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MEETING DATE:
AGENDA ITEM:
CASE:
ORDINANCE NO.:
REQUEST:
INITIATED BY:
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
September 17, 2013
F.2.
TA2013-0800'7
8481-13
Amendments to the Community Development Code — Ordinance Number 8481-13
City of Clearwater, Parks and Recreation Department
BACKGROUND:
Staff is proposing a text amendment to modify the previously mandatory public art requirement
for new construction or renovation projects which equal or exceed an Aggregate Job Value of $5
million dollars ($5,000,000) to reflect a transition to a voluntary participation program.
ANALYSIS:
Proposed Ordinance No. 8481-13 includes amendments to Sections 3-2401; 3-2405; and 3-2406
of the Community Development Code.
In an effort to support and encourage development in the City of Clearwater, the Parks and
Recreation department is proposing an amendment to the Community Development Code that
will transition the previously mandatory participation in the Public Art in Private Development
Program for development projects which equal or exceed an Aggregate Job Value of $5 million
dollars ($5,000,000) to a voluntary participation program. There is a history of private
development projects voluntarily investing in public artwork that extends back prior to the City
Council's adoption of the Public Art and Design Program (Ordinance No. 7489-OS), and staff
foresee future voluntary participation to be a continued activity.
Although the transition to a voluntary participation program will remove the ordinance-based
requirements for participation from development projects, the City will maintain its position to
assist developers with the identification and commission of public artists for unique public art
installations. Development projects that wish to forgo the installation of public artwork, yet still
wish to benefit the City's cultural capital, will be encouraged to donate to the City's Public Art
Fund, which is used to enhance existing City Capital Improvement Project (CIP) allocations for
public artwork and to support Special Initiative projects that are not funded through CIP
allocations.
The City's appropriation of CIP funds will continue with no amendments or modifications.
Community Development Board — September 17, 2013
TA2013-08007 — Page 1
���eie��(�i�Ll.l Levei III Text Amendment Review
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PIANNING & DEVELOPMENT DEPARTMENT
CRITERIA FOR TEXT AMENDMENTS:
Section 4-601, Community Development Code, sets forth the procedures and criteria for
reviewing text amendments. All text amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Objective and
Policies which will be continued and not restricted by the proposed Code amendment:
Objective A.5.6 Use the Public Art and Design Program to contribute to Clearwater's
visual identity, create memorable images of the city of visitors and
residents, reinforce Clearwater's role as an emerging regional leader in
culture, recreation and environmental management, and the City's
reputation as a wonderful place to live, earn, work and play.
Policy A.5.6.1
Policy A.5.6.2
Create art projects that help to shape the City's image, strengthen civic
connectivity and support neighborhood identity.
Implement the public art program to create attraction points, enhance
neighborhood character and support personal interaction.
Policy A.5.6.5 Create landmarks in the city by locating public art in highly visible and
accessible areas such as in Downtown, Clearwater Beach, at city
gateways, and at recreational and cultural destinations to project the City's
image.
Policy A.5.6.6 Encourage the incorporation of historic and current elements of
Clearwater character into public art projects.
The proposed amendment is intended to provide choice within the Community Development
Code, encouraging new construction and redevelopment projects to invest in public artwork.
As such, the above referenced elements of the Comprehensive Plan will continue to be
furthered.
2. The proposed amendment furthers the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendment will further the purposes of the CDC in that it will be
consistent with the following purposes set forth in Section 1-103.
■ It is the purpose of this Community Development Code to create value for the citizens of
the City of Clearwater by: Allowing property owners to enhance the value of their
property through innovative and creative redevelopment; Ensuring that development and
redevelopment will not have a negative impact on the value of surrounding properties and
wherever practicable promoting development and redevelopment which will enhance the
value of surrounding properties. (Section 1-103. B.1; 2. CDC).
Community Development Board — September 17, 2013
TA2013-08007 — Page 2
Y vi�(i� 17 L�Lt,I Level III Text Amendment Review
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PLANNING & DEVELOPMEN7 DEPARTMENT
It is the further purpose of this Development Code to make the beautification of the city a
matter of the highest priority and to require that existing and future uses and structures in
the city are attractive and well-maintained to the maximum extent permitted by law
(Section 1-103.D. CDC).
The amendment proposed by this ordinance furthers the CDC by providing choice and
encouragement to development projects wishing to invest in public artwork, which, as
outlined in the analysis above, are related to ensuring the City is furthering its commitment to
encouraging new construction and redevelopment as well as inspiring private development
projects to participate in the beautification of the city.
SUMMARY AND RECOMMENDATION:
The proposed amendment to the Community Development Code is consistent with and will
further the goals of the Clearwater Comprehensive Plan and the purposes of the Community
Development Code. Based upon the above, the Parks and Recreation Department recommends
APPROVAL of Ordinance No. 8481-13 that amends the Community Development Code.
Prepared by Parks and Recreation Staff
ATTACHMENTS:
Ordinance No. 8481-13
Christopher Hubbard, MA
Cultural Affairs Specialist
Community Development Board — September 17, 2013
TA2013-08007 — Page 3
ORDINANCE NO. 8481-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE,
DIVISION 24, PUBLIC ART AND DESIGN PROGRAM, SECTION
3-2401, PUBLIC ART AND DESIGN PROGRAM, AND SECTION
3-2405, PUBLIC ART AND DESIGN ALLOCATIONS FOR
PRIVATE CONSTRUCTION PROJECTS AND DEVELOPMENTS;
PROVIDING THAT PRIVATE DEVELOPMENT PROJECTS ARE
ENCOURAGED TO INCORPORATE PUBLIC ART INTO EACH
NEW DEVELOPMENT OR RENOVATION PROJECT FOR
WHICH A BUILDING PERMIT IS ACQUIRED, OR IN LIEU
THEREOF, DONATE MONIES INTO THE CITY'S PUBLIC ART
FUND ON EQUAL FOOTING WITH THE CITY'S
CONTRIBUTIONS AS PROVIDED FOR IN SECTION 3-2404;
AMENDING SECTION 3-2406, OWNERSHIP AND
MAINTENANCE, DELETING CERTAIN REQUIREMENTS FOR
OWNERSHIP AND MAINTENANCE OF WORKS OF ART
INCORPORATED INTO PRIVATE CONSTRUCTION
PROJECTS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City recognizes that a superior and diverse aesthetic character of
the City's built environment is vital to the quality of the life of its citizens, the economic
success of its businesses, an attraction for visitors and a benefit to tourism; and that a
public art and design program contributes to the aesthetic enhancement of the
community; and
WHEREAS, to that end, City of Clearwater Ordinance No. 7489-05, adopted
October 6, 2005, established a Public Art and Design program and authorized the
allocation of certain funds in the construction and renovation of eligible City building
projects; and
WHEREAS, in the spirit of promoting public art in addition to the City's
contributions, the City encourages private developers/owners of properties within the
City to invest time, effort and money into incorporating works of art into the development
of their sites, recognizing that the art will not only become an integral, lasting component
of the cityscape, but will be of intrinsic value to their developments; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF CLEARWATER, FLORIDA:
Section 1. Division 24, Community Development Code, Section 3-2401 is hereby
amended to read as follows:
Section 3-2401. Public Art and Design Program.
The City of Clearwater recognizes that providing for public art and enhancing the
appearance of buildings and spaces provides benefits to the community by expanding
the historical, cultural, and creative knowledge of citizens. In keeping with its concern for
the arts and quality of its environment, not less than e# one percent of the total
construction budget of each eligible city capital project shall be allocated as the city
public art contribution for the incorporation of public works of art. Further, eligi�l�private
Ordinance No. 8481-13
development projects s#al�a�s�are encouraaed to allocate not less than one percent of
the aggregate job value for on-site public art to enhance the visuai appeal of the project
and city. An in-lieu-of contribution to the city's public art and design program, as
provided for herein, �•��" ^'°^ c^+,��., +h,� ro..,,;�ew,e�+�s encouraged as an alternative to
the incorporation of art.
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Section 3-2405. Public art and design allocations for private construction projects and
developments.
1. All projects and developments, as listed below, which are submitted for building
permits are encouracted to �s�allocate not less than one percent of the aggregate job
value up to the sum of $200,000.00 per project for the provision of public art.
a. New construction of, or renovation projects related to commercial, industrial, mixed-
use projects and developments, and residential projects and developments�kt+s#
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2. When °^r^;°^+ ;° �„";°^+ +,. +�e �e,.,,;�e.,,e„+ ..� choosing to incorporate works
of public art or provide for a public art allocation, the developer °"^'��has two
options:
a. The developer may contract with a professional artist to create a permanent
public artwork as part of the development project. It is encouraqed that Artworks
�s�be located in publicly accessible locations. If desired, support will be
available from both city staff and the public art and design board to assist in the
selection of an artist. � ,
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.�Some options for the artwork may
include amenities such as streetscapes, paving treatments, architecturally
integrated water features as well as mosaics, murals, or sculpture, etc. �e
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b. In lieu of an on-site project, a developer may contribute .'� ^°�^�^+ .,f +ho
to the city's public art and design program. T"�° �^ �;°" {°°
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2 Ordinance No. 8481-13
Section 3-2406. Ownership and Maintenance.
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3.
Ownership of all works of art acquired on behalf of the city shall be vested in the
city, which shall retain title to each work of art.
All contracts for artwork that will be acquired or accepted for ownership by the
city must be reviewed and approved by the city's legal department.
Ownership of all works of art incorporated into private construction projects shall
be vested in the property owner who shall retain title to each work of art.-I#�►e
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Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
AS AMENDED
Approved as to form:
George N. Cretekos
Mayor
Attest:
Laura Lipowski Mahony Rosemarie Call
Assistant City Attorney City Clerk
3 Ordinance No. 8481-13