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Ord 12-12i T - ORDINANCE NO. 12 -12 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 (B), "APPROPRIATION OF CAPITAL IMPROVEMENT PROJECT (CIP FUNDS) ", SETTING FORTH THE CITY'S RIGHT TO USE APPROPRIATED FUNDS; 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 February 27, 2012 and voted 3 to 1 to recommend that the changes not 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 not consistent with and does not further the goals, objectives and policies of the 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 (B), "Appropriation of Capital Improvement Project (CIP) Funds ", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (B) Appropriation of Capital Improvement Project (CIP) Funds: (1) The City will appropriate 1.5% of the total eligible construction costs to be used for artist design services and for the selection, acquisition and display of artworks, and for the administration of the public art program or as otherwise appropriated in the City budget. Eligible appropriations include appropriations for capital improvement projects, including eligible bond projects, eligible grant - funded projects, other eligible capital projects funded from other sources, but excluding appropriations for underground infrastructure improvements, which include, but are not limited to water mains, sewer main, storm drainage, wastewater or any other underground utility. The involvement of public art in a capital improvement project is optional for capital projects of less than two hundred thousand dollars ($200,000.00); however, 1.5% of the cost of the projects will be retained for public art and these funds will be pooled for other art projects or as otherwise appropriated in the City budget. If the funding source specifically restricts the use of the monies, then that portion of the funding shall not be included for the basis for the art fee. (2) Notwithstanding the foregoing, funds appropriated for one capital improvement project, but not deemed necessary or appropriate by the City Commission in whole or in part for that project, may be expended on other public art projects approved by the City Commission, subject to bond restrictions, legal or grant restrictions. The monies appropriated under this ordinance may be used for artist design services, for the development of design concepts and models, for the selection, acquisition, purchase, commissioning, placement, installation, exhibition, maintenance, and display of artworks. Artworks may be temporary or permanent, may be integral to the architecture or may be incorporated into the capital improvement project. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading and this amendment shall apply to funds that have already been collected. PASSED AND ADOPTED in regular session on second and fin eading on this 20 ay of March, 2012. ATTEST MAYOR �. �� City Clerk First Reading Second Readin 2 ORD NO. 12 -12 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 7, 2012 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF MARCH 20, 2012 ORDINANCE NO. 12-12 ITEM BEFORE COMMISSION Page 1 of 1 This ordinance is before Commission for second reading to consider a city - initiated amendment to the Land Development Regulations (LDR) Section 8.5.1, "Establishment of Public Arts Program ", Subsection (B), "Appropriation of Capital Improvement Project (CIP Funds) ", setting forth the right to use funds as appropriated in the City's budget. BACKGROUND At the first reading on March 6, 2012, the Commission passed Ordinance No. 12 -12. RECOMMENDATION Recommend approval of Ordinance No. 12 -12 on second and final reading. http: // itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID =5421 &MeetingID =348 3/23/2012 ORDINANCE NO. 12 -12 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 (B), "APPROPRIATION OF CAPITAL IMPROVEMENT PROJECT (CIP FUNDS) ", SETTING FORTH THE CITY'S RIGHT TO USE APPROPRIATED FUNDS; 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 February 27, 2012 and voted 3 to 1 to recommend that the changes not 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 not consistent with and does not further the goals, objectives and policies of the 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 (B), "Appropriation of Capital Improvement Project (CIP) Funds ", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (B) Appropriation of Capital Improvement Project (CIP) Funds: (1) The City will appropriate 1.5% of the total eligible construction costs to be used for artist design services and for the selection, acquisition and display of artworks, and for the administration of the public art program or as otherwise appropriated in the City budget. Eligible appropriations include appropriations for capital improvement projects, including eligible bond projects, eligible grant- funded projects, other eligible capital projects funded from other sources, but excluding appropriations for underground infrastructure improvements, which include, but are not limited to water mains, sewer main, storm drainage, wastewater or any other underground utility. The involvement of public art in a capital improvement project is optional for capital projects of less than two hundred thousand dollars ($200,000.00); however, 1.5% of the cost of the projects will be retained for public art and these funds will be pooled for other art projects or as otherwise appropriated in the City budget. If the funding source specifically restricts the use of the monies, then that portion of the funding shall not be included for the basis for the art fee. (2) Notwithstanding the foregoing, funds appropriated for one capital improvement project, but not deemed necessary or appropriate by the City Commission in whole or in part for that project, may be expended on other public art projects approved by the City Commission, subject to bond restrictions, legal or grant restrictions. The monies appropriated under this ordinance may be used for artist design services, for the development of design concepts and models, for the selection, acquisition, purchase, commissioning, placement, installation, exhibition, maintenance, and display of artworks. Artworks may be temporary or permanent, may be integral to the architecture or may be incorporated into the capital improvement project. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading and this amendment shall apply to funds that have already been collected. PASSED AND ADOPTED in regular session on second and final reading on this the day of )2012. ATTEST City Clerk First Reading; Second Reading - MAYOR 2 ORD. NO.12 -12 Coversheet MEMORANDUM TO: Mayor and City Commissioners Page 1 of 1 FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: February 29, 2012 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF MARCH 6, 2012 ORDINANCE NO. 12-12 ITEM BEFORE COMMISSION Approval of a city- initiated amendment to the Land Development Regulations (LDRs) Public Arts Program clarifying the City's right to use funds as appropriated in the City's budget. BACKGROUND The City Commission established a Public Arts Program on February 1, 2005 by enacting Ordinance No. 77 -04. The purpose was to use part of the Capital Improvement Project dollars to incorporate art in certain public projects. Current Land Development Regulations allow for the City to appropriate 1.5% of the total eligible construction costs to be used for various components of the public art program. In the recent budget revisions, Public Art Program monies, along with other Capital Improvement Project dollars, were considered for reallocation. This LDR amendment would clarify that the public art program funds can be utilized for not only public art programs, but for other purposes as otherwise appropriated in the City Budget. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at their February 27, 2012 meeting. Several members of the public spoke in opposition to the amendment. After considerable Board discussion, a recommendation of denial on a 3 -1 vote was made. (Mark Krall dissenting). RECOMMENDATION By motion, approve Ordinance No. 12 -12 on first reading for a city - initiated amendment to Section 8.5.1, "Establishment of Public Arts Program ", Subsection (B), "Appropriation of Capital Improvement Project (CIP Funds)" of 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. http:// itwebapp / Agendalntranet /Bluesheet.aspx ?ItemlD= 5406 &MeetinglD =346 3/7/2012 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: FEBRUARY 27, 2012 AGENDA NO: V. E. AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 8.5.1, "ESTABLISHMENT OF PUBLIC ARTS PROGRAM ", SUBSECTION (B), "APPROPRIATION OF CAPITAL IMPROVEMENT PROJECT (CIP FUNDS) ", SETTING FORTH THE CITY'S RIGHT TO USE APPROPRIATED FUNDS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a city - initiated amendment to the Land Development Regulations (LDRs) that will set forth the City's right to use appropriated funds. 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. BACKGROUND The City Commission established a Public Arts Program on February 1, 2005 by enacting Ordinance No. 77 -04. The purpose was to use part of the Capital Improvement Project dollars to incorporate art in certain public projects. Current Land Development Regulations allow for the City to appropriate 1.5% of the total eligible construction costs to be used for various components of the public art program. In the recent budget revisions, Public Art Program monies, along with other Capital Improvement Project dollars, have been reallocated. This LDR amendment would clarify that the public art program funds can be utilized for not only public art programs, but for other purposes as otherwise appropriated in the City Budget. 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. While there were no specific sections of the Comprehensive Plan to support the proposed amendment, it is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Alliance of Delray Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION This amendment will allow additional flexibility of Capital Improvement Program monies which are currently allocated primarily for public art program functions. 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 (B), "Appropriation of Capital Improvement Project (CIP Funds) ", Setting Forth the City's Right To Use Appropriated Funds, 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) C. 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 (B), "Appropriation of Capital Improvement Project (CIP Funds) ", Setting Forth the City's Right To Use Appropriated Funds, by adopting the findings of fact and law contained 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). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 8.5.1, "Establishment of Public Arts Program ", Subsection (B), "Appropriation of Capital Improvement Project (CIP Funds) ", Setting Forth the City's Right To Use Appropriated Funds, 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