The purpose of this agenda item is to consider amendment to the “Public Art” requirements found in Section 3.01.08 of the Land Development Code. As directed by the Community Redevelopment Board (CRB), staff has drafted an amendment to the “Public Art” Section of the Land Development Code to provide options to developers of projects in the Urban Code District to contribute 100% of the public art fee to the City’s Public Art Trust Fund or provide on-site public artwork or pay a portion of the public art fee amount to provide on-site public artwork and the remainder to the City’s Public Art Trust Fund.
The proposed edits are identified with underline for new language and strikethrough for deletions.
The proposed Land Development Code (LDC) text amendment will require a notice of two public hearings before the City Commission for a final approval.
BACKGROUND SUMMARY
The “Public Art” was established in 2005 to provide aesthetic enrichment of the Urban Code District through private acquisition of works of art so that citizens and visitors to the Urban Code District of the city will be afforded an opportunity to enjoy and appreciate works of art.
Currently, all new development including planned unit developments (PUDs) and substantial renovation development in the Urban Code District with the exception of a duplex, single-family home or single-family home subdivisions are required to provide work of art on the development site that is not less than 1 % of the vertical construction cost of the development or contribute an amount equal to or greater than 1 ½ % of the vertical constriction cost into the Public Art Trust Fund in lieu of providing a work of art.
With the proposed amendment, the developer may elect to contribute 100% of the 1% for public art requirement to the City’s Public Art Trust Fund or provide on-site public artwork or pay a portion of the public art fee amount to provide on-site public artwork and the remainder to the City’s Public Art Trust Fund. This approach provides developers with more flexibility and options relative to the use of the 1% for public art requirement. This will allow developers to support the introduction of dynamic and exciting artworks in public right-of-way or public places. The corresponding influx of pedestrian traffic and cultural destination in the Urban Code District will yield economic benefits to the area and enhance the cultural vibrancy of the neighborhood for residents and visitors alike.
The proposed work of art for all new development and renovation development requires a Minor Urban Code Conditional Use approval by the Community Redevelopment Board prior to submittal of a building permit.
However, funds in the Public Art Trust Fund shall be used solely for the selection, acquisition, transportation, installation, maintenance and promotion of works of art to be displayed in the city and all expenditures from the fund for such purposes shall be approved by the Community Redevelopment Agency.
Public Art Trust Fund has accumulated as high as $16,475 in the recent past. The Public Art Trust Fund has been used to pay a portion of the cost for the Monkey Sculpture in the amount of $562, the Centennial Historical Art Markers in the amount of $13,000 and most recently the Beny Statue in the amount of $6,000. Currently, there is about $14,000 in the Public Art Trust Fund.
With the proposed amendment, additional money will accumulate in the Public Art Trust Fund over time; therefore, staff is proposing a formal process for commissioning artworks for public right-of-way or public places.
Community Redevelopment Board
On July 10, 2018, the Community Redevelopment Board recommended approval of the proposed LDC amendments. The CRB initially proposed to create a greater financial incentive for developers to pay into the City’s Public Art Trust Fund (1% of the vertical construction cost) rather than providing artwork on-site (1 ½ % of the vertical construction cost) . After further discussion of the item, the CRB agreed to provide options to developers of projects in the Urban Code District to contribute 100% of the public art fee to the City’s Public Art Trust Fund or provide on-site public artwork or pay a portion of the public art fee amount to provide on-site public artwork and the remainder to the City’s Public Art Trust Fund.
Community Redevelopment Agency
On August 27, 2018, the CRA Board voted 4-1 to approve the proposed amendments to the "Public Art" section of the Land Development Code.
City Commission - 1st Reading
On September 10, 2018, the City Commission unanimously approved Ordinance No. 2375-2018.