HomeMy WebLinkAboutInv# cr -47485735 - 801 E Dania Beach Blvd, LLC - 08/19/2025 (2)ORDINANCE NO.2023- O\2
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 28 ENTITLED *LAND
DEVELOPMENT CODE'" PART 8 ENTITLED "TECHNICAL APPENDIX'"
ARTICLE 8II, ENTITLED "PUBLIC ART PROGRAM" AT SECTIONS 811-
I5'" AND SECTION 81I-70 ENTITLED'BUILDING PERMITS'' TO CLARIFY
THAT FOR A DEVELOPER TO PLACE PUBLIC ART ON DEVELOPER'S
PROPERTY THE DEVELOPER IS TO (1) PAY .25% TOWARDS THE ART
FUND,AND (2) pAyANADDTTTONAL.2s% TO ESCROWTO ENSURETHE
CONSTRUCTION AND TIMELY PLACEMENT OF THE PUBLIC ART ON
THE DEVELOPER'S PROPERry IN COMPLIANCE WITH THE PUBLIC ART
PROGRAM, AND (3) CLARIFYING THAT THE ESCROW FUNDS ARE
RETURNED TO THE DEVELOPER IF COMPLIANCE IS ACHIEVED,
OTHERWISE THE ESCROW FUNDS ARE DEPOSITED INTO THE CITY'S
ART FUND FOR USE IN THE CITY'S PUBLIC ART PROGRAM;
PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS,
PROVIDING FOR SEVERABILITY; AND FURTHER. PROVIDING FoR AN
EFFECTIVE DATE.
WHEREAS' on December r0,2019, the ciry adopted ordinan ce 2019-025 creating the
City's Public Art Program; and
WHEREAS, on April 26,2022, the city adopted ordinan ce 2022-016, which created the
Public Art Advisory Board to provide a plan and recommendations to the City Commission on
public art; and
WHEREAS' the city desires to update and clari& one point in the public Art program,
which is that for a developer to place public art on developer's property (versus sim ply paying .5%o
to the city's Public Art Fund) the developer is to (1) pay .25% towards the art fund, and (2) pay
an additional .2502 to escrow to ensure the construction and timely placement ofthe public art on
the developer's property in compliance with the public art program, and (3) to clarisr that the
escrow funds are to be retumed to the developer if compliance is timely achieved, otherwise the
escrow funds are deposited into the city's art fund for use in the city's public art program; and
WHEREAS, the city Administration supports the further refinement of the pubhc Art
Program.
Now, THEREFORE' BE IT OR.DAINED BY THE CITY coMMrssloN oF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "wHEREAS" clauses are ratified and confirmed as being
true and correct, and they are made a part ofand incorporated into this Ordinance by this reference.
Section 2. That Chapter 28 entitled "Land Development Code", part 8 entitled
"Technical Appendix", Article 810, entitled "Public Art Program" at Section 810- 15", and Section
810-70 entitled "Building Permits", is amended as follows:
Sec. 811-50, - Application procedures for placement ofart on private property.
An application for placement of art on private property shall be submitted to the community
Development Director or designee and shall include:
(A) Preliminary sketches, photographs or other documentation of sufficient descrintive claritv
to indicate the nature ofthe proposed art;
(B) An appraisal or other evidence of the value of the proposed art including acquisition and
installation costs (to establish the value of art submitted to comply wrn tlis program's
requirements, the city may contract with an independent art appraiser to provide a written
appraisal of the art. Such appraisal shall either be funded from the public irt fund or by the
developer as part of the overall art contribution);
(c) Preliminary plans containing such detailed information as may be required by the city to
adequately evaluate the location ofthe art and its compatibility with the prbposed ievelopment
project and/or with the character ofadjacent developed parcels and the eiisting neighborliood;
(D) A nanative statement to be submitted to the City to demonstrate that the art will be displayed
in a public place; and
(E)_ A ,statement indicating the property owner's willingness to maintain the art in comp5ance
with all applicable City Codes.
Sec. 811-70. - Building permits.
(A) Prior to issuance ofa final building permit, the applicant or developer for projects subjectto this article shall be required to comply with one of G followins:
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(r) In-lieu public artfee. Pay one-half of one percent (0.5%) of the cost of the proposed
development project, as an "in lieu" public art fee, with a minimum payment of five thousand
dollars ($5,000.00) and a maximum payment of two hundred fifty thousand dollars
($2s0,000.00); or
(2) Combination of inJieu public arl fee and placement of art on sile. Placement ofart on the
site of the development project, which shall have a minimum value ofone-quarter ofone percenr
(0.25%) ofthe cost of the proposed development project combined along with a one-quarter of
one percent (0.25%) payment of an "in-lieu" public art fee. The owner shall provide
documentation to the City that the art fee has been deposited into an escrow account for said
purpose prior to the issuance of a building permit. Prior to placement on the developmenr slre,
the art must be approved by the Community Services Director or designee and coniorm to the
adopted public art guidelines.
(i)If the art is to be placed on site, the owner shall be given up to nine (9) months after
issuance ofthe building permit to obtain approval ofthe proposed placement ofart from
the Community Services Director or designee, unless the Community Services Director
or designee grants an extension for good cause as determined in theii sole discretion. If
no such approval is obtained within the time period, the City shall require transfer of
required art fee funds to the fund.
(ii) The owner shall be given up to nine (9) months after the issuance of a certificate of
occupancy to install the art, as approved by the community Services Director or designeein accordance with adopted pubic art program guidelines. The community services
Director or designee may grant one additional six_month extension for eooi cause as
determined in their sole discretion. If no installation occurs within the
-required
time
period, art fee funds shall be transferred from the escrow account to the fund.
(iiD
section 3. That ifany section, clause, sentence, or phrase ofthis ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions ofthis Ordinance.
Section 4. That all ordinances or part of ordinances in conflict with the provisions of
the Ordinance are repealed.
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Section 5. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSED on first reading on May 23, 2023.
PASSED ANDADOPTED on secondreadingon J,AI1-Q | 3 .zozl.
APPROVED AS TO FORM AND CORRECTNESS:
CITYCLERK
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