Miami
FL

Ordinance
1909

AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.5, ENTITLED "DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM"; ARTICLE 3, SECTION 3.17, ENTITLED "PUBLIC ART REQUIREMENTS"; AND ARTICLE 11, ENTITLED "ART IN PUBLIC PLACES PROGRAM," TO PROVIDE FOR PUBLIC ART REQUIREMENTS FOR PRIVATE DEVELOPMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.

Information

Department:Department of PlanningSponsors:
Category:Planning and Zoning

Body/Legislation

WHEREAS, various local governments throughout the State of Florida and the country have implemented public art programs committed 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, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March 16, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-018 by a vote of eight to zero (8-0), Item No. PZAB.6, recommending approval of the amendments to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), to establish a public art program as adopted by Ordinance No. 13656; and

 

WHEREAS, on January 12, 2017, pursuant to Ordinance No. 13656, the City Commission re-established 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, PZAB, at its meeting on April 5, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-026 by a vote of six to one (6-1) recommending that Chapter 62 of the Code of the City of Miami, Florida, as amended, be further amended and to establish a public art program for private development with one (1) condition; and

 

WHEREAS, PZAB, at its meeting on April 5, 2017, following an advertised public hearing, also adopted Resolution No. PZAB-R-17-025 by a vote of six to one (6-1) recommending that the Miami 21 Code be amended to establish a public art program for private development with one (1) condition; and

 

WHEREAS, PZAB recommended that the Public Art Ordinance not take effect until after the adoption of the “Public Art Master Plan”; and

 

WHEREAS, PZAB passed a motion directing the Department of Planning staff to draft a “Public Art Master Plan” and submit the draft version before PZAB for review and recommendations prior to the “Public Art Master Plan” being scheduled for adoption by the City Commission; and

 

WHEREAS, the request of PZAB is counterproductive, 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 proposed language to the amendments of the Art in Public Places Ordinance, attached hereto as Exhibit B; and

 

WHEREAS, a public art program would create a stimulating and diverse cultural environment that reflects, defines, and enhances the City's heritage, values, and visions for the future, through art integrated in the architecture, infrastructure, and landscape; and

 

WHEREAS, the City recognizes that the aesthetic diversity provided by art within the City's built environment is vital to the quality of the life of its residents and to the economic success of its businesses as it attracts visitors and potential residents, fuels the local economy by creating job opportunities, and assists the City in fulfilling its mission to make the City a premier world class place in which to live, work, and raise a family; and

 

WHEREAS, in Metromedia, Inc. v. San Diego, 453 U.S. 490 (1981), the United States Supreme Court held that land development regulations which require development to meet aesthetic conditions have been generally found to be supported by a legitimate public purpose; and

 

WHEREAS, in Ehrlich v. City of Culver City, 911 P. 2d 429 (Cal. 1996), the California Supreme Court held that an art fee on private development is a legitimate aesthetic regulation which does not require the same level of legal scrutiny as an impact fee; and

 

WHEREAS, the City Commission desires to amend the Miami 21 Code to establish public art requirements for private development thereby creating a cultural legacy for future generations through the curation and exhibition of high quality art that reflects a variety of artistic styles and a diversity of cultures, 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 alternative that developers may avail themselves of, but is not the primary goal of the Public Art Program; and

 

WHEREAS, the City Commission hereby finds and declares that the adoption of this Ordinance is consistent with the Miami Comprehensive Neighborhood Plan and that it is necessary, appropriate, and advances the public interest;

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA:

 

Section 1.  The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.

 

Section 2.  The Miami 21 Code is hereby amended by making modifications in the following particulars:[1]

 

"ARTICLE 1. DEFINITIONS

 

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1.5              DEFINITIONS OF ART IN PUBLIC PLACES PROGRAM.

 

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Art in Public Places Board ("AIPPB"): The entity appointed by the City Commission to aid in the administration of the Public Art Program. The AIPPB shall have the power to make decisions regarding dedications, donations, and acquisitions of Art to fulfill the requirements as prescribed in Article 11 of this Code and Chapter 62 of the City Code. Reference to approval by the AIPPB of this Code shall mean approval at a duly noticed public meeting.

 

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              Wynwood Public Art Regulations: A set of standards and regulations, including but not limited to applicability of public art, criteria, policies, and procedures related to the submission, donation, dedication, consideration, and acceptance of Art on private development for properties located within the Neighborhood Revitalization District 1 (“NRD-1”), which shall be adopted by the City Commission, pursuant to a recommendation by the Director of Planning in consultation with the AIPPB and amended as necessary.

 

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ARTICLE 3. GENERAL TO ALL ZONES

 

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3.17              Public Art Requirements.

 

Development Projects shall comply with all applicable provisions of the Art in Public Places Program pursuant to Article 11 of this Code and Chapter 62, Article XVI, of the City Code, as applicable.

 

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ARTICLE 11. ART IN PUBLIC PLACES PROGRAM

 

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11.4              APPLICABILITY.

 

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b.              The Building Department will calculate the pertinent Public Art Fee in accordance with this Article. When disputes arise in determining the Public Art Fee, the Developer(s) shall provide the Building Department and the Public Art Division a copy of the executed notarized construction services contract(s) for the Government Development Project so that the City can accurately determine the Construction Cost and properly calculate the Public Art Fee based upon the anticipated Construction Cost.

 

c.              The AIPPB, at a public hearing, may waive the following from the Public Art Program upon recommendation from the Public Art Division for Government Development Projects as well as non-governmental or private Development Projects:

 

1.              The reconstruction of Structures which have been damaged by fire, flood, wind, or other acts of God.

 

2.              Religious Facilities or Development Projects by qualified 501(c)(3) organizations except as otherwise provided in Section 2-11.15 and Procedures No. 358 entitled "Art in Public Places (AIPP) Procedures" of the Miami-Dade County Code, as amended.

 

23. The restoration or rehabilitation of a portion(s) of a Historic Resource as defined in Article 1, Section 1.5. of this Code that does not alter the size or occupancy load of the Structure.

 

34.              The repair or rehabilitation of a Structure for the installation of fire sprinklers or improvements pursuant to the American with Disabilities Act.

 

45. Government Development Projects funded by grant(s) that prohibit the use of grant funds for purposes not specified under the grant(s).

 

5.              Affordable Housing Developments not otherwise required to provide Public Art pursuant to Section 2-11.15 of the Miami-Dade County Code, as amended.

 

6. Properties that have received a Notice of Recertification for structures that are forty (40) years old and older in accordance Section 8-11 (f) of the Miami-Dade County Code.

 

d.              Non-governmental and private sector Development Projects. All non-Governmental and private sector Development Projects (including interior or exterior modifications, additions, or new construction) including but not limited to parking structures, Residential Development Projects, mixed use projects, or commercial sites shall provide for the acquisition of works of public Art subject to the project valuation schedule below, or a combination thereof, pursuant to Section 11.5:

 

1.      Development Projects with Construction Cost of three million dollars ($3,000,000.00) to five million dollars ($5,000,000.00) shall provide for the acquisition of works of public Art with a minimum value of half a percent (.50%) of Construction Cost for public Art provided on site or pay the Public Art Fee of a quarter percent (.25%) of Construction Cost into the Public Art Fund, or a combination thereof pursuant to Section 11.5.

 

2.      Development Projects with Construction Cost over five million dollars ($5,000,000.01) to ten million dollars ($10,000,000.00) shall provide for the acquisition of works of public Art with a minimum value of three quarters of a percent (.75%) of Construction Cost for public Art provided on site or pay the Public Art Fee of half a percent (.50%) of Construction Cost into the Public Art Fund, or a combination thereof pursuant to Section 11.5.

 

3.      Development Projects with Construction Cost over ten million dollars ($10,000,000.01) to fifteen million ($15,000,000.00) shall provide for the acquisition of works of public Art with a minimum value of one percent (1%) of Construction Cost for public Art provided on site or pay the Public Art Fee of three quarters of a percent (.75%) of Construction Cost into the Public Art Fund, or a combination thereof pursuant to Section 11.5.

 

4.      Development Projects with Construction Cost over fifteen million dollars ($15,000,000.01) shall provide for the acquisition of works of public Art with a minimum value of one and one quarter percent (1.25%) of Construction Cost for artwork provided on site or pay the Public Art Fee of one percent (1%) of Construction Cost into the Public Art Fund, or a combination thereof pursuant to Section 11.5.

 

5.      This Article shall not be applicable to non-Governmental or private Development Projects that consist only of interior renovations or remodeling of an existing structure with a Construction Cost of less than three million dollars ($3,000,000.00) or 50% of the appraised value of the structure, whichever is greater.

 

e.      This Article shall not be applicable to the Residential components of Affordable Housing or Workforce Housing Developments not otherwise required to provide Public Art pursuant to Section 2-11.15 and Procedures No. 358, entitled "Art in Public Places (AIPP) Procedures," of the Miami-Dade County Code.

 

 

11.5              COMPLIANCE WITH THE PUBLIC ART PROGRAM

 

a.              Compliance with the Public Art Program shall be by one (1) of the following:

 

1.      Unless otherwise provided in Chapter 62, Article XVI of the City Code, or this Article of the Miami 21 Code, payment of the Public Art Fee of the required percentage of the total Construction Cost of the Development Project, excluding land acquisition and off-site improvement costs, as identified in this Article of the Code, into the Public Art Fund shall be made prior to issuance of a master building permit for a Development Project, unless specifically stated otherwise herein; or

2.      Unless otherwise provided in Chapter 62, Article XVI, of the City Code or this Article of the Miami 21 Code, prior to issuance of a Certificate of Occupancy ("CO"), the Developer shall complete one of the following or a combination thereof:

 

a)      Donation of Public Art. Donate Art which has been approved by the AIPPB as having a documented minimum value of the required percentage of the total Project Cost of the Development Project, excluding land acquisition and off-site improvement costs, as identified in Section 11.4 of this Code; or

 

b)      Placement of public Art on site. Place public Art on the Development Project site, which shall have a minimum value of the required percentage of the total Project Cost of the Development Project, excluding land acquisition and off-site improvement costs, as identified in this Article of the Code that is easily accessible or clearly visible to the general public from adjacent Public property, including a street, Public Thoroughfare, Sidewalk, cross Block Vehicular Passage, or Pedestrian Paseo;

 

3.      For large scale Development Projects being developed in phases pursuant to a Special Area Plan (“SAP”), Major Use Special Permit (“MUSP”), or any Development Projects consisting of a minimum of forty (40) acres or more under common control located within the Civic Institutional Health District (CI-HD), Developers may submit a Public Art Master Plan for the subject site to be approved by the AIPPB in accordance with the requirements as provided in Chapter 62, Article XVI, of the City Code and Article 11 of this Code. The appraised value of existing Art approved under the Public Art Master Plan may be credited towards the requirements of this Article for future Development Projects on the site; or

 

4.      Combination. Provide any combination from the above, subject to AIPPB   

approval.

 

b.              Prior to Donation of Art or placement of public Art on the Development Project site:

 

1.      The Art must be approved by the AIPPB and conform to the adopted Public Art Master Plan and Public Art Program Guidelines;

 

2.      The Developer must record a covenant running with the land for maintenance, insurance, and other requirements set forth in Chapter 62 of the City Code, for the public Art, in a form acceptable to the City Attorney; and

 

3.      The Developer must deposit all financial security into an escrow account, as applicable.

 

c.              For Donations of Art or placement of public Art on the Development Project site, unless otherwise provided in Chapter 62, Article XVI of the City Code, the developer shall post a bond or provide an irrevocable letter of credit in the amount of the Public Art Fee calculated by using the required percentage of the total Construction Cost of the Development Project, excluding land acquisition and off-site improvement costs, as identified in Section 11.4 of this Code prior to issuance of a master building permit for a Development Project, unless specifically stated otherwise herein.  Any irrevocable letter of credit pursuant to this Article shall be drawn on a local bank. Any bond or irrevocable letter of credit shall be in a form acceptable to the City’s Risk Management Department and the City Attorney, and shall comply with all applicable laws.

 

 

11.6 NEIGHBORHOOD REVITALIZATION DISTRICTS (“NRD”).

 

a.              NRDs that have a Design Review Board or Committee may make recommendations to the AIPPB for the installation of Public Art for Development projects located within the NRD boundaries.

 

b.              Specific to the NRD-1 “Wynwood Arts District,” as contained within the boundaries of the NRD-1, as may be amended. With the exception of Government Development Projects, Development Projects within the NRD-1 boundaries, as may be amended, shall not be subject to the definitions, development standards, review criteria, or requirements for compliance with the Public Art Program as set forth in Section 3.17 of this Code, in this Article 11 of this Code, and in Chapter 62, Article XVI of the City Code, as applicable, except as may be explicitly incorporated, or incorporated by reference, within subsequently adopted regulations after approval by City Commission.  As long as it is in existence, the Wynwood Design Review Committee (“WDRC”) shall propose Public Art regulations for the NRD-1, including but not limited to the applicability of Public Art requirements, criteria for review and placement of Public Art, and Public Art guidelines, for private development on properties located within the boundaries of the NRD-1, which shall be incorporated into the Public Art Master Plan, shall be known as the “Wynwood Public Art Regulations, and which are contingent on and subject to approval by the City Commission upon a recommendation of the Director of Planning in consultation with the AIPPB as the applicable regulations for Public Art within the NRD-1. The Wynwood Design Review Committee (“WDRC”) shall serve as the Public Art Board when reviewing Public Art applications for private development within the NRD-1. The Wynwood Public Art Regulations for NRD-1 shall be proposed to City Commission by the WDRC, after consultation with the Wynwood BID, within one (1) year of the effective date of this legislation.  If the proposed Wynwood Public Art Regulations are not proposed to City Commission within the one (1) year timeframe or not adopted by City Commission within six (6) months from the date of proposal, all non-Governmental and private sector Development Projects within the NRD-1 shall be subject to the Public Art requirements contained in this Code and in Chapter 62, Article XVI of the City Code until said Wynwood Public Art Regulations are adopted by City Commission.

 

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Section 3.  This Ordinance shall not apply to any Development Projects that have a valid and effective Waiver, Warrant, Class II, Variance, Exception, Certificate of Appropriateness, Major Use Special Permit, Development Agreement, or Special Area Plan permit on the effective date of this Ordinance and that obtain a master building permit within twenty-four (24) months of the Effective Date of this Ordinance. If a decision on a Waiver, Warrant, Class II, Variance, Exception, Certificate of Appropriateness, Major Use Special Permit, Development Agreement, or Special Area Plan permit has been timely appealed on or before 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 a master building permit, whichever is later. This Ordinance shall not apply to any Development Projects that have been deemed by the Director of the Department of Planning to have a complete application pursuant to the application checklist included as an exhibit to this Ordinance, as amended from time to time, as of the effective date of this Ordinance and such application (i) does not remain inactive for a period any longer than three (3) months, and (ii) has not been substantially modified from its initial submittal, unless at the request of or proposal of the Planning Department. Substantial modifications shall mean a material change such as, but not limited to, Height, FLR/Lot Coverage, number of floors and/or dwelling units, decreases in setbacks, open space, uses, and parking spaces. If substantially modified, the Ordinance shall apply to the entire project.

 

Section 4.  If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.

 

Section 5.  It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or re-lettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention.

 

Section 6.  This Ordinance shall become effective immediately upon adoption and signature by the Mayor.[2]

 

 


[1] Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material.

[2] This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later.

Meeting History

Apr 13, 2017 9:00 AM Video City Commission Regular Meeting
RESULT:NO ACTION TAKEN
Jun 22, 2017 9:00 AM Video City Commission Planning and Zoning
RESULT:PASSED ON FIRST READING WITH MODIFICATION(S) [UNANIMOUS]Next: 10/12/2017 9:00 AM
MOVER:Ken Russell, Vice Chair
SECONDER:Francis Suarez, Commissioner, District Four
AYES:Keon Hardemon, Ken Russell, Wifredo (Willy) Gort, Francis Suarez
ABSENT:Frank Carollo
Oct 12, 2017 9:00 AM Video City Commission Regular Meeting
draft Draft

Note for the Record: Per Miami City Code Section 2-33(k), Item PZ.1 has been continued to the November 16, 2017, Planning and Zoning Commission Meeting.

RESULT:NO ACTION TAKENNext: 11/16/2017 2:00 PM
Nov 16, 2017 2:00 PM Video City Commission Planning and Zoning
draft Draft
RESULT:CONTINUED [UNANIMOUS]Next: 12/14/2017 2:00 PM
MOVER:Frank Carollo, Commissioner, District Three
SECONDER:Manolo Reyes, Commissioner, District Four
AYES:Keon Hardemon, Ken Russell, Frank Carollo, Manolo Reyes
ABSENT:Wifredo (Willy) Gort