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