribute two-dimensional reproductions of, and shall have all rig to any trademark, service mark, or trade dress rights regarding the Art. provat of the Art shall be deemed as permission granted by the artist uthorizing 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. 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, shall be submitted to the Public Art Division, who shall review them and make a recommendation to the AIPPB based on the following considerations City of Mrami File ID: 2099 Revision: Printed On: 6/1312017 SUBSTITUTED a. The Art's 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 ublic hear accordance with the adopted Public Art Master Plan and the Public A Program Guidelines, the developer, or his/her successor or assiqne; shall install the Art prior to the issuance of a Certificate of Occupanc the cost of the developer, or his/her successor or assignee, he/she may ply for an extension of time and make such request at a public hearing rorit of the AIPPB. The AIPPB may grant a one (1) time, four (4) month a eight (8) month extension with a showing of good cause by the dev oper or his/her successor or assignee, The AIPPB has the sole discret 0 to determine what constitutes a showing of good cause. If no installation Art occurs within the required time period, all financial security deposited o the developer's escrow account, shall be transferred to the Public Fund. If, after review of the application for donation of Art in lieu application is denied by the AIPPB, the Developer may appeal fee, to the City Commission pursuant to Chap a Public Art Fee, the peal, with the appropriate 62-23(a) of the City Code. Sec, 62-660, Art placed on private property and Donation of Art in lieu of a Public Art Fee. Except as referenced in Section 11.6 and oth relevant Sections in Article 11 of the Miami 21 Code, any Art that is placed on pri te property in lieu of a Public Art Fee must qualify as Art as defined under Article 1/S on 1.5 of the Miami 21 Code, and must be reviewed by the Public Art Division, and pproved by the AIPPB in accordance with the Public Art Master Plan and the Public rt Program Guidelines, Art that is placed on private property shall be maintained t all times in substantial conformity and compliance with the Public Art Master Plan an' the Public Art Program Guidelines by the Developer or his/her successor or assigne and the terms of the approval and acceptance of such Art lies with the AIPPB. Art pl ed on private property shall be easily accessible or clearly visible to the general oublic from adjacent public property including but not limited to a public right-of-way ant or abutting public property or other Public Thoroughfare, or cross Block pedestrian e vehicular passage or pedestrian Paseo. Sec. 62-662. Ownership an maintenance of artwork placed on site. (a) Ownership of all rt acquired by the City pursuant to the requirements of this Article shall be vested in t City which shall retain title to each work of Art. Q Ownershi. all Art donated to the City pursuant to the requirements of this Article shall be done d and titled to the City upon approval of the AIPPB. Lci Ow rship of all Art incorporated into private Development Projects shail be vested in hzierosert owner who shall retain title to the Art, Property owners retaining title to the bliect 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. City of Miami File ID: 2099 (Revision:) Printed On: 6/1 12017 SUBSTITUTED 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. (e) 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-fiv (25) years shall remain with the IDevelopment Project site owner or the owner's successors or assignees The responsibility and obligation to maintain the ariwor hall be enforced as follows: (2) Prior to the placement of the artwork on a Development Project, the site wner shall record a covenant running with the land, in a form acceptable to the CManager or Director of Planning, describing the Art in full detail along with ackn edging the responsibility and obligation of the Development Project site owne and his/her future successor and/or assignee to repair, restore, insure, and maint the Art. The covenant shall run with the land for a minimum of twenty-five years, and shall act as notice to future property owners of the site of the resp dnsihffity and obligation to repair, restore, insure, and maintain the Art and of cert limitations related to any federal, state or local laws governing the rights of the ar including, but not limited to, rights regarding the sale, alteration, modification, th truction, removal, and/or relocation of the Art. The covenant shall be approve sy the Director of Planning, or his/her designee, in a form acceptable to the City orney. The Art shall not be altered, modified, relocated, removed, sold, or d t oyed without the prior approval of the AIPPB. L3]. Maintenance of the Art shall include, but is ot limited to, preserving the Art in a condition as required by the Public Art D sion: protecting, securing, insuring, and maintaining the Art against physical de cement, vandalism, mutilation, alteration, natural elements such as fire and wi 4; and theft: and maintaining an extended insurance policy in the amount of tf - appraised value of the Art as determined by the City and the Public Art Division consultation with an independent appraiser Maintenance requirements sh be enforceable by the City for the "Life Cycle" of the Art pursuant to the covenant nninq with the land required by this Article (4) lf, at any time, the City's ublic Art Division and/or the AIPPB determines that the Art has not been maintain or preserved in a state and appearance substantially conforming to the styand appearance in which the Art was originally approved by the AIPPB, the Co Compliance Department of the City shall issue a notice of violation reguirin he current property owner to either: a. Repair, r t re or rehabilitate the Art within thirty (30) days; b. Pay costs estimated by the City required to repair, restore, or rehabilitate the Art d or secure and maintain insurance for the Art in an amount determined 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 !loon 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. L5i 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, City of Miami File ID: 2099 (Rem Printed On: 6113/2017 SUBSTITUTED L6i 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. /sfj 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, Replac Art shall be reviewed and approved by the AIPPB subiect to the criteria set forth this Article; or The Public Art Fee required under this Article and the Miami 21 Code, based u o e current fee schedule and the current fair market value of the building, structure or impro ment for which the Art was required, as determined by an appraiser, must be paid withi thirty (30) days. Section 4. This Ordinance shall not apply to any DeveIopme Projects that have a valid and effective Waiver, Warrant, Class II, Variance, Exception, Certi ate of Appropriateness, Major Use Special Permit, Development Agreement, or Special ea Plan permit on the effective date of this Ordinance and that obtain a master buildi permit within twenty-four (24) months of the Effective Date of this Ordinance. If a decision a Waiver, Warrant, Class 11, Variance, Exception, Certificate of Appropriateness, Major ise Special Permit, Development Agreement, or Special Area Plan permit has been timely ppealed on the effective date of this ordinance to the PZAB, the City Commission, or a cou of competent jurisdiction, the twenty- four (24) month period to obtain a master building p- it shall begin to run on the date of a final order on the appeal to the highest court of compet t jurisdiction, or the issuance of the permit, whichever is later. This Ordinance shall not appl 0 any Development Projects that have been deemed to have a complete application by the irector of Planning as defined by the application checklist included as an exhibit to this Ordin ce, as of the effective date of this Ordinance and that does not remain inactive for a period t to exceed three (3) months, and has not been substantially modified from its initial sub t al, unless at the request of or proposal of the Department of Planning. Substantia 4difications 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 p king spaces. If substantially modified, the Ordinance shall apply to the entire project. Section 5. All rights, ctions, proceedings of the City, including the City Commissioners, the City Manager, or any o departments, boards, or officers undertaken pursuant to the existing Code provisions hall be enforced, continued, or completed, in all respects, as though begun or executed her nder, Section 5 Ordinance is de Secti adoption t . any section, part of a section, paragraph, clause, phrase or word of this ed invalid, the remaining provisions of this Ordinance shall not be affected. i. This Ordinance shall become effective immediately after final reading and 2 is Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) ays from the date it was passed and adopted. It 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 Dglein whichever is later. City of Miami File ID: 2099 (Revision: ) Printed On: 6/1312017 SUBSTITUTED APPROVED AS TO FORM AND CORRECTNESS: ,ndez„ ityr- Attor ey 6/13/2017 City of Miami File ID: 2 ( vision:) Printed On: 6/13/2017