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HomeMy WebLinkAboutR-2023-056 Approval of Pronto Pizza MuralRESOLUTION NO.2023-056 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PURSUANT TO SECTION 811-140, OF THE LAND DEVELOPMENT CODE, THE APPLICANT, PRONTO PIZZA, REQUESTS APPROVAL OF ITS MURAL LOCATED AT 300 S. FEDERAL HIGHWAY, DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A," A COPY OF WHICH IS ATTACHED TO AND INCORPORATED BY REFERENCE INTO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 26, 2022, the City Commission approved Ordinance 2022-016, which amended the City's Public Art Program to include review of all murals visible to the public, whether on public property, private property, publicly funded, or otherwise; and WHEREAS, Section 811-140 of the City's Land Development Code, entitled "Mural Guidelines" provides that the City of Dania Beach recognizes that a superior and diverse aesthetic character of the City's built environment is vital to the quality of the life of its residents, and to the economic success of its businesses; and WHEREAS, the City of Dania Beach Public Art Program is intended to encourage a stimulating cultural environment that reflects and enhances the City's heritage, diversity, and character through public artworks integrated in the architecture, infrastructure, and landscape; and WHEREAS, murals are an important part of the program that is to be first reviewed by the Public Art Advisory Board, which met on May 15, 2023, and approved the proposed mural depicted in Exhibit B, which exhibit is incorporated by reference into this resolution; and WHEREAS, the City's mural guidelines are designed to assure that murals within Dania Beach enhance the appearance of the area without confusing drivers and/or pedestrians or causing any other negative impact on public safety or welfare; and WHEREAS, the proposed mural theme for this property is a connection through music and art that depicts a colorful image of waves of music, city life and sunshine; and WHEREAS, this mural will provide a wonderful photo opportunity for both visitors and residents of the City of Dania Beach; and WHEREAS, all publicly viewed murals must be: (1) visually accessible to the public; (2) made of materials that ensure mural longevity and durability; (3) be painted on a surface and structure that is stable and ready for painting; (4) meet standards of artistic quality and suitability for the neighborhood; (5) that the property owner and artist have a plan for painting the mural that ensures the safety of painters and the public, and that does not impede public access. If the safety plan submitted is not being adhered to, and the City has identified a safety risk to either the artist and/or the public, the City has the right to stop work until such time that safety issues or concerns are addressed by the artist; (6) that the artist use an approved graffiti/UV coating on the finished mural that provides resistance to vandalism and weather; and (7) that the business/property owner provide a copy of a signed agreement in which the business/property owner commits to keep the mural unchanged and in good condition for a minimum of five (5) years for permanent murals; and WHEREAS, the Public Art Advisory Board and the City Administration are recommending approval of the mural. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That pursuant to Chapter 28 "Land Development Regulations," at Section 811-140, the City Commission approves the mural depicted in Exhibit `B." Section 3. That the approvals granted by this Resolution are subject to the Applicant's compliance with the following conditions: A. That the artist uses an approved graffiti/UV coating on the finished mural that provides resistance to vandalism and weather; B. That the business/property owner provide a copy of a signed agreement in which the business/property owner commits to keep the mural unchanged and in good condition for a minimum of five (5) years for permanent murals. Section 4. All resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. RESOLUTION #2023- Section 5. That this Resolution shall become effective upon its passage and adoption. PASSED AND ADOPTED on June 13, 2023. ATTEST: ELORA C ARCM CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: RESOLUTION #2023-. © 5t4p EDIT "A" LEGAL DESCRIPTION Commencing at the Southeast comer of the NE 1/4 of the NE 1/4 of the NW 1/4 of Section 3, Township 51 South, Range 42 East; thence, running 100 feet South parallel on the West side of County Rock Road to a certain stake set; thence West 110 feet; thence North 100 feet; thence, East 110 feet to the point of beginning, excepting therefrom the East 33 feet of said tract which has been conveyed to Broward County, Florida, for use as a public road, said lands situate, lying and being in Broward County, Florida. Together with, The East 160 feet of the following described parcel of land; that part of the Southeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 3, Township 51 South, Range 42 East, described as follows: Commencing at a point 100 feet South of the Northeast comer of the Southeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 3, then run West 310 feet, thence South 50 feet, thence East 310 feet, thence North 50 feet to the place of beginning; and the South 15 feet of the North 165 feet of the East 160 feet of the Southeast One Quarter of the Northeast One Quarter of the Northwest One Quarter of Section 3, Township 51 South, Range 42 East, said land situate, lying and being in Broward County, Florida. RESOLUTION #2023 05Co