Loading...
HomeMy WebLinkAboutAgenda AIPP 081705AGENDA CITY OF PALM BEACH GARDENS ART IN PUBLIC PLACES ADVISORY BOARD WEDNESDAY, AUGUST 17, 2005, AT 5:30 P.M. GROWTH MANAGEMENT CONFERENCE ROOM S; y3 1 3(0 CALL TO ORDER PLEDGE OF ALLEGIANCE III. ROLL CALL: IV N VI. ART IN PUBLIC PLACES ADVISORY BOARD Regular Members Lee Bickford i Diane Cappella ✓ Myra Davis --1 Ellen Dukes (Vice Chair) William Leizman / Linda Oliver (Chair) Also in attendance APPROVAL OF MINUTES 1. July 19, 2005 OLD BUSINESS Alternates Marilyn Spungin (2nd Alt.) ✓ Nina Nikolova, Planner /Staff Liaison Amy Stepper, Alternate Staff Liaison 1. Discussion of Art in Public Places guidelines 2. Update by Staff Liaison on Art in Public Places binders NEW BUSINESS VII. ADJOURNMENT r § 78 -253 PALM BEACH GARDENS CODE (4) Removal of native vegetation. Removal of native vegetation shall be minimized in the land development process. When feasible, native material shall be relocated on site. Native vegetation which cannot be transplanted or relocated on -site is encouraged to be offered for donation or to be sold by the applicant. (Ord. No. 17 -2000, § 119, 7- 20 -00) Secs. 78- 254 --78 -260. Reserved. DIVISION 6. PUBLIC PLACES* Subdivision 1. Art in Public Places Sec. 78 -261. Definitions. (a) Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this division, except where the context clearly indicates a different meaning. (1) Construction cost means total costs of buildings constructed on the site. This includes total vertical construction of all buildings on a project site. All buildings within planned unit developments and planned community districts shall be assessed cumulatively towards the art in public places requirement, even if they are permitted separately. If the aggregate cost of the entire project exceeds the $1,000,000.00 threshold, each phase of development shall pay the required one percent of construc- tion cost towards art in public places for the building project. (2) Development means any capital project to construct or remodel any private or public development, except residential, or any portion thereof within the limits of the city, where total construction cost equals or exceeds $1,000,000.00. (3) Works of art mean all forms of the visual arts conceived in any medium, material, or combination thereof, including but not limited to painting, sculpture, fountains, engraving, carving, frescos, mobiles, murals, collages, mosaics, bas - reliefs, tapestries, photographs, drawings, and collaborative design projects between architects and/or landscape architects and artists. W- violations. Violation of this chapter shall be subject to enforcement as provided in article VII. (c) Art in public places advisory board. (1) Reserved. (2) Zoning consideration. Consideration must be given to project zoning (as base specifi- cations and wind tolerance for sculpture). Permits and building approval must be obtained, when necessary. 'Editor's note — Formerly, div. 5. See the editor's note ch. 78, art. V, div. 3. Supp. No. 16 CD78:220 r� PRI -4 IL LAND DEVELOPMENT (3) Reserved. § 78 -262 (4) Guidelines. The committee [board] shall adopt Art in Public Places Implementation Guidelines to assist both public and private sector planning activities. (5) Installation. Installation of artwork shall be guided by the standards listed below. a. Artwork shall be installed to be visible to the maximum number of passers -by. b. Artwork shall be integrated into the overall planning and design for a structure or project, and shall be compatible with the intent and purpose of the structure at which the work or works are located. C. Artwork shall be integrated into the overall landscaping plan, and landscaping shall be utilized to enhance the visibility of such works. d. Artwork shall be lighted in an unobtrusive manner. At a minimum, artwork shall be illuminated from dusk until midnight. (6) Maintenance. Artwork shall be maintained in good conditions at all times, including any associated landscaping or related improvements. (Ord. No. 17 -2000, § 120, 7- 20 -00; Ord. No. 11 -2002, § 1, 3- 21 -02; Ord. No. 17 -2004, § 5, 6 -3 -04) Sec. 78 -262. Fee imposed on developments. (a) Fee. All budgets for the new construction of private and public developments in the city, as specified in section 78 -261, shall include an amount of one percent of the total budgets as a fee for art in public places. The fee shall be imposed and paid as provided below. (1) Deposit of funds. The developer shall submit to the city documentation showing that a deposit was made with the developer's attorney into an escrow account in an amount of money equal to the art fee prior to the issuance of the first building permit. The developer's attorney will furnish the city documentation of the withdrawals for payment of art fees in accordance with the terms of the contract between the developer and the artist or artists, of the developer's arts consultant. The developer's attorney will provide the city a final certification and accounting of the payment of art and consulting fees at the conclusion of the placement of artwork. (2) Surplus balance. Any surplus balance existing in the escrow accounts after the developer has installed the required artwork shall be collected by the city. The surplus balance shall be held in a segregated, interest - bearing fund, and shall be used for the provision of additional art work at the construction site or another site within the city. Use of such funds shall be determined by the city council and shall be in accordance with further provisions of the chapter. (3) Artist selection. The selection and commissions of the artists shall be by written contract between the developer and artists. Supp. No. 16 CD78:221 § 78 -262 PALM BEACH GARDENS CODE 14 (4) Arts consultant. The developer may utilize up to 15 percent of the required fee to retain an arts consultant to assist in the selection and procurement of required artwork. The arts consultant shall have no financial relationship with the artist, or any ownership in artwork purchased by the developer. (5) Cost overruns. If the final project cost is higher than the cost figure used to calculate the preliminary art budget, the art budget must be increased as necessary to equal one percent of the actual defined total project cost. The art budget must be revised within 30 calendar days of any such changes. (b) Location. The artwork shall be displayed in a location visually accessible to both pedestrian and vehicular traffic. (c) Contribution of developer. Instead of providing the artwork on the project site, a developer may choose to contribute one percent of the total construction costs as the required art fee. If the contribution is made, the contribution shall be placed in the city's art account. The contributor shall have no input in the use of such funds. (1) Artist selection. The selection and commissions of the artists and artwork shall be by written contract between the city and artists. (2) Use of purchased art. All artwork purchased by the city required art fee contribution shall be displayed on city -owned land, a city -owned building, or a city - leased or rented facility. The artwork shall be displayed in a location visually accessible to both pedestrian and vehicular traffic. (3) Art consultant. The city may utilize up to a maximum of 15 percent of the funds allocated from the art account for any particular city facility to retain an art consultant to assist in the selection and installation of artwork. (d) Guidelines. The selection and commissioning of artists shall be in accordance with the art in public places implementation guidelines adopted by the art in public places advisory board. (e) Special art in public places advisory board. (1) Reserved. (2). Reserved. (3) Ownership and maintenance. Artworks purchased pursuant the requirements of this .subdivision belong to the property owner, and must be insured and maintained. Artworks purchased under subsection 78- 262(c) are the property of the city and shall be maintained by the city. Artwork installed in accordance with this chapter cannot be altered or removed from the site without approval of the city council. When developer - owned art is situated at or on property or facilities owned or occupied by the city, the developer may transfer ownership to the city. Such art must be maintained by the city. The city has the right to maintain any art it deems improperly maintained and charge the owner the cost of such maintenance. Supp. No. 16 CD78:222 r LAND DEVELOPMENT § 78 -262 (f) Insurance. Proper insurance coverage shall be maintained by the city on artworks purchased with funds generated by this article or on artwork whose ownership has been transferred to the city. (g) Appraisal. To establish the value of art submitted to comply with this division, the art in public places advisory board shall have the authority to employ an independent art appraiser to provide a written appraisal of the art submitted. Such appraisal will be paid for by the developer as part of the overall art contribution. (h) Waiver of requirements. (1) Waiver. The city council may waive the requirements contained in this chapter, utilizing the standards contained herein. Promotion of the general welfare of the city shall be a major factor in the waiver or reduction of fees. (2) Existing structures. Required fees may only be waived in whole or in part provided an existing complex is subject of extensive plans for redevelopment of the exterior of existing structures, or buildings are demolished and replaced with square footage equal to or less than that of original buildings. (3) Other upgrades. Upgrading of landscaping, project entrances, and vehicle parking, if any, which provide substantial improvement in excess of existing requirements shall be factors to be considered in the waiver process. (4) Criteria for waiver of fees. The city council shall consider the following when considering a request to waive or reduce required fees: a. The impact of proposed improvements on the appearance and utility of an existing structure; b. The impact of proposed improvements on existing and potential tenants or businesses; and C. The probability of the owner acquiring substantial or anchor tenants to assist in relieving financial problems, excess vacancy rates, dilapidated appearance, and similar (5) Credit for expenditures. a. Monies expended for the purpose of meeting minimum code or site plan requirements shall receive no credit for payment of required fees. b. Landscaping shall be considered a temporary improvement as compared to a permanent structural improvement in determining a monetary credit. The city council may not authorize more than 50 percent credit for the cost of installing new or replacement landscaping. Unusual cost of individual plantings or groups of plantings, such as rare exotics, shall not be considered as the sole factor for credit. (i) Architectural features. The city council may grant a partial credit toward required fees when a project contains unusual architectural features. Supp. No. 16 CD78:223 r § 78 -262 PALM BEACH GARDENS CODE 0) Aesthetic features. The city council, upon the recommendation of the art in public places advisory board, may give a developer partial credit for an element of the project which supplies creditable aesthetic features for the benefit of the public. (Ord. No. 17 -2000, § 121, 7- 20 -00; Ord. No. 17 -2004, §§ 1, 5, 6 -3 -04) Secs. 78- 263-78 -270. Reserved. DIVISION 7. SIGNS* Sec. 78 -271. Intent and purpose. The purpose of this division is to create the legal framework for a comprehensive and balanced system of signage to facilitate an easy and pleasant communication between people and their environment and to avoid the visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities and community appearance. With these purposes in mind, it is the intent of this division to authorize the use of signs, provided they are compatible with their surroundings, appropriate to the activity that displays them, expressive of the identity of the individual activities and the community as a whole, and legible in the circumstances in which they are seen. (Ord. No. 17 -2000, § 122, 7- 20 -00) *Editor's note -- Formerly, div. 6. See the editor's note ch. 78, art. V, div. 3. Supp. No. 16 CD78:224 14 4