HomeMy WebLinkAboutAgenda AIPP 062206AGENDA
CITY OF PALM BEACH GARDENS
ART IN PUBLIC PLACES ADVISORY BOARD
THURSDAY, JUNE 22, 2006, AT 5:30 P.M.
COUNCIL CHAMBERS
CALL TO ORDER
PLEDGE OF ALLEGIANCE
III. ROLL CALL:
ART IN PUBLIC PLACES ADVISORY BOARD
Regular Members
Lee Bickford (Vice Chair)
Diane Cappella
Myra Davis
Ellen Dukes
William Leizman
Linda Oliver (Chair)
Marilyn Spungin
Alternates
Theodore Thoburn (1" Alt.)
Georgia Heard O'Brien (2nd Alt.)
Also in attendance: Dan Clark, Interim Growth Management
Administrator
Brad Wiseman, Planning Manager /Staff Liaison
IV. APPROVAL OF MINUTES
1. April 18, 2006
V. UPDATE BY STAFF LIAISON
VI. OLD BUSINESS
1. Art in Public Places Ordinance draft - workshop
2. City Hall Bronze Plaques
VII. NEW BUSINESS
VIII. ADJOURNMENT
CITY OF PALM BEACH GARDENS
ART IN PUBLIC PLACES ADVISORY BOARD
Agenda Cover Memorandum
Date Prepared: June 7, 2006
Meeting Date: June 22, 2006
Petition: LDR- 06 -06- 000007
Subject/Agenda Item:
LDR- 06 -06- 000007: Code Amendment to Subdivision I. Art in Public Places, Section 78 -261;
Section 78 -262
Workshop: A City- initiated request for approval of a text amendment to Section 78 -261 and Section
78 -262, of Subdivision I. Art in Public Places, Code of Ordinances. This City Code amendment
seeks to revise the art in public places program definitions, procedures, and requirements.
[ ] Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Originating Dept.:
FINANCE:
LDRC Action:
Growth Manage ent.
[N /A] Approved
City Attorney
Project
Costs: $ N/A
[N /A ] PP w/ conditions
Christine Tatum, Esq.
Manage
Total
[N /A] Denied
Brad Wiseman
[ ]Rec. approval
Development Compliance
Planning Manager
$ N/A
[ ] Rec. app, w/ conds.
Current FY
[ ] Rec. Denial
[ ] Quasi - Judicial
NA
[ ) Legislative
[N /A] Continued
[ ] Public Hearing
Funding Source:
to:
Bahareh Keshavarz, AICP
Attachments:
Interim Gro h Management
Advertised:
Date: N/A
O
[ ]Operating g
• AIPP Ordinance draft
2006
Administrator
Paper:
[X] Other N /A
Subdivision I. Art in
Daniel P. Clark, P.E.
[ ] Required
_
Public Places (Section
Budget Acct. #:
78 -261; Section 78 -262)
Approved By:
Ronald M. Ferris
NA
Affected parties:
City Manager
[ ] Notified
[X] Not Required
Petition: LDRA- 06 -06- 000007
Date prepared: June 7, 2006
Meeting Date: June 22, 2006
BACKGROUND
On January 19, 1989, the City Council adopted Ordinance 46, 1988, which created the Art in Public
Places fee requirement, which set a 2% art fee requirement for private development with a
$1,000,000.00 minimum construction cost; currently the required fee is 1%. The City further
updated the Art in Public Places program, as a whole, through the adoption of Ordinance 19, 1991;
Ordinance 36, 1991; Ordinance 12, 1993; Ordinance 9, 1998; Ordinance 12, 1999; Ordinance 14,
1999; Ordinance 17, 2000; Ordinance 11, 2002; and Ordinance 17, 2004.
The most recent amendment in 2004 was not to Subdivision L Art in Public Places, as is the case
with this petition. Ordinance 17, 2004, rather, repealed the former Article III of Chapter 2, Code of
Ordinances entitled Boards, Committees and Commissions in its entirety and adopted a new Article
III, including Division 2 entitled "Art in Public Places Advisory Board."
The latest amendment to Subdivision I. Art in Public Places was in 2002, and it clearly defined that
all buildings within planned unit developments and planned community districts would be assessed
cumulatively towards the art in public places requirement.
The current staff initiated code amendment to Subdivision I. Art in Public Places, Sec.78 -261 and
Sections 78 -262, is intended to clarify and rearrange the existing language, and include new language
with the purpose of providing a more cohesive and comprehensive section that can more effectively
implement the Art in Public Places Program.
CITY CODE AMENDMENT
This City Code amendment clarifies and updates the art in public places program definitions,
procedures, and requirements.
Section 78 -261 is amended to state the following: (Deletions are str-t�lF, new language is underlined):
Sec. 78 -261. Definitions -Art in Public Places Requirements
(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 plan
unit develepments and planned eemmunity distfiets shall be assessed euwiWatiY,*
towards - ^:ent_ even if they are ;,o.- ,.,;,_,
1,000,000.00 , eaeh phase Of
The stricken language above remains unchanged and is being relocated to the newly created
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Petition: LDRA- 06 -06- 000007
Date prepared: June 7, 2006
Meeting Date: June 22, 2006
paragraph (d) Requirements for art or fee -in -lieu of art.
(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) Art, Artwork or Works of art mean all tangible creations by artists exhibiting the
highest quality of skill and aesthetic principles and includes 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, artist designed seating, and
collaborative design projects between architects and /or landscape architects and artists
together with all hard costs and soft costs such as, but not limited to, lighting,
landscaping, or other aesthetic effects or enhancements integrated with the art and
approved by the growth management administrator. The city council shall not consider
for approval art objects which are mass - produced in unlimited quantities.
The purpose of the modifications to the definition of art, artwork or works of art is to clarify that art
is created by an artist or artists, and are not mass - produced in unlimited quantities. This would
provide for more original and creative works of art throughout the City, by excluding mass - produced
art objects, which are not necessarily created by an artist, and are produced and distributed in mass
quantities. Also, artist designed seating is being added as one of the possible works of art, which is
consistent with such works of art that have been previously approved by the Art in Public Places
Advisory Board, and the City Council. In addition, costs associated with the work of art, which have
been included in the art budget, are included in the definition for clarification purposes.
Artist or Professional Artist means a practitioner in the visual arts, 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,
training in the arts, income realized through the sole commission of artwork, frequent or
consistent art exhibitions, placement of artwork in public institutions or museums, and
receipt of honors and awards in the art field.
The current code does not contain a definition for an artist. Therefore, this definition sets the
standard, which the Art in Public Places Advisory Board and the City Council will use to determine
if the proposed art is created by an actual artist. In addition, this definition sets forth that the
applicant would have to prove that the work is being created by an artist, further avoiding approval
of art that is not created by an artist.
(b) Application Requirements. The applicant shall provide the information described below and
any additional information requested by the growth management department necessary to review the
application pursuant to the standards of the code.
(1) Application forms. The application shall be made on forms provided by the growth
management department.
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Petition: LDRA- 06 -06- 000007
Date prepared: June 7, 2006
Meeting Date: June 22, 2006
(2) Artist information. Portfolio containing photographs of the artist's existing work
exhibition and sales history, and biography.
(3) Miscellaneous plans, renderings, and details. Artist's color renderings and /or
photographs of proposed artwork-, materials sample board site plan depicting the
proposed location of the artwork; landscape plan, if necessary, depicting additional
landscaping, or modifications to existing` landscaping; architectural elevations if
necessary, depicting structures associated with the artwork; lighting location plan and
light fixture details.
The addition of the application requirements listed above is to clarify the current submittal process.
The majority of the above - referenced documents are currently submitted with the Art in Public
Places applications; the added section will codify these existing requirements. This language will
ensure that the applicants will be well informed of the submittal requirements.
-N U Violations. Violation of this chapter shall be subject to enforcement as provided in article
VII.
(e) (M4* in PubIie PIaees 4 a,.: ^ ^ n ^ ^ °a Requirements or art or fee -in -lieu of art. All new
development, either public or private, where total vertical construction costs of all buildings on a
project site are equal or greater than $1,000,000.00 shall provide art in public places in an amount of
one percent of the total vertical construction costs, as provided in this section and section 78 -262
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 contribute the required one percent of construction cost towards art in public
places for the building project. The art fee for redevelopment of an existing building shall be
calculated based on the construction costs of the new development excluding the assessed value of
the existing buildings that are replaced or redeveloped.
The newly created paragraph (d) emphasizes the current requirement, and provides further
clarification through the inclusion of the relocated language that is stricken from the Construction
cost definition.
(1) d Private Development. A private developer may choose either to provide
artwork on the project site or to contribute one percent of the total vertical construction
costs to the city's art impact fund.
The language listed above is currently referenced in Section 78- 262(a) and (c). The change in the
language above is made in order to clarify the current code provisions for artwork that is required for
private development, by combining the existing language into one sentence. The minor modification
is still with the existing language, which allows the developer to have the option to either place art on
their site, or provide money in -lieu of art.
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Petition: LDRA- 06 -06- 000007
Date prepared: June 7, 2006
Meeting Date: June 22, 2006
a. Contribution of art. If the developer chooses to provide artwork, the art in public
places advisory board shall review the proposed artwork and shall recommend to the
city council whether to approve, deny, or approve with conditions the selection and
location of the artwork according to the standards of this division. The artwork shall
be provided as follows.
The new language above is intended to clarify the current code by stating clearly what action the Art
in Public Places Advisory Board can take. The actions stated in the above paragraph are consistent
with the current procedures of the Art in Public Places Advisory Board.
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 consultants. 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.
The language in this paragraph remains unchanged. The language is currently located in Section 78-
262(a)(1).
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
(the "art impact 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 this division.
The language in the paragraph listed above is currently located in Section 78- 262(a)(2), and remains
unchanged with the exception of the addition of (the "art impact fund ") language, which is intended
to clarify the interest - bearing fund.
3. Artist selection. The selection and commissions of the artists shall be by
written contract between the developer and artists.
The language above remains unchanged. The language is currently located in Section 78- 262(a)(3).
4. Art consultant. The developer may utilize up to 12 percent of the required
fee to retain an art consultant to assist in the selection and procurement of
required artwork, an additional 3 percent of the required fee shall be used to
pay the city for administering the art in public 1p aces program. The art
consultant shall have no financial relationship with the artist, nor any
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Petition: LDRA- 06 -06- 000007
Date prepared: June 7, 2006
Meeting Date: June 22, 2006
ownership in artwork purchased by the developer. The artist shall be allowed
to act as the art consultant for the art petition, but shall be precluded from
receiving_the art consultant fee.
The language in the paragraph listed above is currently located in Section 78- 262(a)(4), and is
amended in order to reduce the percentage that the developer may utilize to retain an art consultant
from 15 percent to 12 percent. The 3 percent difference will now be allocated to administer the Art
in Public Places program. In addition, in cases where the artist would like to serve as the art
consultant, it is staff's professional opinion that this may provide for a conflict of interest, and
therefore, new language has been added to prevent the artist from receiving the art consultant fee.
5. Vertical construction cost overruns. If the final cost of the vertical
construction for the entire project is higher than the cost figure used to
calculate the preliminary art budget, the art budget shall be increased as
necessary to equal one percent of the actual defined total vertical construction
cost for the project. The art budget must be revised within 30 calendar days of
any such changes. The increase in the art budget due to the final increase of
the vertical construction cost for the entire project shall be placed in the citX
art impact fund, or shall be used for the provision of art on site, at the option
of the developer.
The language in the paragraph listed above is currently located in Section 78- 262(a)(5). It is being
modified to clarify that the cost overrun is that of the final vertical construction cost for the entire
project. In addition, the new language specifies that increases in the art budget can either be placed
in the art impact fund, or the developer can use it for the provision of art on the site. For example, if
a project has an original vertical construction cost of $5,000,000.00, and the final vertical
construction cost is $6,000,000.00, the increase in the vertical construction cost would be
$1,000,000.00, therefore, 1% of $1,000,000.00 is $10,000. The art budget would be increased by
$10,000, which shall be placed in the art impact fund, or shall be utilized towards placement of art
on site.
6. 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.
The language in the paragraph listed above is to remain unchanged. It is currently in Section 78-
262(g).
7. Artwork purchased pursuant to the requirements of this section belongs to
the property owner, and shall be insured and maintained in good condition at
all times as determined b the code enforcement official. Maintenance
shall include any associated landscaping or related improvements. The city
has the right to maintain any art it deems improperly maintained and charge
Petition: LDRA- 06 -06- 000007
Date prepared: June 7, 2006
Meeting Date: June 22, 2006
the owner the cost of such maintenance.
The language in the paragraph above currently exists in Section 78- 261(6) and Section 78- 262(e)(3).
The existing language is modified to state that the City's Code Enforcement official will assure that
there will be compliance with the above - stated requirements.
8. The first certificate of occupancy for the project, or as defined in the
development order, will not be issued until the artwork is installed and the
final certification and accounting of f the payment of the escrow fees has been
provided. Artwork installed in accordance with this division cannot be altered
or removed from the site without approval of the city council. The propert y
owner may transfer ownership to the city, if approved by the city council and
if the city owns or occupies the property or facilities where the artwork is
situated.
The first sentence in the paragraph listed above is included to ensure that the art will be installed on
site. It is also intended to ensure that in the case where the applicant has drawn funds from their
escrow account, their attorney would present the City with a final accounting of the withdrawals
prior to the issuance of the escrow release letter by the City.
9. The artist of approved artwork shall grant to the City of Palm Beach
Gardens an unlimited, perpetual, non - exclusive, royalty -free, irrevocable
license to reproduce and distribute two - dimensional reproductions of the
artwork for ciiy related purposes, and grant to the city the exclusive
irrevocable ownership rights in any trademark, service mark, or trade dress
rights regarding the artwork, pursuant to a license that shall be approved by
the city attorney. City approval of the artwork shall be deemed to be a grant
of the artist for authorization by third parties to review and reproduce
documents provided by the artist to the city which are deemed to be public
records pursuant to public record laws of the state.
The paragraph listed above is being added to codify the current artist release form requirement. For
example, the artist release form has to be signed by artists who would like to be part of the City's
postcard series that showcases the Art in Public Places in the City.
10. Review by the art in public places advisory board.
a. Workshop. The applicant shall qppear before the art in public
places advisory board in order to receive guidance in the initial stages
of the review. In this case, the applicant shall choose between two
Wes of review described below.
1. The applicant may have a set direction regarding the
artwork and may appear before the board for preliminary
comments prior to receiving the board's final
recommendation. The applicant shall submit the portfolio of
the proposed artist which shall contain photographs of the
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Petition: LDRA- 06 -06- 000007
Date prepared: June 7, 2006
Meeting Date: June 22, 2006
artist's existing works as well as the artist's biojraphy, or
2. The applicant may appear before the board in order to
receive more detailed direction if the applicant does not have
a set direction, prior to receiving a final recommendation by
the board. The applicant may submit the portfolios of up to
three artists. The portfolios shall contain photographs of the
artists' existing works as well as the artists' biographies.
The current code does not contain language regarding the Art in Public Places review process. The
new language listed above requires the workshop stage of the review to be mandatory, and is
intended to assist the applicant at the beginning of the review process. It is staff's professional
opinion that the Art in Public Places program is beneficial to the City. Therefore, the applicants that
come before the Board should be assisted throughout the process, and made aware of the policies and
procedures to be adhered to. It is to be understood that some applicants may feel strongly about their
choice of an artist. Therefore, the workshop review is designed so that the applicant can have two
review options. The Art in Public Places Advisory Board still makes a final recommendation to the
City Council, which is the ultimate decision - making body.
b. Criteria for review of artwork by the board. In making its
recommendation to the city council, the board shall consider the
quality of the artwork; the exhibition and sales history of the artist;
the artist's works in public collections and previous public art
purchases or commissions, the ability of the artist to complete the
project within a specified schedule; and the compliance with the
standards of this division.
The paragraph above was previously deleted from the Art in Public Places section of the Code of
Ordinances. It is staff's professional opinion that it should be added to this latest revision, in order to
set review criteria that the Board will follow.
c. Guidelines. The art in public places advisory board may adopt art
in public places implementation guidelines to assist both the public
and private sector planning activities.
The language listed above exists and is currently located in Section 78- 261(c)(4). The Art in Public
Places Advisory Board can draft implementation guidelines, which are nonbinding, but are effective
in informing the applicants of the preferences of the Board's criteria. The guidelines would further
facilitate the review process.
11. Review by Staff. In making recommendations to the art in public places
advisory board and to the city council, staff shall consider the standards of
this division in association with sound lanning rp inciples.
The current code is not clear on the criteria staff applies to the proposed art during the review
process. Therefore, this language has clarified staff's review procedures.
Petition: LDRA- 06 -06- 000007
Date prepared: June 7, 2006
Meeting Date: June 22, 2006
12. In the case of redevelopment of a property which has contributed artwork
on the site pursuant to this article the artwork may be replaced at the option
of the developer with new artwork pursuant to this article or the existing
artwork may remain on the site. In the latter case, the value of the existing
artwork and its placement must comply with this article as if it were new
artwork.
The language above is being included to address a future issue, which with time is inevitable in any
municipality. Staff is being proactive in approach by including language that will address existing
art that is located on sites in the City, which may be proposed for redevelopment. This will give the
developer an option to either replace art on the site with new art, or keep the existing art. In both
instances, the 1 % requirement for vertical construction equal or exceeding $1,000,000.00 would be
required.
b. Fee in lieu of artwork. Instead of providing artwork on the project site,a
developer may choose to contribute one percent of the total vertical construction
costs as the required art fee. If the contribution is made, the contribution shall be
placed in the city's art impact fund and used as provided in section 78 -261(d
contributor shall have no input in the use of such funds.
The language in the paragraph stated above is currently in Section 78- 262(c), and is being clarified to
indicate that the construction cost is for vertical construction, and to identify the City's art account as
the art impact fund. This further clarifies how the contribution shall be used by specifying the
section of the code to be applied.
OWN
E
Petition: LDRA- 06 -06- 000007
Date prepared: June 7, 2006
Meeting Date: June 22, 2006
low-
The stricken language above is relocated to different areas of the new art code section, and is
unchanged with the amendment.
Public Development. The city shall contribute one percent of the total vertical
construction costs of a city owned development as an art in public places
requirement. Where the city provides the artwork, or where the developer provides a
fee in lieu of artwork pursuant to Section 78- 261(d)(1)b., the following shall apply to
the use of the funds.
The language in the paragraph listed above is mentioned in the existing Section 78- 262(a). This new
paragraph specifically differentiates art provided by public development and private development. In
addition, it clarifies that the fee in -lieu of artwork provided by the developer shall follow the
specified criteria listed in the section.
a. The fee shall be placed in the city's art impact fund.
The language listed above is currently referenced in Section 78- 262(c), and is unchanged with this
amendment.
b. Artist selection. The selection and commissions of the artists and artwork shall be
by written contract between the city and artists.
The sentence listed above currently exists in Section 78- 262(c)(1), and is unchanged with this
amendment.
c. 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 visually accessible
location which shall be suitable to the design of the site, in order for the public to
receive the most enjoyment and benefit from the art.
The first sentence of the paragraph listed above currently exists in Section 78- 262(c)(2). The second
sentence has been amended, because all sites are not designed identically. Therefore, it is staff's
professional opinion that a greater degree of flexibility should be allowed when determining the
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Petition: LDRA- 06 -06- 000007
Date prepared: June 7, 2006
Meeting Date: June 22, 2006
placement of the art. This would allow for the possibility of a more creative location for the
placement of the art, where public. For example, a pedestrian plaza within a development with a mix
of uses may be more appropriate for art than a portion of the site that does not lend itself to
pedestrian traffic. One such example is of the Thomas Jefferson sculpture, which was approved in
the plaza at Mirasol Town Square. The current location is accessible to pedestrian traffic, allowing
the pedestrians to be able to enjoy and reflect upon the art. The art is also visible to vehicular traffic
that enters the site. If the art was placed along Jog Road, where the greatest number of passers -by
would have been, pedestrians would not have been able to have maximum enjoyment of the art.
d. 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. The artist shall be allowed to act
as the art consultant, but shall be precluded from receiving the art consultant fee.
The first sentence of the paragraph included above currently exists in Section 78- 262(c)(3). The
second sentence is added to prevent a possible conflict of interest.
e. Proper insurance coverage shall be maintained by the city on artwork purchased
with funds generated by this article or on artwork whose ownership has been
transferred to the city. The artwork owned by the city shall be maintained b thy.
The language included above is partially stated in Section 78- 262(e)(3) and (f). This paragraph
clarifies the intention of the code.
Art Impact Fund. The art in public places board shall make a recommendation to the
city council on how the art fees collected under this article may spent. Funds from
the art impact fund may be spent anywhere in the city and such funds may be spent
on any art or art related costs such as, but not limited to, lighting, consulting,
landscaping aesthetic features or enhancements. Only the city council shall approve
how such funds are spent.
The current code does not have language that specifies how the art impact fund can be utilized.
Therefore, the paragraph listed above establishes this practice.
Section 78 -262 entitled "Fee imposed on developments." is repealed and renamed "Standards for
artwork."
Section 78 -262 is amended to state the following: (Deletions are stmelE, new language is underlined):
Sec. 78 -262. Standards for artwork.
(a) Artwork shall be displayed in a visually accessible location, which shall be suitable to the
design of the site in order for the public to receive the most enjoyment and benefit from the art.
All sites are not designed identically, and therefore, it is staff's professional opinion that a greater
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Petition: LDRA- 06 -06- 000007
Date prepared: June 7, 2006
Meeting Date: June 22, 2006
degree of flexibility should be allowed when determining the placement of the art, in order for the
public to be able to appreciate the art on site. For example, a pedestrian plaza within a Mixed -Use
development may be more appropriate for art than a portion of the site that does not lend itself to
pedestrian traffic.
(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.
The language in this paragraph is unchanged with the amendment. The language is currently located
in Section 78- 261(c)(5)b.
(c) Artwork shall be integrated into the overall landscaping plan, and landscaping shall be
utilized to enhance the visibility of such works.
The language in the sentence above is unchanged. The language is currently located in Section 78-
261(c)(5)c.
(d) Artwork shall be lighted at a minimum from dusk until midnight. The lighting shall be
designed and located in order to prevent excessive lighting energy waste, glare, light trespass and
sky glow.
The language above is proposed to be modified to address any negative effects that may be
associated with the lighting for the artworks. The existing art lighting requirement is located in
Section 78- 261(c)(5)d.
Le) Artwork installed pursuant to the division cannot be altered or removed from the site without
approval of the city council.
The language in the sentence above currently exists in Section 78- 262(a)(3) and is not being altered.
fD Maintenance. Artwork shall be maintained in good conditions at all times, including any
associated landscaping or related improvements.
The language in the sentence above remains unchanged; it currently exists in Section 78- 261(6).
(g) 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 language above currently exists in Section 78- 262(c)(2), and is unchanged with this amendment.
K Zoning and Building consideration. Consideration shall be given to project zoning. Permits
and building approval shall be obtained, when necessary, and shall be in compliance with the Florida
Building Code, the National Electric Code and the previously approved plans by city council.
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Petition: LDRA- 06 -06- 000007
Date prepared: June 7, 2006
Meeting Date: June 22, 2006
The language above currently exists in Section 78- 261(c)(2), and is being modified to specifically
state that permits, which are submitted for construction review are consistent with the plans that were
approved by the City Council, and are in compliance with the above - referenced applicable codes.
Section 78 -263 is created to state the following: (Deletions are stns new language is underlined):
Sec. 78 -263. Waiver of Requirements.
(1) Waiver. The city council may waive the requirements contained in this division,
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.
• .e�rse!sr�.
As the City develops, redevelopment may commence in the near future. Therefore, redevelopment
should not be excluded from the Art in Public Places fee requirement. Providing art on site would
further enhance the redeveloped project.
(-3- Q 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) (3) 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
(3) (4) 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.
(6) M Architectural features. The city council may grant a partial credit toward required
13
Petition: LDRA- 06 -06- 000007
Date prepared: June 7, 2006
Meeting Date: June 22, 2006
fees when a project contains unusual architectural features.
(4) (6) 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.
The language above currently exists in Section 78- 262(h)(1)(2)(3)(4) and (5), and is unchanged with
this amendment.
STAFF RECOMMENDATION
Staff is requesting direction and guidance from the Art in Public Places Advisory Board.
14
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Date Prepared: June 5, 2006
ORDINANCE , 2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO ART IN PUBLIC PLACES
TO CLARIFY AND UPDATE THE PROCEDURES AND GUIDELINES
APPLICABLE TO THE CITY ART IN PUBLIC PLACES PROGRAM;
AMENDING SECTION 78 -261 ENTITLED "DEFINITIONS" OF THE CITY
CODE OF ORDINANCES; REPEALING SECTION 78 -262 ENTITLED
"FEE IMPOSED ON DEVELOPMENTS" OF THE CITY CODE OF
ORDINANCES AND REPLACING IT WITH "STANDARDS FOR
ARTWORK "; CREATING NEW SECTION 78 -263 "WAIVERS ";
PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens
contains provisions for an Art in Public Places program, at Chapter 78, Division 6
"Public Places," Subdivision I. "Art in Public Places;" and
WHEREAS, the Art in Public Places fee requirement was established by
Ordinance 46, 1988, which set a $1,000,000.00 minimum construction cost for the Art in
Public Places requirement; and
WHEREAS, the City updated the Art in Public Places program through the
adoption of Ordinance 17, 2000, and the adoption of Ordinance 11, 2002; and
WHEREAS, the City Council through the adoption of Ordinance 17, 2004
repealed the former Article III of Chapter 2, Code of Ordinances entitled "Boards,
Committees and Commissions" in its entirety and adopted a new Article III, including
Division 2 entitled "Art in Public Places Advisory Board," which created the Art in Public
Places Advisory Board, its purpose, powers, and duties, and the number, qualifications,
and terms of office of the members thereof; and
WHEREAS, the City Council has determined that it is necessary to amend
Subdivision I. "Art in Public Places" to clarify and update the procedures and the
guidelines applicable to the art in public places program; and
WHEREAS, this Land Development Regulations amendment was reviewed by
the Art in Public Places Advisory Board on 2006, which recommended its
approval by a vote of ; and
WHEREAS, this Land Development Regulations amendment was reviewed by
the Planning, Zoning and Appeals Board, sitting as the Land Development Regulations
Commission, at a public hearing on 2006, which recommended its approval
by a vote of ; and
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Date Prepared: June 5, 2006
Ordinance , 2006
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. Section 78 -261, entitled "Definitions," of Chapter 78, Subdivision I.
entitled "Art in Public Places," of the City Code of Ordinances is renamed and amended
to read:
Sec. 78 -261. Art in Public Places Requirements
(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.
developments (1) Construction cost means total costs of buildings constructed on the site. This
includes total vertical construction of all buildings on a project site.-,U
buildiRgs within planned unit
shall be assessed GUMUlatively towards the art in PUb1iG plaGes requiFernent,
even of they are permitted separately. If the aggregate GOSt of the entire
shall pay the requiFed ..
building
(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) Art, Artwork or Works of art mean all tangible creations by artists exhibiting
the highest quality of skill and aesthetic principles and includes 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, artist designed seating, and collaborative design
projects between architects and /or landscape architects and artists.-, together
with all hard costs and soft costs such as, but not limited to, lighting,
landscaping, or other aesthetic effects or enhancements integrated with the
art and approved by the growth management administrator. The city council
shall not consider for approval art obiects which are mass - produced in
unlimited quantities.
7
Date Prepared: June 5, 2006
Ordinance , 2006
2 (4) Artist or Professional Artist means a practitioner in the visual arts, generally
3 recognized by critics and peers as a professional of serious intent and ability_
4 Indications of a person's status as a professional artist include, but are not
5 limited to, training in the arts, income realized through the sole commission of
6 artwork, frequent or consistent art exhibitions, placement of artwork in public
7 institutions or museums, and receipt of honors and awards in the art field.
9 (b) Application Requirements. The applicant shall provide the information described
10 below and any additional information requested by the growth management department
11 necessary to review the application pursuant to the standards of the code.
12
13 (1) Application forms. The application shall be made on forms provided by the
14 growth management department.
15
16 (2) Artist information. Portfolio containing photographs of the artist's existing
17 work. exhibition and sales historv. and bioaraphv.
19 (3) Miscellaneous plans, renderings, and details. Artist's color renderings and /or
20 photographs of proposed artwork; materials sample board; site plan depicting
21 the proposed location of the artwork; landscape plan, if necessary, depicting
22 additional landscaping, or modifications to existing landscaping; architectural
23 elevations, if necessary, depicting structures associated with the artwork;
24 lighting location plan, and light fixture details.
25
26 -(b-) (c) Violations. Violation of this chapter shall be subject to enforcement as
27 provided in article VII.
28
29 (c-) Requirements for art or fee -in -lieu of art.
30 All new development, either public or private, where total vertical construction costs of
31 all buildings on a project site are equal or greater than $1,000,000.00 shall provide art in
32 public places in an amount of one percent of the total vertical construction costs, as
33 provided in this section and section 78 -262. All buildings within planned unit
34 developments and planned community districts shall be assessed cumulatively towards
35 the art in public places requirement, even if they are permitted separately. If the
36 aggregate cost of the entire project exceeds the $1,000,000.00 threshold, each phase
37 of development shall contribute the required one percent of construction cost towards
38 art in public places for the building project. The art fee for redevelopment of an existing
39 building shall be calculated based on the construction costs of the new development
40 excluding the assessed value of the existing buildings that are replaced or redeveloped.
41
42 (1) ReseFved. Private Development. A private developer may choose either to
43 provide artwork on the project site or to contribute one percent of the total
44 vertical construction costs to the citv's art impact fund.
W
Date Prepared: June 5, 2006
Ordinance , 2006
1 a. Contribution of art. If the developer chooses to provide artwork, the art
2 in public places advisory board shall review the proposed artwork and
3 shall recommend to the city council whether to approve, deny, or approve
4 with conditions the selection and location of the artwork according to the
5 standards of this division. The artwork shall be provided as follows.
7 1. Deposit of funds. The developer shall submit to the city
8 documentation showing that a deposit was made with the
9 developer's attorney into an escrow account in an amount of
10 money equal to the art fee prior to the issuance of the first building
11 permit. The developer's attorney will furnish the city documentation
12 of the withdrawals for payment of art fees in accordance with the
13 terms of the contract between the developer and the artist or
14 artists, of the developer's arts consultants. The developer's
15 attorney will provide the city a final certification and accounting of
16 the payment of art and consulting fees at the conclusion of the
17 placement of artwork.
18
19
2. Surplus balance. Any surplus balance existing in the escrow
20
accounts after the developer has installed the required artwork shall
21
be collected by the city. The surplus balance shall be held in a
22
segregated, interest - bearing fund (the "art impact fund ") and shall
23
be used for the provision of additional art work at the construction
24
site or another site within the city. Use of such funds shall be
25
determined by the city council and shall be in accordance with
26
further provisions of this division.
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3. Artist selection. The selection and commissions of the artists
29
shall be by written contract between the developer and artists.
30
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4. Art consultant. The developer may utilize up to 12 percent of
32
the required fee to retain an art consultant to assist in the selection
33
and procurement of required artwork, an additional 3 percent of the
34
required fee shall be used to pay the city for administering the art in
35
public places program. The art consultant shall have no financial
36
relationship with the artist, nor any ownership in artwork purchased
37
by the developer. The artist shall be allowed to act as the art
38
consultant for the art petition, but shall be precluded from receiving
39
the art consultant fee.
40
41 5. Vertical construction cost overruns. If the final cost of the
42 vertical construction for the entire project is higher than the cost
43 figure used to calculate the preliminary art budget, the art budget
44 shall be increased as necessary to equal one percent of the actual
45 defined total vertical construction cost for the project. The art
46 budget must be revised within 30 calendar days of any such
Date Prepared: June 5, 2006
Ordinance , 2006
1 changes. The increase in the art budget due to the final increase of
2 the vertical construction cost for the entire project shall be placed in
3 the city art impact fund, or shall be used for the provision of art on
4 site, at the option of the developer.
6 6. Appraisal. To establish the value of art submitted to comply with
7 this division, the art in public places advisory board shall have the
8 authority to employ an independent art appraiser to provide a
9 written appraisal of the art submitted. Such appraisal will be paid
10 for by the developer as part of the overall art contribution.
11
12 7. Artwork purchased pursuant to the requirements of this section
13 belongs to the property owner, and shall be insured and maintained
14 in good condition at all times as determined by the city's code
15 enforcement official. Maintenance shall include any associated
16 landscaping or related improvements. The city has the right to
17 maintain any art it deems improperly maintained and charge the
18 owner the cost of such maintenance.
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20 8. The first certificate of occupancy for the project, or as defined in
21 the development order, will not be issued until the artwork is
22 installed and the final certification and accounting of the payment of
23 the escrow fees has been provided. Artwork installed in accordance
24 with this division cannot be altered or removed from the site without
25 approval of the city council. The property owner may transfer
26 ownership to the city, if approved by the city council and if the city
27 owns or occupies the property or facilities where the artwork is
28 situated.
3M
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9. The artist of approved artwork shall grant to the City of Palm
31
Beach Gardens an unlimited, perpetual, non - exclusive, royalty -free,
32
irrevocable license to reproduce and distribute two - dimensional
33
reproductions of the artwork for city- related purposes, and grant to
34
the city the exclusive irrevocable ownership rights in any trademark,
35
service mark, or trade dress rights regarding the artwork, pursuant
36
to a license that shall be approved by the city attorney. City_
37
approval of the artwork shall be deemed to be a grant of the artist
38
for authorization by third parties to review and reproduce
39
documents provided by the artist to the city which are deemed to be
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public records pursuant to public record laws of the state.
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10. Review by the art in public places advisory board.
43
a. Workshop. The applicant shall appear before the art in
44
public places advisory board in order to receive guidance in
45
the initial stages of the review. In this case, the applicant
46
shall choose between two types of review described below.
Date Prepared: June 5, 2006
Ordinance , 2006
1
1. The applicant may have a set direction regarding
2
the artwork and may appear before the board for
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preliminary comments prior to receiving the board's
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final recommendation. The applicant shall submit the
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portfolio of the proposed artist which shall contain
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photographs of the artist's existing works as well as
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the artist's biography; or
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2. The applicant may appear before the board in order
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to receive more detailed direction if the applicant does
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not have a set direction, prior to receiving a final
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recommendation by the board. The applicant may
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submit the portfolios of up to three artists. The
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portfolios shall contain photographs of the artists'
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existing works as well as the artists' biographies.
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b. Criteria for review of artwork by the board. In making its
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recommendation to the city council, the board shall consider
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the quality of the artwork; the exhibition and sales history of
18
the artist; the artist's works in public collections and previous
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public art purchases or commissions; the ability of the artist
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to complete the project within a specified schedule; and the
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compliance with the standards of this division.
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c. Guidelines. The art in public places advisory board may
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adopt art in public places implementation guidelines to assist
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both the public and private sector planning activities.
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26 11. Review by Staff. In making recommendations to the art in
27 public places advisory board and to the city council, staff shall
28 consider the standards of this division in association with sound
29 planning principles.
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31 12. In the case of redevelopment of a property which has
32 contributed artwork on the site pursuant to this article, the artwork
33 may be replaced at the option of the developer with new artwork
34 pursuant to this article, or the existing artwork may remain on the
35 site. In the latter case, the value of the existing artwork and its
36 placement must comply with this article as if it were new artwork.
37
38 b. Fee in lieu of artwork. Instead of providing artwork on the project site,
39 a developer may choose to contribute one percent of the total vertical
40 construction costs as the required art fee. If the contribution is made, the
41 contribution shall be placed in the city's art impact fund and used as
42 provided in section 78- 261(d)2. The contributor shall have no input in the
43 use of such funds.
44
On. N
Sawa
Date Prepared: June 5, 2006
Ordinance , 2006
7
g
9 astiVities
10
11 IRstallatien. InstallatiOR
of aFtwerk shall be
by the standards Ii
(6)
12 below.
guided
13
14
15 passeFs by.
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17 b. AFtwaFk
shall be ontegFated into the eveFall
planning and de-sign fGF
18 a StFUGtUFe OF
projeGt, and shall be Gompatible
with the 'RteRt and PUFPOse
19 ef the StFUGtUre
at whiGh the W9Fk eF WeFks aFe
leGated.
20
21 G. Artwork
shall be the eveFall
jandSGaping plan, and
22
.
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24
,
25 aFtWOFk shall
be illuminated fFom dusk until
midRight.
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28
.
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31 twMeS, '
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34 (2) Public Development. The city shall contribute one percent of the total
35 vertical construction costs of a city owned development as an art in public
36 places requirement. Where the city provides the artwork, or where the
37 developer provides a fee in lieu of artwork pursuant to Section 78-
38 261(d)(1)b.. the following shall aDDly to the use of the funds.
IM
40 a. The fee shall be placed in the city's art impact fund.
41 b. Artist selection. The selection and commissions of the artists and
42 artwork shall be by written contract between the city and artists.
43 c. Use of purchased art. All artwork purchased by the city required art fee
44 contribution shall be displayed on city -owned land, a city -owned buildinq,
45 or a city - leased or rented facility. The artwork shall be displayed in a
46 visually accessible location, which shall be suitable to the design of the
Date Prepared: June 5, 2006
Ordinance , 2006
site, in order for the public to receive the most eniovment and benefit from
2 the art.
3 d. Art consultant. The city may utilize up to a maximum of 15 percent of
4 the funds allocated from the art account for any particular city facility to
5 retain an art consultant to assist in the selection and installation of artwork.
6 The artist shall be allowed to act as the art consultant, but shall be
7 precluded from receiving the art consultant fee.
8 e. Proper insurance coverage shall be maintained by the city on artwork
9 purchased with funds generated by this article or on artwork whose
10 ownership has been transferred to the city. The artwork owned by the city
11 shall be maintained by the city,
12
13 (3) Art Impact Fund. The art in public places board shall make a
14 recommendation to the city council on how the art fees collected under
15 this article may be spent. Funds from the art impact fund may be spent
16 anywhere in the city and such funds may be spent on any art or art
17 related costs such as, but not limited to, lighting, consulting, landscaping,
18 aesthetic features or enhancements. Only the city council shall approve
19 how such funds are spent.
20
21 SECTION 3. Section 78 -262, entitled "Fee imposed on developments," of
22 Chapter 78, Subdivision I. "Art in Public Places," of the City Code of Ordinances is
23 repealed and replaced as follows.
24
25
26 Sec. 78 -262. Standards for artwork.
27
28 (a) Artwork shall be displayed in a visually accessible location, which shall be
29 suitable to the design of the site, in order for the public to receive the most enioyment
30 and benefit from the art.
31
32 (b) Artwork shall be integrated into the overall planning and design for a structure or
33 project, and shall be compatible with the intent and purpose of the structure at which the
34 work or works are located.
35
36 (c) Artwork shall be integrated into the overall landscaping plan, and landscaping
37 shall be utilized to enhance the visibility of such works.
38
39 (d) Artwork shall be lighted at a minimum from dusk until midnight. The lighting shall
40 be designed and located in order to prevent excessive lighting, energy waste, glare,
41 light trespass and sky glow.
42
43 (e) Artwork installed pursuant to the division cannot be altered or removed from the
44 site without approval of the city council.
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Date Prepared: June 5, 2006
Ordinance , 2006
(f) Maintenance. Artwork shall be maintained in good conditions at all times,
including any associated landscaping or related improvements.
(g) 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.
(h) Zoning and Building consideration. Consideration shall be given to protect
zoning. Permits and building approval shall be obtained, when necessary, and shall be
in compliance with the Florida Building Code, the National Electric Code and the
previously approved plans by city council.
SECTION 4. Section 78 -263, entitled "Waiver of Requirements" is created as
follows.
Sec. 78 -263. Waiver of Requirements.
(1) Waiver. The city council may waive the requirements contained in this
division, 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.
M-
(3} —(2) 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) (3) 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
( (4) 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
9
Date Prepared: June 5, 2006
Ordinance , 2006
cost of individual plantings or groups of plantings, such as rare exotics,
shall not be considered as the sole factor for credit.
(&) (5) Architectural features. The city council may grant a partial credit toward
required fees when a project contains unusual architectural features.
M n 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.
SECTION 5. Codification of this Ordinance is hereby authorized and
directed.
SECTION 6. This Ordinance shall become effective immediately upon
adoption.
(The remainder of this page left intentionally blank)
a
1 PASSED this day of
2
3 PASSED AND ADOPTED this
4 and final reading.
5
6 CITY OF PALM BEACH GARDENS
7
8 BY:
9 Mayor Russo
10
11
12 Vice Mayor Barnett
13
14
15 Councilmember Jablin
16
17
18 Councilmember Levy
19
20
21 Councilmember Valeche
22
23 ATTEST:
24
25
26 BY:
27 Patricia Snider, City Clerk
28
29
30 APPROVED AS TO FORM AND
31 LEGAL SUFFICIENCY
32
33
34 BY:
35 Christine P. Tatum, City Attorney
36
37
38
39
40
Date Prepared: June 5, 2006
Ordinance , 2006
2006, upon first reading.
day of , 2006, upon second
FOR AGAINST ABSENT
/f
§ 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.
DMSION 6. PUBLIC PLACES*
Subdivision L 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 andlor
landscape architects and artists.
(b) Violations. Violation of this chapter shall be subject to enforcement as provided in article
VII.
(e) 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
l
.�O*
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
t'
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. 'Ib 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
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