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HomeMy WebLinkAboutOrdinance 2005-221 ORDINANCE NO. 2005- 'd.:l \ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 104 COMMONLY KNOWN AS "THE ART IN PUBLIC PLACES ORDINANCE" TO REQUIRE THE PLACEMENT OF ARTWORK ON PRIVATE PROPERTY AS PART OF SITE PLAN APPROVAL; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR EXCEPTIONS; PROVIDING FOR REPEALER, PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, cultural and artistic resources enhance the quality of life for individuals living in, working in and visiting the City of Sunny Isles Beach; and WHEREAS, balanced development of cultural and artistic resources preserves and improves the quality of the urban environment and increases real property values; and WHEREAS, the integration of art into the architecture of the City is of great benefit to the residents and visitors of the City; and WHEREAS, as development and revitalization of the real property within the city continues, the opportunity for creation of cultural and artistic resources is diminished; and WHEREAS, as this development and revitalization continue as a result of market forces, urbanization of the community results; and WHEREAS, as these opportunities are diminished and this urbanization occurs, the need to develop alternative sources for cultural and artistic outlets to improve the environment, image and character of the community is increased; and WHEREAS, the development and artistic assets should be financed by those whose development and revitalization diminishes the availability of the community's resources for those opportunities and contributes to the community urbanization. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, AS FOLLOWS: PART 1. Chapter 104 of the City Code is hereby amended to read as follows: Section 104-1.1. Puroose. The intent of this ordinance is to promote and encourage private funding programs to further the development and public awareness of and interest in the arts and cultural assets. It is the purpose of this Ordinance to promote the general Art in Public and Private Places. Revised on 1/4/05 1 welfare through balancing the community's physical growth and revitalization and its cultural and artistic resources through private funding of work of art. Section 104-2. Definitions. For the purpose of this Ordinance, the terms listed below shall have the following definitions. a. "Architectural enhancement" is the architectural embellishment of a building, the placement of works of art in the interior or exterior spaces of the building, or special landscape treatments such as parks, plazas or atriums. Architectural enhancement may be an integral part of the building, situated within or outside the building, may be located in or near government facilities which have already constructed, or may be located in other public places where numbers of people may experience them. b. "City Manager" means the City of the City of Sunny Isles Beach. c. "City Commission" means the City Commission of the City of Sunny Isles Beach. d. "Public Places" are City owned parks and buildings with high visibility and/or heavy pedestrian traffic that are open to the public. Beach access easements are considered public places under this Ordinance. e. "Work of Art" means any work of visual art that is an integral part of a structure, attached to a structure or detached from the structure or outside of it. Work of Art may also include artist made or designed building parts including, but not limited to benches, or other components that are structural or functional elements of a building, structure, park or other facility. Work of Art may also include an area or space specifically designed, constructed and managed as a display area for other works of art. This definition does not apply to the Art in Public Places Ordinance. f. "Multi-Family Development Project" means condominiums, apartment, and apartment-hotel as defined in the City's Land Development Regulations. Section 104-3.1. Auulicabilitv. The provisions of this Ordinance shall apply to the following properties: a. All multi-family residential properties shall be subject to the provisions of this Ordinance. b. All commercial development within the City shall be subject to this Ordinance c. This Ordinance shall not apply to development projects that have received a building permit site plan approval prior to the adoption of this Ordinance or single family homes. Section 104-4.1 Trust Fund. All fees collected under this Ordinance shall be deposited in the Public Art Trust Fund established by the City. This fund shall be maintained by the Finance Art in Public and Private Places. Revised on 1/4/05 2 Director, and shall be used for the acquisition, installation, improvement, and maintenance of artwork created under this Ordinance, the administration of the Art in Public Places Programs, for the community public art education programs, or any art project within the boundaries of the City. Section 104-4.2. Standards for Approval for Placement of Artwork on Private Property. No site plan for a multi-family development project shall be approved by the City Commission unless a work of art is depicted as an integral part of the development project. In approving a work of the art, the City Commission shall consider the following factors: a. whether the work of art is an integral part of the structure, attached to a structure or detached from the structure or outside of it. b. 4.4. c. d. e. f. whether the applicant satisfy the cost allocations formula set forth in Section 104- the permanency of the work of art. whether the work of art is located in an area that is visible to the public. whether the work of art can sustain environmental stresses. the location of the work of art. Section 104-4.3 Exceptions. In lieu of placement of an approved work of art as part of a development project, the applicant may pay into the Trust Fund established under the Arts in Public Place Ordinance in accordance with Section 104-4.4, herein below. Section 104-4.4 Cost of Work of Art. All Applicants that are subject to the provisions of this Ordinance shall be required to construct a work of art on the basis of the following cost allocations: A. For multi-family and commercial projects, one percent (1%) of estimated construction costs up to, but Bot limited to not exceeding the sum of five hundred thousand dollars $500,000, if work of art is constructed in conjunction with development project. B. In lieu of placement of an approved work of art, the Applicant may pay into the Public Art Trust Fund, one percent (1 %) of estimated construction costs of the development project not exceeding the sum of five hundred thousand dollars ($500,000.00). C. Nothing in this section shall prohibit the Applicant from placing an approved work of art with acquisition and installation costs in an amount less than the allocation set forth in this section, provided that the applicant shall also pay to the Trust Fund an amount equal to the difference between the program allocation and the costs of acquisition and installation of such artwork. Art in Public and Private Places. Revised on 1/4/05 3 Upon the filing of a site plan application or prior to approval of the site plan by the City Commission, the Applicant shall submit an appraisal or other evidence of the value of the proposed work of art, including acquisition and installation costs. Section 104-4.5 Certificate of Occupancy. The following must be met prior to the issuance of a certificate of occupancy by the City for a development project subject to the provisions of this Ordinance: A. The approved work of art has been constructed and installed in a manner satisfactory to the City Manager or designee and consistent with the site plan approval; and B. All art fees have been paid in lieu of placement of work of art. PART 2. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. PART 3. Repealer. Any and all ordinances, resolutions and parts of ordinances or resolutions in conflict with this Ordinance are hereby repealed insofar as they are inconsistent or in conflict herewith. PART 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny Isles Beach Code; that the sections of this Ordinance may be renumbered or re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or to other appropriate word. PART 5. Effective Date: This Ordinance shall be effective ten days after adoption on second reading. PASSED and ADOPTED on First Reading the $ay of '-- J~ ~ ,2005. PASSED and ADOPTED on Second Reading this ~ay of ~~, 2005. ATTEST: ' ~A~ Jane A. Hines, City Clerk Art in Public and Private Places. Revised on 1/4/05 4 APPROVED AS TO FORM AND LEGAL SUFFICIENCY Vote: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias Art in Public and Private Places. Revised on 114/05 Moved by: ~h-\ VV\,\S~) 0 IO~ ~t)rn ~ Seconded by: CO)Yr\V't\lt~ IOt\J~ :rrnlS.CI~S' L/"(Y es) V (Yes) V (Yes) V(Y es) V(Y es) _(No) _(No) _(No) _(No) _(No) 5