Loading...
Ord 03-09ORDINANCE NO. 03-09 AN ORDIN~?-NCE OF THE CITY CO14iMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 8.5.1, "ESTABLISI~[MENT OF PUBLIC ARTS PROGR~,IVI", SUBSECTION {C), "OWNERSHIP A,ND MAINTENANCE", TO PROVIDE THAT THE CITY MAY CONTRIBUTE FI:~dI}S THROUGH THE PUBLIC ARTS PROGRAM TO OTHER ENTITIES IN ORDER TO HELP Fti~ND PUBLIC ART; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, Al~TD AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on December 8, 20(}8 and voted 6 to 0 to recommend that the changes be approved; and V!JHEREAS, pursuant to Florida Statute 163.3174{4){c), the Planning and Zoning Baard, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies ofthe Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 8.5.1, "Establishment of Public Arts Program", Subsection {C), "Ownership and Maintenance", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: {C) Ownership and Maintenance: { 1) The City will own all the rights to the art produced under the Public Arts Programs except as set forth inparag_raphs 4 and 5 below, and subject to the provisions of the Visual Artists Rights Act of 1990. All contracts with artists and all art purchases will require the artist to waive the following restrictions; {i) Photographic reproduction rights; (ii} Right to remove/relocate art; {iii} Right to repair art in case of emergency. Artist will retain the copyright and the right to be notified if the work is to be destroyed, or modified or radically repaired on a nanemergency basis. (2) City will retain ownership ofproposal models ar drawings of canunissioned art. (3) Maintenance maybe the responsibility of the City. (4) If the City contributes funds for art that is placed on private property and does not hire the artist to perform the work, paragraph { 1) above shall not apply. If the City hires the artist to perform the work on private property then paragraph { 1) shall apply. However, if the City contributes funds for an art project that is located on private property, an agreement must be executed between the City and the property owner that sets forth the following: • Who will maintain the artwork; • The standard in which it will be maintained; • What rights, if any, that the City or some other third party will have regarding access to the artwork; • What remedies the City may have if the property owner fails to maintain the artwork in the manner set forth in the agreement; • The location of the artwork and requirements that nothing may be placed in front of the artwork to shield its view from the public; • The rights the public has to view or access to the artwork; • The time period in which the artwork will remain at the location set forth in the agreement and provisions for reimbursement of city funds, if required, if the a~~work is removed prior to that time period; • Once the required time period for the artwork to remain on the property, as set forth in the agreement, has expired and if the artwork is owned by the City, the City shall remove the artwork; if the artwork is not owned by the City, the City will not be responsible for its removal; • C}wnership of the artwork. The City may contribute funds, for art located on .public or private property, to an entity that is not the owner of the property but is devel~ing artwork for the pro~erty. If the City so chooses to contribute funds there shall be an agreement between the City and the entity receiving the funds, approved by the City Attorney, that shall include, but not be limited to, that the art shall z oRl~. Ala. ~~-o~ be visible by the public. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole ar part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall- became effective immediately upon its passage an second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 20Q9. 1~ rr~~`i ORD. N(~. 03-09 MEM(JRANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: January 12, 2009 STECT: AGENDA ITEM IO,C, -REGULAR COMMISSION MEETING OF JANUARY 20, 2009 ORUiNANCE NO, 03-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for a City initiated amendment to the Land Development Regulations (LDR) Section 8.5.1., "Establishment of Public Arts Program," to provide that the City may contribute funds through the Public Arts Program to other entities in order to help fund public art. BACKGROUND At the first reading on RECOMMENDATIC Recommend approval MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: December 31, 2008 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JANUARY 6 2009 ORDINANCE 03-09 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations to allow the City to contribute funds to an entity that is developing artwork for either public or private property not owned by the City. BACKGROUND The amendment will allow the City to contribute funds to an entity that is developing artwork for either public or private property they don't own. If the City opts to contribute such funds, an agreement must be approved by the City Attorney that must include provisions that such art be visible by the public. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on December 8, 2008. The Board unanimously recommended approval on a 6 to 0 vote, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 03-09 for aCity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 03-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 8.5.1, "ESTABLISHMENT OF PUBLIC ARTS PROGRAM", SUBSECTION (C), "OWNERSHIP AND MAINTENANCE", TO PROVIDE THAT THE CITY MAY CONTRIBUTE FUNDS THROUGH THE PUBLIC ARTS PROGRAM TO OTHER ENTITIES IN ORDER TO HELP FUND PUBLIC ART; PROVIDING A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on December 8, 2008 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174{4}{c}, the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies ofthe Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEh:EFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOV~S: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 8.5.1, "Establishment of Public Arts Program", Subsection {C}, "Ownership and Maintenance", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: {C} Ownership and Maintenance: {1} The City will own all the rights to the art produced under the Public Arts Program exce t as set forth in paragraphs 4 and 5 below, and subject to the provisions of the Visual Artists Rights Act of 1990. All contracts with artists and all art purchases will require the artist to waive the following restrictions: {i} Photographic reproduction rights; (ii) Right to remove/relocate art; (iii) Right to repair art in case of emergency. Artist will retain the copyright and the right to be notified if the work is to be destroyed, or modified or radically repaired on a nonemergency basis. (2) City will retain ownership of proposal models or drawings of commissioned art. (3) Maintenance may be the responsibility of the City. (4) If the City contributes funds for art that is placed on private property and does not hire the artist to perform the work, paragraph (1) above shall not apply. If the City hires the artist to perform the work on private property then paragraph (1) shall apply. However, if the City contributes funds for an art project that is located on private property, an agreement must be executed between the City and the property owner that sets forth the following: • ~Vho will maintain the artwork; • The standard in which it will be maintained; • What rights, if any, that the City or some other third party will have regarding access to the artwork; • What remedies the City may have if the property owner fails to maintain the artwork in the manner set forth in the agreement; • The location of the artwork and requirements that nothing may be placed in front of the artwork to shield its view from the public; • The rights the public has to view or access to the artwork; • The time period in which the artwork will remain at the location set forth in the agreement and provisions for reimbursement of city funds, if required, if the artwork is removed prior to that time period; • Once the required time period for the artwork to remain on the property, as set forth in the agreement, has expired and if the artwork is owned by the City, the City shall remove the artwork; if the artwork is not owned by the City, the City will not be responsible for its removal; • Ownership of the artwork. (~ The City may contribute funds, for art located on public or private prone , to an entity that is not the owner ofthe prox~erty but is developing artwork for the t~roperty. If the City so chooses to contribute funds there shall be an a~areement between the Cites and the entity receiving the funds, approved by the Cit~orney, that shall include, but not be limited to, that the art shall be visible by the public. 2 ORD. NO. -08 Section 4. That should any section or provision of this ordinance ar any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section S. That all ardinances ar parts of ardinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session an second and final reading on this the day of , 2048. ATTEST M A Y d R PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: DECEMBER 8, 2008 AGENDA NO: IV.F. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR}, AMENDING SECTION 8.5.1, "ESTABLISHMENT OF PUBLIC ARTS PROGRAM", SUBSECTION (C}, "OWNERSHIP AND MAINTENANCE", TO PROVIDE THAT THE CITY MAY CONTRIBUTE FUNDS THROUGH THE PUBLIC ARTS PROGRAM TO OTHER ENTITIES IN ORDER TO HELP FUND PUBLIC ART. ' ITEM'BEFORE THE BO=ARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to hand Development Regulations {LDRs) that will allow the City to contribute funds to an entity that is developing artwork for either public or private property they don't own. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. `' BACKGROtwIND1ANALYSIS The amendment will allow the City to contribute funds to an entity that is developing artwork for either public or private property they don't awn. If the City opts to contribute such funds, an agreement must be approved by the Gity Attorney that must include provisions that such art be visible by the public. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5{M){5} {Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Relevant sections of the Comprehensive Plan are cited below: Policy C-8.1 The City of Delray Beach hereby acknowledges the role of Culture and the Arts in Economic Development and pledges in pursuit of a theme of this Comprehensive Plan -- A Renaissance Gommunity -- the promotion of the arts and accommodation of cultural activities for economic development ends. This amendment is consistent with the Comprehensive Plan as it continues the Public Arks Program in the City. The amendment increases the flexibility for City contributions for artwork and ensures, at a minimum, that the ark will be visible by the public for their enjoyment. Planning and Zoning Board Meeting, December 8, 20D$ LDR. Amendment -Public Arks Program REVIEW i3Y ©THERS Gourtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ~~ ALTERNATIVE ACTIONS A, Continue with direction, B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 8.5.1, "Establishment of Public Arts Program", Subsection (c}, "ownership and Maintenance", by adapting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) G, Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 8.5.1, "Establishment of Public Arts Program", Subsection (c), "ownership and Maintenance", by adapting the findings of fact and law captained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECaMMENDED AGTIt}N , D. Recommend approval of the amendment to Land Development Regulations, Section 8.5.1, "Establishment of Public Arts Program", Subsection (c), "ownership and Maintenance", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) attachment: • proposed ordinance 2 c~ : 1~i` 14A Boca RatonlDelray Beach News -Friday & Saturday, January 9-10, 2009 • www.bacanews.com ~TC?1`IfES 100 ANNOUNCEMENTS " C(iY OF OELflAY BEACN,FIORlDA NOTICE OF PUBLIC HEAflINO A PUBLIC HEAP"~-: x711 be held on the rollowing ~ 'ordinance at 7:06 p.m. an ~ ~ t, JANUARY ~. 20, 2009 (or al any continuation of sucfi meeting which i5 Set by the Commission), M the City Ccmmiss'-i Chambers,"100 N.W. 1st A~ C - ray Beach, Fhrida, at wfiicn ., City Commission will cons er ns adoption. The proposed ortlinanoe may lee irrspectdd at the OMce at the Cshr Gkrk ai City HaP, 100 N,W. is' AvEnve, Delray Beach, Florida, be- tween ~ hours of $~00 am. and 5:00 p.m, Monday Iheovgh kidag except holidays. Atl interested parries are im vRed W ane~ amt be heard wile re- spect Io 1he ~oposed wdlnance. ORQlNANCE E1O.03A9 AN ORDtNANCE OF THE CITY COM- MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY OF DELRAY BEACH; FLORIDA, BY AMENDING SECTION $.S.t, "ESTABLISHMENT OF PUBLIC ARTS PROGRAM°, SUB• SECTION {C), "OWNERSHIP AN6 MAWT£NANCE', TO PROVIDE THAT" THE CITY MAY CONTRIBUTE FUNDS THROUGH THE PUBLIC ARTS PROGRAM TO OTHER EN- TttIES 1N OftDER TO NELP FUND PI~LlC ART; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, ANU AN EFFECTlYE DATE. Please be advised That "rf a person de~ atlas to appea' ^^~+ n made by the City Corru,... ;. respect to any matter m~ :... _LAr Ihese hea{- irtgs, swA+ F~-s~ ~^~z; no.d m ensure that a verbar~m raw~d includes the to~timony and evidence upon which Iha appeal is to be based. The City doss not provide nm-prepa<e Such eeolyd pursuant to FS.286.0105. CITY tIF DE[RAY BEACH Cheveee D. Nubin, CMC City CAark' PuNsh: FraJay, January 9, 2009 Baca RatonJDefrry Eaach News i