Ord 77-04
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ORDINANCE NO. 77-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY ENACTING ARTICLE 8.5,
"PUBLIC ART", BY ESTABLISHING A PUBLIC ARTS
PROGRAM; BY ESTABLISHING A PUBLIC ART
ADVISORY BOARD; PROVIDING GENERAL
PROVISIONS FOR ITS ORGANIZATION AND
OPERATION; BY AMENDING APPENDIX "A",
"DEFINITIONS", PROVIDING FOR CERTAIN TERMS
REGARDING THIS ORDINANCE; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING 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 20,2004, and
voted 5 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 of the Comprehensive Plan.
WHEREAS, the City of Delray Beach recognizes that a superior and diverse aesthetic
character of the city's built environment is vital to the quality of the life of its citizens, the economic
success of its businesses, an attraction for visitors and a benefit to tourism; and that a public arts
program would contribute to the aesthetic enhancement of the community;
WHEREAS, the City shall create a public arts program that reflects and enhances the City's
diversity, character and heritage through the artworks and designs by artists integrated in the
architecture, streets and landscape throughout Delray Beach;
WHEREAS, the City Commission of the City of Delray Beach deems it to be in the
public's interest to promote the welfare and advancement of the community through the creation of
the Public Arts Program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Article 8.5, "Public Art", of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida is hereby enacted to read as follows:
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Article 8.5 Public Arts Program:
Section 8.5.1 Establishment of Public Arts Program:
(A) Purpose The City Commission desires to establish a Public Arts Program.
The City desires to use part of the Capital Improvement Project dollars to incorporate art in certain
public projects.
(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. 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. 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.
(C) Ownership and Maintenance
(1) The City will own all the rights to the art produced under the Public Arts
Program, 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.
2
ORDINANCE NO. 77-04
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I
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 will be the responsibility of the City.
Section 8.5.2
Public Art Advisory Board:
(A) The Public Art Advisory Board is hereby established as an advisory body to the
City Commission pursuant to the provisions set forth herein and shall render an advisory opinion
to City Commission regarding, but not limited to, the following:
(1) The suitability of the construction project as a location for works of art;
(2) The nature of the works of art which are most appropriate for the
construction project; and
(3) The best method for securing the recommended works of art.
(B) The Public Art Advisory Board is hereby created for the purpose of advising and
making recommendations to the City Commission with respect to public art policy and related
issues including, but not limited to, the selection, construction and placement of public art in/on
City right-of-way and City owned property. The Advisory Board, when making its
recommendation, shall consider the following guidelines:
(1) Whether the proposed public art conforms to the definition of public art;
(2) Whether the proposed public art is compatible with the neighborhood and
not injurious to the neighborhood or otherwise detrimental to the public
welfare;
(3) Whether the proposed public art presents a safety hazard to the public;
(4) Whether the proposed public art is of exceptional quality and enduring
value;
(5) Whether the proposed public art serves to further the City's goal of
promoting cultural diversity;
3
ORDINANCE NO. 77-04
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(6) Whether the proposed public art is appropriate to the site;
(7) Whether the proposed public art should be installed at the proposed
location on a site or at a different location;
(8) Whether the proposed public art requires extraordinary maintenance, such
as any special servicing due to periodic adjustment, repairing, or repair or
replacement of moving parts.
(C) The Public Art Advisory Board shall consist of seven (7) members. Three seats on
the board must be filled with either an artist, architect, landscape architect or engineer. The
appointing body shall endeavor to appoint as many disciplines as possible to the board. Lay
persons of knowledge, experience and judgment who have an interest in public art shall make up
the balance of the board. The City Commission shall appoint all members of the Public Art
Advisory Board.
(D) The members of the Public Art Advisory Board shall serve for terms of two (2)
years, except that the members of the first board to serve shall be appointed so that three (3)
members shall serve one (1) year terms and four (4) members shall serve two (2) year terms. It is
further provided that no member may serve more than two successive terms on the Public Art
Advisory Board.
(E) The Public Art Advisory Board shall make recommendations to the City
Commission regarding constructing, placing or installing public art into CIP projects.
(F) The Public Art Advisory Board shall be organized and shall operate as follows:
(1) The Public Art Advisory Board shall elect a Chairperson and
Vice-Chairperson to preside at its meetings and any other officers the board
may deem necessary.
(2) The Public Art Advisory Board shall hold meetings on a regular basis at
least once monthly, if necessary, which meetings shall be open to the public.
Minutes shall be kept of all such meetings, and any special meetings, with
copies of said minutes and any other reports to be transmitted to the City
Commission and the City Manager.
(3) The Public Art Advisory Board shall have technical and logistical support
provided as designated by the City Manager.
4
ORDINANCE NO. 77-04
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(4) The Public Art Advisory Board shall review and make recommendations on
all CIP projects, above $200,000.00, (it may review, in its discretion, CIP
projects under $200,000.00), to the City Commission.
(5) The Public Art Advisory Board shall be subject to the provisions of Chapter
32, "Departments, Boards and Commissions", of the Code of Ordinances
and Article 2.2, "Establishment of Boards Having Responsibilities for Land
Development Regulations", of the Land Development Regulations of the
of the Code of Ordinances of the City of Delray Beach, except as provided
is Section 8.5.
Section 2. That Appendix A, "Definitions", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida is hereby amended by adding the following
definitions to read as follows:
"Artist" or "Professional Artist" means a practicing fine artist, generally recognized by
critics and peers as a professional of serious intent and ability. Indications of a person's status as a
professional artist include, but are not limited to, income realized through the sole commission of
artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or
museums, receipt of honors and awards, and training in the arts.
"Artwork" or ''Works of Art" means tangible creations by artists exhibiting the highest
quality of skill and aesthetic principles and includes all forms of visual art conceived in any medium,
material, or combination thereof, including paintings, sculptures, statues, engravings, carvings,
frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs, video projections, digital
images, bas-relief, high relief, fountains, kinetic, functional furnishings such as artist designed
seating and pavers, architectural elements designed by an artist, and artist designed landforms or
landscape elements.
"Capital Improvement Project" means all construction projects, excluding underground
infrastructure projects (which include. but are not limited to water mains. sewer main. storm
drainage. wastewater or any other underground utility), included in the City's Capital Improvement
Annual Plan involving construction of new capital facilities, additions to capital facilities, or major
remodeling of capital facilities. Land, equipment purchases, repair, software, personal property
purchases and maintenance costs are excluded. ..A...lso exeltIded R're projeets that are ftæded B)
eaterpr1se fuads.
"Public Art" means Artwork or Works of Art that are located in the public right-of-way or
on City owned property or located on structures that are located in the public right-of-way or on
City owned property.
5
ORDINANCE NO. 77-04
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Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective upon adoption on second and
final reading.
\~ASSED A~~OPTED in regular session on second and final reading on this
the _ day of ~... to..... ~ ... j , 20<1.3 .
A TIEST
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City Clerk ~ \ <t \)::,
First Reading ~" \
Second Reading ~ \, \~
6
ORDINANCE NO. 77-04
MEMORANDUM
FROM:
MAYOR AND CI1Y COMMISSIONERS
CITY MANAGER ßfí1
TO:
SUBJECT:
AGENDA ITEM # '0 €:> - REGULAR MEETING OF FEBRURY 1.. 2005
ORDINANCE NO. 77-04 (PUBLIC ART PROGRAM)
JANUARY 28, 2005
DATE:
This ordinance is before Commission for second reading and public hearing for a City initiated
amendment to the Land Development Regulations (LDR) enacting Article 8.5, "Public Art", to
establish a public art program.
The proposed amendment requires the City to 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.
This ordinance would establish a Public Art Advisory Board created for the purpose of advising and
making recommendations to the Commission with respect to public art policy and related issues
including, but not limited to, the selection, construction, and placement of public art in/on City right-
of-way and City owned property. The ordinance also amends Appendix A, "Definitions", to provide
definitions of "Artist" or "Professional Artist", "Artwork", ''Works of Art", "Capital Improvement
Project", and "Public Art".
On December 20, 2004, the Planning and Zoning Board held a public hearing regarding this item.
The Board voted 5-0 to recommend to the City Commission approval of the proposed amendment,
by adopting the findings of fact and law contained in the staff report, and fmding that the request is
consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 2.4.5(M)
(Amendment to the Land Development Regulations).
The ordinance was revised on January 18,2005 to include clarification to the word "infrastructure".
At the first reading on January 18,2005, the City Commission passed the Ordinance No. 77-04.
Recommend approval of Ordinance No. 77-04 on second and final reading.
S:\City Clerk\agenda memos\Ord.77-04 Public Art Program.02.01.05
MEMORANDUM
SUBJECT:
MAYOR AND CI1Y COMMISSIONERS
CITY MANAGER t1l1
AGENDA ITEM # \ ~A. - REGULAR MEETING OF JANUARY 18.. 2005
ORDINANCE NO. 77-04 (PUBLIC ART PROGRAM)
TO:
FROM:
DATE:
JANUARY 14,2005
Regarding the attached Ordinance No. 77-04 establishing a Public Art Program, I have some concerns
about the "Capital Improvement Project" defmition. Specifically, the defmition excludes infrastructure
projects, and I do not know what is meant by infrastructure projects. The defmition also excludes projects
funded by enterprise funds. Enterprise funds sometimes fmance buildings, such as ground storage tanks
for our water system or the golf course clubhouse. When enterprise funds fmance buildings, I think such
projects should be included.
Staff will work on these issues before the Commission meeting Tuesday evening, and may have some
amendments to offer at that time.
S:\City Clerk\agenda memos\Ord 77-04 Public Art Program.OU8.0S
61<
ðJ1
CITY COMMISSION DOCUMENTATION
TO:
FROM:
D~R~' Y!"IANAGER
PAUL DORLING, DI TOR OF PLANNING AND ZONING
MEETING OF JANU Y 18, 2005
CITY-INITIATED LDR AMENDMENT INVOLVING THE ENACTMENT OF
ARTICLE 8.5 ESTABLISHING A "PUBLIC ARTS PROGRAM; BY
ESTABLISHING A PUBLIC ARTS ADVISORY BOARD; AND PROVIDING
GENERAL PROVISION FOR ITS ORGANIZATION AND OPERATION; AND
AMENDING THE DEFINITION SECTION OF THE LDRS."
SUBJECT:
BACKGROUND
The proposed amendment requires the City to 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 arts program. Eligible appropriations include
appropriations for capital improvement projects, eligible bond projects, grant-funded projects,
and other eligible capital projects funded from other sources, but exclude appropriations for
infrastructure improvements.
The ordinance would establish a Public Art Advisory Board created for the purpose of advising
and making recommendations to the City Commission with respect to public art policy and
related issues including, but not limited to, the selection, construction and placement of public
art in/on City right-of-way and City owned property. The ordinance also amends Appendix A,
"Definitions", section of the Land Development Regulations providing definitions of "Artist" or
"Professional Artist", "Artwork", "Works of Art", "Capital Improvement Project", and "Public Art".
The amendment meets the goals, objectives and policies of the Comprehensive Plan including
Future Land Use Element Objective C-3, Future Land Use Element Policy C-3.1, Future Land
Use Element Objective C-4, and Future Land Use Element Policy C-4.2.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board considered the request at their meeting of December 20, 2004
and unanimously recommended approval. The proposed amendment was reviewed by the
CRA on December 9, 2004 and they recommended approval. The DDA also reviewed the
amendment at their December 13, 2004 meeting and recommended approval.
RECOMMENDED ACTION
By motion, approve the proposed amendment to enact a new Article 8.5 establishing a Public
Arts Program, establishing a Public Arts Advisory Board, providing general provisions for the
organization and operation and amending the definition section of the LOR by adopting the
findings of fact and law contained in the staff report and finding that the request is consistent
with the Comprehensive Plan and meets the criteria set forth in LOR Section 2.4.5 (M) (5).
Attachment: Proposed Ordinance
ORDINANCE NO. 77-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY ENACTING ARTICLE 8.5,
"PUBLIC ART", BY ESTABLISHING A PUBLIC ARTS
PROGRAM; BY ESTABLISHING A PUBLIC ART
ADVISORY BOARD; PROVIDING GENERAL
PROVISIONS FOR ITS ORGANIZATION AND
OPERATION; BY AMENDING APPENDIX "A",
"DEFINITIONS", PROVIDING FOR CERTAIN TERMS
REGARDING THIS ORDINANCE; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING 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 20,2004, and
voted 5 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 of the Comprehensive Plan.
WHEREAS, the City of Delray Beach recognizes that a superior and diverse aesthetic
character of the city's built environment is vital to the quality of the life of its citizens, the economic
success of its businesses, an attraction for visitors and a benefit to tourism; and that a public arts
program would contribute to the aesthetic enhancement of the community;
WHEREAS, the City shall create a public arts program that reflects and enhances the City's
diversity, character and heritage through the artworks and designs by artists integrated in the
architecture, streets and landscape throughout Delray Beach;
WHEREAS, the City Commission of the City of Delray Beach deems it to be in the
public's interest to promote the welfare and advancement of the community through the creation of
the Public Arts Program.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Article 8.5, "Public Art", of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida is hereby enacted to read as follows:
Article 8.5
Public Arts Program:
Section 8.5.1
Establishment of Public Arts Program:
(A) Purpose The City Commission desires to establish a Public Arts Program.
The City desires to use part of the Capital Improvement Project dollars to incorporate art in certain
public projects.
(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. 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. 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.
(C) Ownership and Maintenance
(1) The City will own all the rights to the art produced under the Public Arts
Program, 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.
2
ORDINANCE NO. 77-04
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 will be the responsibility of the City.
Section 8.5.2
Public Art Advisor.y Board:
(A) The Public Art Advisory Board is hereby established as an advisory body to the
City Commission pursuant to the provisions set forth herein and shall render an advisory opinion
to City Commission regarding, but not limited to, the following:
(1) The suitability of the construction project as a location for works of art;
(2) The nature of the works of art which are most appropriate for the
construction project; and
(3) The best method for securing the recommended works of art.
(B) The Public Art Advisory Board is hereby created for the purpose of advising and
making recommendations to the City Commission with respect to public art policy and related
issues including, but not limited to, the selection, construction and placement of public art in/on
City right-of-way and City owned property. The Advisory Board, when making its
recommendation, shall consider the following guidelines:
(1) Whether the proposed public art conforms to the definition of public art;
(2) Whether the proposed public art is compatible with the neighborhood and
not injurious to the neighborhood or otherwise detrimental to the public
welfare;
(3) Whether the proposed public art presents a safety hazard to the public;
(4) Whether the proposed public art is of exceptional quality and enduring
value;
(5) Whether the proposed public art serves to further the City's goal of
promoting cultural diversity;
3
ORDINANCE NO. 77-04
(6) Whether the proposed public art is appropriate to the site;
(7) Whether the proposed public art should be installed at the proposed
location on a site or at a different location;
(8) Whether the proposed public art requires extraordinary maintenance, such
as any special servicing due to periodic adjustment, repairing, or repair or
replacement of moving parts.
(C) The Public Art Advisory Board shall consist of seven (7) members. Three seats on
the board must be filled with either an artist, architect, landscape architect or engineer. The
appointing body shall endeavor to appoint as many disciplines as possible to the board. Lay
persons of knowledge, experience and judgment who have an interest in public art shall make up
the balance of the board. The City Commission shall appoint all members of the Public Art
Advisory Board.
(D) The members of the Public Art Advisory Board shall serve for terms of two (2)
years, except that the members of the first board to serve shall be appointed so that three (3)
members shall serve one (1) year terms and four (4) members shall serve two (2) year terms. It is
further provided that no member may serve more than two successive terms on the Public Art
Advisory Board.
(E) The Public Art Advisory Board shall make recommendations to the City
Commission regarding constructing, placing or installing public art into CIP projects.
(F) The Public Art Advisory Board shall be organized and shall operate as follows:
(1) The Public Art Advisory Board shall elect a Chairperson and
Vice-Chairperson to preside at its meetings and any other officers the board
may deem necessary.
(2) The Public Art Advisory Board shall hold meetings on a regular basis at
least once monthly, if necessary, which meetings shall be open to the public.
Minutes shall be kept of all such meetings, and any special meetings, with
copies of said minutes and any other reports to be transmitted to the City
Commission and the City Manager.
(3) The Public Art Advisory Board shall have technical and logistical support
provided as designated by the City Manager.
4
ORDINANCE NO. 77-04
(4) The Public Art Advisory Board shall review and make recommendations on
all CIP projects, above $200,000.00, (it may review, in its discretion, CIP
projects under $200,000.00), to the City Commission.
(5) The Public Art Advisory Board shall be subject to the provisions of Chapter
32, "Departments, Boards and Commissions", of the Code of Ordinances
and Article 2.2, "Establishment of Boards Having Responsibilities for Land
Development Regulations", of the Land Development Regulations of the
of the Code of Ordinances of the City of Delray Beach, except as provided
is Section 8.5.
Section 2. That Appendix A, "Definitions", of the Land Development Regulations of the
Code of Ordinances of the City of Delray Beach, Florida is hereby amended by adding the following
definitions to read as follows:
"Artist" or "Professional Artist" means a practicing fine artist, generally recognized by
critics and peers as a professional of serious intent and ability. Indications of a person's status as a
professional artist include, but are not limited to, income realized through the sole commission of
artwork, frequent or consistent art exhibitions, placement of artwork in public institutions or
museums, receipt of honors and awards, and training in the arts.
"Artwork" or ''Works of Art" means tangible creations by artists exhibiting the highest
quality of skill and aesthetic principles and includes all forms of visual art conceived in any medium,
material, or combination thereof, including paintings, sculptures, statues, engravings, carvings,
frescos, stained glass, mosaics, mobiles, tapestries, murals, photographs, video projections, digital
images, bas-relief, high relief, fountains, kinetic, functional furnishings such as artist designed
seating and pavers, architectural elements designed by an artist, and artist designed landforms or
landscape elements.
"Capital Improvement Project" means all construction projects, excluding underground
infrastructure projects (which include. but are not limited to water mains. sewer main. storm
drainage. wastewater or any other underground utility), included in the City's Capital Improvement
Annual Plan involving construction of new capital facilities, additions to capital facilities, or major
remodeling of capital facilities. Land, equipment purchases, repair, software, personal property
purchases and maintenance costs are excluded. Also exeklded are projeets that afe fuaded by
eaterpåse fuads.
"Public Art" means Artwork or Works of Art that are located in the public right-of-way or
on City owned property or located on structures that are located in the public right-of-way or on
City owned property.
5
ORDINANCE NO. 77-04
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective upon adoption on second and
fmal reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the _ day of , 200_.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
6
ORDINANCE NO. 77-04
U~lRAY 8~ACH
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2001
PLANNING AND ZONING BOARD
MEMORANDUM STAFF REPORT
DElRA Y BEACH
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AlJ..Am8rlcaCity
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MEETING DATE: DECEMBER 20,2004
AGENDA ITEM: IV.D. - CITY-INITIATED LDR AMENDMENT INVOLVING THE
ENACTMENT OF ARTICLE 8.5 ESTABLISHING A" PUBLIC ARTS
PROGRAM; BY ESTABLISHING A PUBLIC ARTS ADVISORY
BOARD; AND PROVIDING GENERAL PROVISION FOR ITS
ORGANIZATION AND OPERATION; AND AMENDING THE
DEFINITION SECTION OF THE LDRS.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to the Land Development Regulations that will enact a new
Article 8.5 to create a Public Arts Program, pursuant to LOR Section 2.4.5(M)(5).
Pursuant to Section 1.1.6 (A), an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND
On August 20, 2002, following a recommendation by Richard McGloin, the City
Commission established a Public Arts Task Force via Resolution No. 67-02. The purpose
of the Task Force was to identify the methods, process, criteria and potential funding
sources for incorporation of pubic art into future development projects within the City. A
draft proposal for a Public Arts Program in Delray Beach was produced on February 28,
2003.
At the City Commission workshop, held on April 8' 2003, the Task Force provided a
presentation outlining its findings and recommendations. On April 15, 2003, the City
Commission established the Public Arts Implementation Committee via Resolution No. 26-
03. The purpose of the Committee was to establish the not-for-profit corporation to
administer the program and to work with City staff to outline procedures necessary to
implement the City Public Arts Ordinance.
On July 13, 2004 the Public Arts Implementation Committee presented their
recommendations to the City Commission at a special workshop. These recommendations
have been incorporated into the ordinance creating the Public Arts Program now before
the Board for recommendation.
IV.F
Planning and Zoning Board Staff Report
LDR Amendment -Public Arts Ordinance
Page 2
ANALYSIS
The purpose of the proposed Delray Beach Arts Program is to reflect and enhance the
City's diversity, character and heritage through the artworks and designs of artists in
architecture, infrastructure and landscape throughout Delray Beach on public and private
property.
The amendment requires the City to 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 arts program. 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 infrastructure improvements. 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. 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.
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 (if
applicable) and/or other aspects of the capital improvement project.
The ordinance would also establish a Public Art Advisory Board created for the purpose of
advising and making recommendations to the City Commission with respect to public art
policy and related issues including, but not limited to, the selection, construction and
placement of public art in/on City right-of-way and City owned property. The Public Art
Advisory Board shall consist of seven (7) members. Three seats on the Board must be
filled with either an artist, architect, landscape architect or engineer. The City Commission
shall appoint all members of the Public Arts Advisory Board and shall endeavor to appoint
as many disciplines as possible to the Board. Lay persons of knowledge, experience and
judgment who have an interest in public art shall make up the balance of the Board. The
members of the Public Arts Advisory Board shall serve for terms of two (2) years, except
that the members of the first Board to serve shall be appointed so that three (3) members
shall serve one (1) year terms and four (4) members shall serve two (2) year terms. It is
further provided that no member may serve more than two successive terms on the Public
Arts Advisory Board.
The ordinance also amends Appendix A, "Definitions", section of the Land Development
Regulations providing definitions of "Artist" or "Professional Artist", "Artwork", "Works of
Art", "Capital Improvement Project", and "Public Art".
The program, as proposed, will enhance the aesthetic character of the City's built
environment, which is vital to the quality of life of its citizens and the continued economic
Planning and Zoning Board Staff Report
LDR Amendment -Public Arts Ordinance
Page 3
success of the City and its businesses. For Delray Beach to remain competitive as nearby
cities begin to revitalize themselves, new ways to attract people seeking something new
and different must be found to sustain the economic vitality, character and charm of our
City. This initiative is being pursued to accommodate this goal.
REQUIRED FINDINGS
LDR Section 2.4.5(M)(5), Amendment to the Land Development Reaulations,
Findinas: In addition to the provisions of Section 1.1.6{A), the City Commission
must make a finding that the text amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan.
Future Land Use Element Objective C-3:
Economic development is an essential component of the redevelopment and renewal
efforts which are directed to the future of the City of Delray Beach. Specific efforts for the
coordination and provision of economic development activities shall be centered in the City
Administration's Development Services Management Group. Those efforts shall be
governed by the following policies.
Future Land Use Element Policy C-3.1: 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 Community -- the promotion of the
arts and accommodation of cultural activities for economic development ends.
Future Land Use Element Objective C-4:
The Central Business District (CBD) represents the essence of what is Delray Beach i. e. a
"village like, community by the sea". The continued revitalization of the CBD is essential to
achieving the overall theme of the City's Comprehensive Plan of '~ City Set Apart In South
Florida". The following policies and activities shall be pursued in the achievement of this
objective.
Future Land Use Element Policy C-4.2: The "Downtown Delray Beach Master Plan" was
adopted by the City Commission on March 19, 2002. Covering the downtown business
districts surrounding the Atlantic A venue corridor between 1-95 and A-1-A, it represents the
citizens' vision for the growth and unification of Delray Beach, while still retaining the
"village like, community by-the-sea" character of the CBD. The Plan addresses a wide
range of issues including infill development, neighborhood parks, shared parking, public
art, the roadway and alleyway systems, marketing/economic development, and the need
to modify the Land Development Regulations to include design guidelines to retain the
character of Delray Beach. Future development and redevelopment in this area shall be
consistent with the Master Plan.
Planning and Zoning Board Staff Report
LOR Amendment -Public Arts Ordinance
Page 4
Therefore, the initiation of a Public Arts Program will further the Goals, Objectives, and
Policies of the Comprehensive Plan in accordance with LDR Section 2.4.5(M)(5).
REVIEW BY OTHERS
Community Redevelopment Agency (CRA): The proposed amendment was reviewed
by the CRA on December 9, 2004 and recommended approval of the current ordinance.
Downtown Development Authority (DDA): The proposed amendment was reviewed by
the DDA at its December 13, 2004 meeting and the Board recommended approval.
ALTERNATIVE ACTIONS
1. Continue with direction.
2. Recommend approval of the proposed amendment to enact a new Article 8.5
establishing a Public Arts Program, establishing a Public Arts Advisory Board,
providing general provisions for the organization and operation and amending the
definition section of the LDR by adopting the findings of fact and law contained in
the staff report and finding that the request is consistent with the Comprehensive
Plan and meets the criteria set forth in LDR Section 2.4.5 (M) (5).
3. Recommend denial of the proposed amendment to enact a new Article 8.5
establishing a Public Arts Program, establishing a Public Arts Advisory Board,
providing general provisions for the organization and operation and amending the
definition section of the LDR by adopting the findings of fact and law contained in
the staff report and finding that the request is inconsistent with the Comprehensive
Plan and does not meet the criteria set forth in LDR Section 2.4.5 (M) (5).
RECOMMENDED ACTION
Recommend approval of the proposed amendment to enact a new Article 8.5
establishing a Public Arts Program, establishing a Public Arts Advisory Board, providing
general provisions for the organization and operation and amending the definition
section of the LDR by adopting the findings of fact and law contained in the staff report
and finding that the request is consistent with the Comprehensive Plan and meets the
criteria set forth in LDR Section 2.4.5 (M) (5).
Attachments
. Proposed Ordinance
s:\planning & zoning\boards\p&z board\ldr amend public arts program.doc
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26 Saturday, January 22, 2005 - Boca RatonIDelray ~ News . www.bocanews.com
100
ANNOUNCEMENTS
~
LEGAL NOTICES
ÇIJJ VI' RIllA, RMõII, fI.UaM
IICmCE Of PUIIJC IIUIIIIQ
A PUBUC HEARING will be held 01\ the
following proposed onIinances at 7:00
. ~ ~ atn:~u:,~
= wtuch is~~eomg:
ter IocaIed ~101 N.W. 2nd Sbeet
DeIIay Beach, Florida. at which time the
City Convnission wIØ consider 1I1eir
adoption. The proposed onIiJanœs
may be inspected at 1he Oftiœ at 1he
City CIeIk at City Hall, 100 N.W. 1st
Avenue, Dekay Beach, fIortda, between
1he hoots of 6:00 a.m. and 5:00 p.m.,
~~~~~
:::e ~:.=.s.. tespect to
OIIDIWICE NO. 77...
M ORDINANCE Of THE CI1Y C0M-
MISSION OF THE CI1Y OF DELRAY
BEACH, FlORIDA. AMENDING THE
LAND ŒVEL.OPMENT REGUlA110NS
OF Tt£ CODE OF ORDINANCES, BY
ENACTING ARTICLE 8.5. "PUBUC
Mr. BY ESTAØlISHIN; A 1'UBUC
ARTS f'R()GMM; BY ESTAIIUSHING
A PlIJUC ART NM1JIjff( 8OMD;
PRO\IIDWG GBÐW.. PRCMSIQNS
FOR ITS ORGIIMZATION N«J 0PER-
ATION; BY AMENDING APPDÐX
MA", "DERNfTIONS", PRO\IIDING FOR
CERTAIN TERMS REGARDING THIS
ORDINANCE; PROVIDING A GENERAL
REPEALER ClAUSE, A SAVING
~
LEGAL NOTICES
Q.AU::il: ANU AN !:Hi:(; I Ivt: UAI t
ORDINANCE NO. H5
~ ORDINANCE OF mE CI1Y COM-
M~ION OF THE CITY OF DELRAY
BEACH, R.ORIDA. AMENDING CHAP-
TER 135, "ABATEMENT OF NUI-
SANCES", SECTION 135.10, "OEFINI-
TIONS", ClARIFYING CERTAIN DEFt-
NmONS so AS TO CONFORM TO F.S
893.138, AMENDING SECTION 135 40
"CONDUCT OF HEARINGS·, ClARIFY-
ING HOW HEARINGS ARE CONDUCT-
ED; AMENDING SECTION 135.70
"ANES fOR NONCOMPlIANCE WITH
ORDERS", PROVIDING FOR THE
TOTAl ANES IMPOSED PURSUANT
TO THE AUTHORrTY OF mls ORDI-
NANCE TO BE INCREASED TO
$15,000.00 TO COINCIDE WITH F,S.
893.198; TO PROVIDE FOR mE REA-
SONABlf PAYMENT OF ATTORNEY'S
FEES TO THE CITY AND ENACT1NG A
SECTION CONCERNING AN ACTION
AGAINST A PROPERlY OWNER WITH
MULTIPlE TENANTS; PROVIDING A
SAVINGS CLAUSE, A REPEAlER
CLAUSE AND ~ EFÆCTlVE DATE
: ': ::: alPJthat ~=
by 1he City CommIssion with respect to
any maIfer c:onsIdered at these hear-
ings, such person may need to ensure
that a WIbaIIm recoro Includes the tes-
timony and evidence upon which the
appeal is to be based. The City does
~:'!=05~ record.
CI1Y OF DElHAY BEACH
CheveIIe D. NubIn
City Clerk
~ Salurday,~ 2005
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