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2001-24580 RESO RESOLUTION NO. 2001-24580 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, AMENDING VARIOUS SECTIONS OF THE CITY CODE, INCLUDING THE LAND DEVELOPMENT REGULATIONS, CONCERNING ART IN PUBLIC PLACES, AND INVOLVEMENT IN THE SELECTION OF PUBLIC ART BY THE DESIGN REVIEW AND THE HISTORIC PRESERVATION BOARDS; AMENDING CHAPTER 82, ARTICLE VII, ART IN PUBLIC PLACES, DIVISION 1, SECTION 82-537, DEFINITIONS, TO ADD TWO MEMBERS OF THE DESIGN REVIEW OR HISTORIC PRESERV ATIONBOARDS TO THE PROFESSIONAL ADVISORY COMMITTEE, DEPENDING UPON THE LOCATION OF THE PROJECT AND THE RESPECTIVE BOARD'S JURISDICTION; AMENDING SECTION 82-612 TO PROVIDE THAT IN THE ABSENCE OF A PROFESSIONAL ADVISORY COMMITTEE, THAT THE DESIGNATED DESIGN REVIEW OR HISTORIC PRESERVATION BOARD MEMBERS SHALL SERVE AS SUCH COMMITTEE TO ADVISE THE ART IN PUBLIC PLACES COMMITTEE; AMENDING SECTIONS 118-71(2) AND 118-102(3) TO PROVIDE THAT THE JURISDICTION OF THE DESIGN REVIEW AND HISTORIC PRESERVATION BOARDS SHALL BE ADVISORY TO THE ART IN PUBLIC PLACES COMMITTEE ON THE SELECTION OF WORKS OF ART, AND TO PROVIDE THAT SUCH ADVICE BE PROVIDED PRIOR TO THE ART IN PUBLIC PLACES COMMITTEE'S RECOMMENDATION TO THE CITY COMMISSION; PROVIDING FOR CODIFICATION, SEVERABILITY, REPEALER AND AN EFFECTIVE DATE. WHEREAS, the Art in Public Places program enhances the aesthetic environment of the City by including works of art on public property within the City and in City construction projects; and WHEREAS, the Art in Public Places Committee is responsible for making recommendations to the City Commission on the locations suitable for the placement of such art, and on the selection of artists and works of art; and WHEREAS, the City's Design Review Board and Historic Preservation Board also have jurisdiction over City construction projects; and WHEREAS, it is necessary and appropriate, and in furtherance of the public health, safety and welfare, to provide for a coordinated review and approval process for such art, through the formal placement of two members of the Design Review Board or Historic Preservation Board on the Art in Public Places Professional Advisory Committees, depending upon the location of the project in relation to the respective Boards' jurisdiction, and through modification of the jurisdiction of such Boards over Art in Public Places projects; NOW, THEREFORE BE IT DUL YRESOL VED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a Public Hearing will be held on October 17, 200 I to consider the above described amendments to the City Code and the City's Land Development Regulations, in the City Commission Chambers at 1700 Convention Center Drive, Miami Beach, Florida and the City Clerk is hereby authorized and directed to publish and distribute the appropriate public notice of said public hearing at which time all interested parties will be heard. PASSED and ADOPTED this 20th day of September 'iJJ1 ATTEST: ~r~~c1M- CITY CLERK MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~ ity Attorney '}- I~ / Date F:IA TTOIHELG\OrdinanceslArtPuhPl\resosetphrg. wpd 2 MIAMI DESIGN PAESERVATION LEAGUE POST OffICE IlOX 190180. MIAMI BEACH. f~OAlDll 33119.0180 (105) 072.201. fAX (30S) 072-4319 .......mdpl."'ll City of Miami Beach Mayor and Commissioners Art in Public Places Committee Historic Preservation Board June 12, 2001 Re: Art in Public Places Dear Sirs; I am writing you on behalf of the Miami Design Preservation League (MDPL). the non-profit organization devoted to preserving, protecting and promoting the cultural, social and architectural history of Miami Beach, and the oldest Art Deco Society in the world. The league supports all efforts on behalf of the City administration to improve the quality of life and aesthetic value of our neighborhoods. MDPL also applauds the efforts of the Art in Public Places Committee of Miami Beach, and encourages them to introduce worId-class art to our city that is compatible and complimentary to our historic neighborhoods. Architecture is the first fonn of public art, and we are fortunate to have several districts that celebrate this medium and its excellence within our city. MDPl urges the City and its Art in Public Places Committee to continue its fine wor1c of adding landmar1c art pieces to our city, while always maintaining the magnificent collection of monuments, fountains and other examples significant historic public art throughout our city. Sin el D. Kinerk Ch rman Miami Design Preservation League ~ DIVISION 3. DESIGN REVIEW BOARD" "Cross reference(s)--Boards, committees, commissions, ~ 2-61 et seq. Sec. 118-71. Powers and duties. The desian review board shall have the following powers and duties: (1) To promote excellence in urban design. (2) To review all applications requiring design review approval for all properties not located within a designated historic district or not designated as a historic site. (3) To prepare and recommend adoption of design plans pertaining to neighborhood studies. (4) To promote reduced crime and fear of crime through the use of crime prevention through environmental design guidelines and strategies, as approved by the city commission. (5) To hear and decide appeals of the planning director when deciding matters pursuant to section 118-260. (Ord. No. 89-2665, ~ 18-1 (A), eff. 10-1-89; Ord. No. 90-2722, eff. 11-21-90; Ord. No. 97-3067, ~ 1,1-8-97; Ord. No. 2000-3268, ~ 1, 9-27-00) Sec. 118-72. Membership. (a) Composition. The desian review board shall be composed of seven regular members and two ex-officio members. The seven regular members shall consist of three registered architects, one registered landscape architect, one registered architect, professional designer or professional urban planner and two citizens at large. The two ex-officio members shall be the planning director or designee and one person appointed by the city manager from an eligibility list provided by the mayor's barrier free environment committee. The city attorney's office shall provide legal counsel. (b) Appointment. The (i) three registered architects, (ii) one landscape architect, registered architect, professional designer or professional urban planner, and (iii) one registered architect, professional designer or professional urban planner shall be appointed by the city commission by a five-sevenths vote. An eligibility list for these professional membership categories may include, but shall not be limited to, suggestions from the following professional and civic associations as listed below: (1) American Institute of Architects, local chapter. . . DIVISION 4. HISTORIC PRESERVATION BOARD. .Cross reference(s)--Boards, committees, commissions, ~ 2-61 et seq. Sec. 118-101. Created; authority. There is hereby created a city historic preservation board for the purposes of carrying out the provisions of this division. The board shall have the authority to recommend the designation of areas, places, buildings, including the public portions of interiors of buildings, structures, landscape features, archeological sites and other improvements or physical features, as individual buildings, structures, improvements, landscape features, sites, districts, or archeological zones that are significant to the city's history, architecture, archeology, or culture or possess an integrity of location, design, setting, material or workmanship, in accordance with the goals of this division to grant certificates of appropriateness and to determine whether a historic building, historic structure, historic site, historic landscape feature, or building or structure located within a historic district or architecturally significant feature of a public area of a historic or contributing building may be altered or demolished. (Ord. No. 89-2665, ~ 19-4, eff. 10-1-89; Ord. No. 94-2926, eff. 4-14-94) See, 118-102. Powers and duties. The historic preservation board shall: (1) Recommend to the planning board, and city commission, the designation of historic buildings, including where appropriate significant architectural features of public areas of interiors, structures, improvements, landscape features and historic sites or districts. (2) Prepare and recommend for adoption specific guidelines for each designated site or district to be used to evaluate the appropriateness and compatibility of proposed alteration or development within designated historic sites or historic districts. (3) Issue or deny certificates of appropriateness, certificates to dig and certificates of appropriateness for demolition in accordance with procedures specified in this division. (4) Recommend restoration of property to its prior condition as required by section 118-533 when the property has been altered in violation of this division. Advise the board of adjustment with regard to variances associated with properties designated as historic sites, historic buildings, historic structures, historic improvements, historic landscape features or any building or structure located within a historic district or a National Register District through written recommendation to be read into the record by the planning and zoning director at the board of adjustment's hearing. Facilitate the redevelopment of historic sites and districts by directing the planning, design and historic preservation division, and other city departments, to provide advisory and technical assistance to property owners, applicants for certificates of appropriateness. Make and prescribe by-laws and application procedures that are reasonably necessary and appropriate for the proper administration and enforcement ~f the provisions of this division. The board shall prescribe forms for use by applicants when requesting action under this division. The board may authorize anyone of (5) (6) (7) ... its members to administer oaths and to certify official documents. (8) Award historic markers or plaques upon the recommendation of the city manager and with the consent of the city commission. (9) Update and revise the historic properties database. (10) Advocate that the city administration explore and advise the historic preservation board and the building official as to alternatives available for stabilizing and preserving inadequately maintained and/or unsafe buildings or structures within the city's designated historic districts or on designated historic sites. (Ord. No. 89-2665, ~ 19-4(A), eft. 10-1-89; Ord. No. 90-2722, eft. 11-21-90; Ord. No. 94-2926, eft. 4-14-94; Ord. No. 97-3095, ~ 1, 9-24-97) Sec. 118-103. Membership. (a) The historic preservation board shall be composed of nine members. There shall be a member from each of the following categories: an architect registered with the state with practical experience in the rehabilitation of historic structures; an architectural historian with a minimum of a Bachelor's Degree in architectural history or related field and practical experience in the rehabmtation of historic structures; a professional engineer, registered with the state; a licensed real estate broker or salesperson or a person holding an executive position in a city lending institution; an appointee from Dade Heritage Trust; an appOintee from the Miami Design Preservation league; a member of the faculty of a university in the state, who has expertise in the field of historic preservation or history of architecture; and two additional members-at-Iarge who reside in, own or manage properties located in a locally designated historic preservation district. (b) All members of the board except the architect, engineer, architectural historian and university faculty member of the board shall be residents of, or have business interests in, the city; provided, however, that the city commission may waive these requirements in the event a person not meeting these requirements is available to serve on the board and is exceptionally qualified by training and experience in historic preservation matters. All appointments shall be made on the basis of civic pride, integrity, experience and interest in the field of historic preservation. (Ord. No. 89-2665, ~ 19-4(B), eft. 10-1-89; Ord. No. 94-2926, eft. 4-14-94) Sec. 118-104, Appointment (a) Historic preservation board members shall be appointed by the city manager with the consent of the city commission. An eligibility list solicited from the organizations listed in this section shall be considered by the city manager and city commission in selecting board members: (1) American Institute of Architects, local chapter. (2) Miami Design Preservation league. (3) Miami Beach Chamber of Commerce. (4) Miami Beach Development Corporation. (5) Miami Beach Board of Realtors. (6) Dade Heritage Trust. (7) Florida Engineer Society, local chapter. (8) Any other organization deemed appropriate by the city manager. .\ f. CITY OF MIAMI BEACH PLANNING DEPARTMENT FILE NO: DATE: MeR No: AMOUNT: (For Staff Use Only) - STANDARD APPLICATION FORM DEVELOPMENT REVIEW BOARD HEARING 1. The below listed applicant wishes to appear before the following Chy Development Review Board for a scheduled public hearing: NOTE: This application form must be completed separately for each applicable Board hearing a matter. ) BOARD OF ADJUSTMENT ( ) HISTORIC PRESERVATION BOARD ) DESIGN REVIEW BOARD IX! PLANNING BOARD ( I fLOOD PLAIN MANAGEMENT BOARD NOTE: Applications to the Board of Adjustment will not be heard until such time as the Design Review Board. Historic Preservation Board and/or the Planning Board have rendered decisions on the subject project. 2. THIS REQUEST IS FOR: a. ( I A VARIANCE TO A PROVISION(S) OF THE LAND DEVELOPMENT REGULATIONS (ZONING) OF THE CODE b. (I AN APPEAL FROM AN ADMINISTRATIVE DECISION c. (I DESIGN REVIEW APPROVAL d. (I A CERTIFICATE OF APPROPRIATENESS FOR DESIGN e. ( ) A CERTIFICATE OF APPROPRIATENESS TO DEMOLISH A STRUCTURE f. ( I A CONDITIONAL USE PERMIT g. . ( ) A LOT SPLIT APPROVAL h. (I A HISTORIC DISTRICT/SITE DESIGNATION i. ( ) AN AMENDMENT TO THE ZONING ORDINANCE OR ZONING MAP j. ( I AN AMENDMENT TO THE COMPREHENSIVE PLAN OR FUTURE LAND USE MAP k. ~ OTHER: t/~Y ~cle- dM~&dS /":fU'di'J kuut tv..vd"I'~~ . ~d.....74d"J PUBLIC RECORDS NOTICE: ALL DOCUMENTATION, APPLICATION FORMS, MAPS, DRAWINGS. PHOTOGRAPHS,-l1:TTERS AND EXHIBITS WILL BECOME A PERMANENT PART OF THE PUBLIC RECORD MAINTAINED BY THE CITY OF MIAMI BEACH PLANNING DEPARTMENT AND MAY, UNDER THE FLORIDA SUNSHINE LAWS. BE DISCLOSED UPON PROPER REQUEST TO ANY PERSON OR ENTITY. 3. NAME & ADDRESS OF PROPERTY: LEGAL DESCRIPTION: 4. NAME OF APPLlC.lI.NT Interest Form n.3 STATE Z 1 . BUSINESS PHONE # (O)tn 7<:77 RESIDENCE PHONE # -- , FAX # ..l~J (,73 7~t,3 . CELL PHONE # e-mail'address: 5. N/--t NAME OF PROPERTY OWNER (IF DIFFERENT FROM #4, OTHERWISE, WRITE "SAME") If the owner of the property is not the applicant and will not be present at the hearing, the Owner/Power of Attorney Affidavit (Page 4) must be filled out and signed by the property owner. In addition, If the property owner is a corporation. partnership. limited partnership or trustee, a separate Disclosure of Interest Form (Pages 6 and 7) must be completed. ADDRESS OF PROPERTY OWNER BUSINESS PHONE # CELL PHONE # CITY STATE ZIP RESIDENCE PHONE # FAX # e-mail address: 6. /II ,4- NAME OF ARCHITECT, LANDSCAPE ARCHITECT, ENGINEER, CONTRACTOR OR OTHER PERSON RESPONSIBLE FOR PROJECT DESIGN ADDRESS (please circle one of the above) CITY STATE ZIP BUSINESS PHONE # CELL PHONE # RESIDENCE PHONE # FAX # e-mail address: 7. NAME OF AUTHORIZED REPRESENTATIVEIS), ATTORNEY(S), OR AGENTIS) AND/OR CONTACT PERSON: a. -A/1/lS wAltA-IV; ~/1/c:-r..7fht- (Y,J, . ,'/]. /i .J.J/3 .NAME ADDRESS CITY STATE ZIP BUSINESSPHONE# .JO) c,,71 7<)'77 FAX # 3d) (,73 7"'3 CELL PHONE # }"530J' 33),)- e-mail addres~me-r.l(.;.I-L~U:I1Z.At#..~4~d.ft.us b. CITY STATE ZIP NAME ADDRESS BUSINESS PHONE # FAX # CELL PHONE # e-mail address: c. NAME ADDRESS BUSINESS PHONE # FAX # CELL PHONE # e-mail address: CITY STATE ZIP NOTE: ALL ARCHITECTS, LANDSCAPE ARCHITECTS, ENGINEERS, CONTRACTORS OR OTHER PERSONS RESPONSIBLE FOR PROJECT DESIGN. AS WELL AS AUTHORIZED REPRESENTATIVEISI. ATTORNEYISI. OR AGENTISI AND/OR CONTACT PERSONS, WHO ARE REPRESENTING OR APPEARING ON BEHALF OF A THIRD PARTY ARE REQUIRED TO REGISTER AS A LOBBYIST WITH THE CLERK. PRIOR TO THE SUBMISSION OF AN APPLICATION. 2 . J/: ,Ie. i"i tP'Y'". ~ /1 ilf,t'(,... ~. /u. / ~r7t""",~~ i"j;'- S'f;,~,~,r~ ;:r~Y>'- ;:. !':?/!a ca n,IM f /'(. '/L.. t' 6 m.lJ,),/I"Y7. 9. TOTAL FLOOR AREA OF NEW BUILDING: (excluding required parking, unenclosed stairways and balconies) /1/ /-1 . N/-1 I #/A /1//4 , SQ. FT. 10. PRESENT ZONING CLASSIFICATION OF PROJECT SITE: 11. IF APPLICANT IS OWNER, INDICATE DATE ACQUIRED: 12. IF APPLICANT IS LESSEE. INDICATE DATE LEASED: 13. HAS A HEARING BEEN HELD BEFORE ANY OF THE BOARDS LISTED IN 1. ABOVE OR BEFORE THE CITY COMMISSION ON THIS PROPERTY WITHIN THE LAST FIVE YEARS? [ ] YES [ ] NO [ ] DON'T KNOW. IF YES. PROVIDE DATEfS), REASON AND OUTCOME OF HEARING(S) /I//~ ( 14. IS THERE AN EXISTING BUILDING ON THE SITE? YES ( ) NO ( ). IF YES. RESPONO TO QUESTIONS 15 AND 16 BELOW. 15. DESCRIBE ANY BUILDINGS EXISTING ON THE SITE AT PRESENT: /V//f I 16. WILL ALL OR ANY PORTION OF THE BUILDINGfSllNTERIOR ANDIOR EXTERIOR. BE DEMOLISHED? [ ] YES [ ] NO PLEASE EXPLAIN: AI /.1 I 17.IS THERE A CONTRACT OR OPTION TO PURCHASE OR LEASE THE SUB.iECT PROPERTY? [ ] YES [ ] NO. IF YES. IDENTIFY THE CONTRACT PURCHASER OR LESSEE AT THE BOTTOM OF PAGE 5. AND PROVIDE THE APPROPRIATE DISCLOSURE REQUIRED IN THE "DISCLOSURE OF INTEREST" FORM ON PAGE 6. 18. TOTAL FEE: (to be computed by staff) $ NOTE: APPLICATIONS FOR BOARD HEARINGS CANNOT BE ACCEPTED WITHOUT PAYMENT OF THE REQUIRED FEE. ALL CHECKS ARE TO BE MADE PAYABLE TO: "CITY OF MIAMI BEACH". WHEN THE APPLICABLE BOARD REACHES A DECISION REGARDING THIS REQUEST, A FINAL ORDER WILL BE ISSUED STATING THE BOARD'S DECISION AND ANY CONDITIONS IMPOSED THEREIN. FINAL ORDERS ISSUED BY THE BOARD OF ADJUSTMENT, THE HISTORIC PRESERVATION BOARD AND THE PLANNING BOARD MUST BE RECORDED IN THE OFFICE OF THE RECORDER, MIAMI-DADE COUNTY AND THE ORIGINAL RETURNED TO THE BOARD SECRETARY. FINAL ORDERS FROM OTHER BOARDS WILL BE MAILED TO THE APPLICANT, THE ARCHITECT ANDIOR THE CONTACT PERSON. IN NO CIRCUMSTANCES WILL A BUILDING PERMIT BE ISSUED BY THE CITY OF MIAMI BEACH WITHOUT A COpy OF THE PERTINENT FINAL ORDER BEING TENDERED ALONG WITH THE CONSTRUCTION PLANS. In accordance with the Americans With Disabillties.Act of 1990, persons needing special accommodation to participate in any proceedings should contact the Board's.Administrator no later than four days prior to the proceeding at 305-673-7550 (voice). If hearing impaired, for sign langaage interpreters, ~ive days or information on access for persons with disabilities call305.673~7219 (TOO). 3 I PLEASE COMPLETE ONE OR MORE OF THE FOLLOWING THREE AFFIDAVITS, AS APPLICABLE. NOTE: THE PROPERTY OWNER MUST FILL OUT AND SIGN THE "OWNER/POWER OF ATTORNEY" PORTION IF THEY WILL NOT BE PRESENT AT THE HEARING. TENANT or OWNER AFFIDAVIT (circle one) /lL' '/i ~ /I ,-/,(t. C//v"r#!,~,'$~ /.s U./IOf, ~ . Gae.rY"l . being first duly sworn, depose and say thaiA-ftm the owner/tenant of the property described and wh ch is the subject matter of the proposed hearing; that all the answers to the questions in this application and all sketch data and other supplementary matter attached to and made a part of the application are honest and true to the best of my knowledge and belief. I understand this application must completed and accurate before a hearing can \ be advertised. Sworn to and subscribed before me this I 3 acknowledged before me by C.I-I and/or is er onall n t.~ ~ W ~I~~dtt:tts\~,take "1~1 M) CommISsion # CC 820608 '/;~r'" :.> ~\,t.$ b:pnes O~/1812OO3 . "~(J't',t,,-,,, I'I!:\ Notery$erYice&BondiI'9Co SIGNATURE lar/;flk ~ ~ e.yvd , hereby authorize the City of Miami Beach to enter my property for the sole purpose of posting a NOTIC OF PUBLIC HEARING on my property as required by law and I take the responsibility of removing this notice after the date of hearing. (\ 0 ~ g.J ( ~ ----e:7 SIGNATURE day of q: ..Pr. has produced oath. , 200i.... The foregoing instrument was as identification STATE OF FLORIDA COUNTY OF MIAMI-DADE MY COMMISSION EXPIRES: l,........... ~~J ~- ~9~~~B~C L/6A r~..f:l[ J<...-"lf'...] PRINT NAME OWNER/POWER OF ATTORNEY AFFIDAVIT I, , being duly sworn and deposed say that I am the owner of the described real property and that I am aware of the nature and effect of the request for relative to my property, which request is hereby made by me OR I am hereby authorizing to be my legal representative before the Design Review Board/Historic Preservation Board. SIGNATURE I, . hereby authorize the C' of Miami Beach to enter my property for the sole purpose of posting a NOTICE OF PUBLIC HEARING on my property required by law and I take the responsibility of removing this notice after the date of hearing. / .... / ,/,- SIGNA lURE / Sworn to and subscribed before me this --.L" day of ,200 . The foregoing instrument was acknowledged before me by / ,who has produced - as identification and/or is personally known to me and who dLd/did not take an oath. STATE OF FLORIDA COUNTY OF MIAMI-DADE MY COMMISSION EXPIRES: NOTARY PUBLIC PRINT NAME 4 AFFIDAVIT I, Ci-/i siu.., ~ ~ erv (l , being duly sworn, depose and say that I am the City Manager of the City of Miami Beach and as such, have been authorized by the City to file this application for public hearing; that all answers to the questions in said application and all sketches, data and other supplementary matter attached to and made a part of the application are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. OQ~~~L~~ CHAIRPERSON'S IGNATURE STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) Sworn to and subscribed before me this I::>" day of SF:P'l. ,20J2../-. The foregoing instrument was acknowledged before me by C t' ~I ~-rtNA JI4. (ll~ who is personally known to me and who did/did not take an oath. ~..J e. ACJ LI A5'A ) NOT Y PUBLIC (signature) I Myc . LISA C. i:lIXON I'~ Mycommi5SiOD#CCS2I)608 .,., -"""I Expires: O~I18J2003 "'I'tllf~ ~ FIa,Not8l'lSeMoe&eondinQCo ,..eoo-3-NOTAn' U SA (I.. D t )((,)N NOTARY PUBLIC STATE OF FLORIDA (type,print or stamp name) F:\PLAN\$PLB\PBCIMGR.AFF CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 www.ci.miami-beach.f1.us CITY OF MIAMI BEACH To: From: Subject: COMMISSION MEMORANDUM Mayor Neisen O. Kasdin and Date: September 20, 2001 Members of the City Commission Jorge M. Gonzalez ,~ City Manager 0 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA, AMENDING VARIOUS SECTIONS OF THE CITY CODE, INCLUDING THE LAND DEVELOPMENT REGULATIONS, CONCERNING ART IN PUBLIC PLACES, AND INVOLVEMENT IN THE SELECTION OF PUBLIC ART BY THE DESIGN REVIEW AND THE HISTORIC PRESERVATION BOARDS; AMENDING CHAPTER 82, ARTICLE VII, ART IN PUBLIC PLACES, DIVISION 1, SECTION 82-537, DEFINITIONS, TO ADD TWO MEMBERS OF THE DESIGN REVIEW OR HISTORIC PRESERVATION BOARDS TO THE PROFESSIONAL ADVISORY COMMITTEE, DEPENDING UPON THE LOCATION OF THE PROJECT AND THE RESPECTIVE BOARD'S JURISDICTION; AMENDING SECTIONS 118-71(2) AND 118-102(1) TO PROVIDE THAT THE JURISDICTION OF THE DESIGN REVIEW AND HISTORIC PRESERVATION BOARDS SHALL BE ADVISORY TO THE ART IN PUBLIC PLACES COMMITTEE ON THE SELECTION OF WORKS OF ART, AND TO PROVIDE THAT SUCH ADVICE BE PROVIDED PRIOR TO THE ART IN PUBLIC PLACES COMMITTEE'S RECOMMENDATION TO THE CITY COMMISSION; PROVIDING FOR CODIFICATION, SEVERABILITY, REPEALER AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission set the required public hearing for a time certain on October 17, 2001. ANALYSIS: The Mayor and City Commission have deemed it to be in the best interests of the citizens, residents, and visitors to the City of Miami Beach to promote Art in Public Places. The Art in Public Places Committee is responsible for determining the appropriateness of public art commissions with regard to site identification and selection of art. AGENDA ITEM DATE C7,l} ,/,Jo-or On May 16, 2001, the referral was made to the Land Use Committee to discuss the amendment to the Art in Public Places Ordinance to preclude other city boards from overriding public art recommendations after the selection process has been completed. On June 25th, 2001, the Land Use Committee approved the request to amend the Art in Public Places Ordinance, and the Historic Preservation and Design Review Ordinances accordingly. The item was then referred to the Planning Board to develop a comprehensive set of amendments to present to commission for approval. This item will be discussed by the Planning Board on September 25, 2001, the Historic Preservation Board on October 9, 2001, and the Design Review Board on October 16, 2001, prior to First Reading at the October 17, 2001 Commission Meeting. By adoption of the proposed amendments, the Art in Public Places review process will include input from Historic Preservation and Design Review Boards in advance and during the selection process on issues with regard to land use, sitting, hard surfaces, overall appropriateness and other urban issues. Such considerations will be noted prior to the commencement of the selection process in terms of the proposed project and will be considered essential criteria at the selection committee level. An exception to this procedure will be made in the instance of artwork located on the exterior of a historic building that would substantially alter the design of the building. In such cases, final selection will be brought back to the corresponding board for their opinion prior to Commission approval. It is necessary and appropriate, and in furtherance of the public health, safety and welfare, to provide for a coordinated review and approval process for such works of art, through the formal placement of two members of the Design Review Board or Historic Preservation Board on the Art in Public Places Professional Advisory Committees (PAC), depending upon the location of the project in relation to the respective Boards' jurisdiction, and through modification of the jurisdiction of such Boards over Art in Public Places projects. The Administration recommends that a Public Hearing be held on October 17, 2001 to consider the above described amendments to the City Code and the City's Land Development Regulations, in the City Commission Chambers at 1700 Convention Center Drive, Miami Beach, Florida and the City Clerk is hereby authorized and directed to publish and distribute the appropriate public notice of said public hearing at which time all interested parties will be heard. JMG:~JG:GH:JQ:jv T:\AGENDA\2001\sep2001\CONSENTlAiPP public hearing.doc