The purpose of this article 11 is to beautify the community with a wide variety of quality artistic elements. Residents and visitors may enjoy the artistic elements and will often return to experience them again while shopping or conducting business. This section includes provisions to regulate and establish standards for inclusion of publicly visible public art in planned area development (PAD), commercial, office, employment and municipal development projects.

The city council makes the following findings:

(a)

The visual and aesthetic quality of development projects in the city has a significant impact on property values, the economic well-being of the city and its orderly development.

(b)

Public art plays a role in creating opportunities for cultural tourism, economic development and image building.

(c)

The incorporation of publicly visible public art in PAD, commercial, office, employment, and municipal development projects will enhance the visual and aesthetic quality of such developments, enhance property values and the orderly development of the city.

(d)

Public art creates a unique sense of community and self-image, as well as a public image presented to others which, in turn, can positively affect property owners' willingness to maintain their property and its value.

(e)

Requiring the incorporation of such public art is in the public interest and welfare.

(a)

New construction. All new construction of non-residential PAD, commercial, office, and employment development projects of fifty thousand (50,000) square feet net floor area or greater that will require site plan approval, and all municipal buildings shall be subject to the requirements of this Section.

(b)

Expanded or remodeled. All existing developments in excess of fifty thousand (50,000) square feet that expand or are remodeled to the extent of fifty (50) percent or more of the replacement cost of the building, will be considered newly constructed are subject to the provisions of this article 11.

(c)

Exemptions. All residential, general industrial (A-1 Zoning District), non-profit and/or non-municipal governmental development shall be exempt from the requirements of this chapter, provided that non-profit status is not obtained for the sole purpose of avoiding the requirements of this section.

(d)

Discretionary review projects. Nothing contained in this article 11 shall prevent the city council and/or the planning and zoning commission from imposing requirements for inclusion of public art in a particular project not mentioned in this article 11 by means of specific plan, conditional use permit, or other discretionary review where it is determined that facts particular to the proposed development warrant such a conditional approval. Where the planning and zoning commission or the city council deems it appropriate, several small projects may pool resources to provide one (1) larger public art piece.

(e)

Additional council exemption. The city council may exempt any municipal building from the provisions and requirements of this section by a majority vote of a quorum of the city council present and voting. The city council may provide annual funding to the municipal art committee for the purpose of securing public art, as the budget allows.

All subject property developments of fifty thousand (50,000) square feet net floor area and above shall provide for the installation and maintenance of exterior public art on the property being developed, which must be visible or accessible to the public, except where a fee in lieu of public art on site is elected pursuant to section 28-267. Smaller projects are encouraged to incorporate artistic functional design elements.

(a)

General. Before installation, the owner of the subject property will obtain approval of a public art on-site application demonstrating the placement of the public art on the site. In addition, the owner of the subject property shall maintain the public art, or cause it to be maintained, in good condition continuously after its installation in accordance with subsection 28-268(f) below. No piece of required public art approved pursuant to this section may be removed, except for required maintenance or repair, without the prior, written approval of the city, which may be conditioned upon replacement of the piece.

(b)

Media. The required public art that may be used to satisfy the requirements of this section may include, but are not limited to, the following:

(1)

Sculpture: In the round, bas-relief, mobile, kinetic, electronic, in any material or combination of materials.

(2)

Painting: All media, including, but not limited to, murals.

(3)

Mosaics: Pictures or decorative designs made by setting small colored pieces, such as stone or tile, into a surface.

(4)

Artwork: In clay, wood, metal, plastics and other materials.

(5)

Mixed media: Any combination of forms or media, including collage.

(6)

Unique features: One-of-a-kind building features and site enhancements such as gates, benches, water features, walkways or bridges, and public use items including decorative trash receptacles, provided that each item has been commissioned by a visual artist or public context designer.

(7)

Other items: Any other form of public art determined by the Avondale Municipal Art Committee or city council to satisfy the intent of this section. Applicants are strongly encouraged to utilize local visual artists or public context designers; however, all visual artists or public context designers must be able to provide a portfolio of accomplished public art projects showcasing their experience.

(c)

Identification. Each public art piece shall be identified by a plaque stating the visual artist or public context designer's name, public art piece title, and date the work was dedicated. The plaque will be placed in an appropriate location near the public art piece that can be easily accessed by pedestrians.

(d)

Installation. Except as otherwise provided in this section, no certificate of occupancy shall be issued for the subject property until the required public art piece has been installed on the property. If such installation prior to the anticipated date of occupancy is impractical, the city manager or authorized designee may allow occupancy of the building or portion thereof prior to installation of the public art piece, provided that the applicant has filed adequate security with the city to guarantee installation of the public art piece as required in the form of a bond, letter of credit, cash deposit, or similar security instrument, along with an agreement to install the required public art piece, in such amount and form as is acceptable to the city manager or authorized designee and the city attorney. Such security may be drawn upon or liquidated and the funds transferred to the public art fund if after one (1) year the public art is not installed.

(a)

All public art required by this section shall have a minimum valuation equal to one-quarter (0.25) percent of the valuation of the new construction, remodeling or replacement (hereinafter "art valuation"), subject to the following maximum investment caps based upon the net floor area of the development:

(1)

For projects of fifty thousand (50,000) to two hundred fifty thousand (250,000) square feet, a cap of one hundred thousand dollars ($100,000.00).

(2)

For projects of two hundred fifty thousand one (250,001) to three hundred thousand (350,000) square feet, a cap of one hundred twenty-five thousand dollars ($125,000.00).

(3)

For projects of three hundred fifty thousand one (350,001) and greater square feet, a cap of one hundred fifty thousand dollars ($150,000.00).

(b)

The building valuation shall be based on the cost of construction established by the city's building division for purposes of calculating the building permit fees. The art valuation is determined when the applicant submits an application for a building permit. If the building valuation increases or decreases by ten (10) percent or more due to project modifications, additions or deletions, the art valuation shall be revised to reflect the increased or decreased building valuation as determined by the building division.

(c)

Included items. All of the following expenses may also be included as part of the art valuation:

(1)

The public art piece itself, including the visual artist or public context designer's fee for design, structural engineering, materials, and fabrication.

(2)

Transportation and installation of the public art at the site.

(3)

Identification plaque(s).

(4)

Mountings, anchorages, containments, pedestals, bases, or materials necessary for installation of the public art.

(5)

Illumination of the public art as appropriate.

(d)

Excluded items. None of the following items shall be included as part of the art valuation, but shall be borne separately by the developer/property owner:

(1)

The cost of locating the visual artist or public context designer.

(2)

Architect and landscape architect fees.

(3)

Land costs.

(4)

Mass-produced objects such as playground equipment.

(5)

Services or utilities necessary to operate or maintain the public art piece over time.

(6)

Landscaping around sculpture, not integral to sculpture design.

(7)

Publicity, public relations, photographs or dedication ceremonies.

(8)

Utility fees associated with activating the public art piece.

(e)

Insufficient value. If the valuation of the public art piece is less than the minimum art valuation as determined by this section, the difference shall be deposited into the public art fund.

(a)

Payment and amount of fee. The applicant may elect to pay a fee in lieu of public art on site to the public art fund established by the city, in lieu of procuring and placing public art on the applicant's project. The fee shall be equal to the art valuation determined under section 28-266 above.

(b)

Maintenance of account. Any monies collected by the city in accordance with the in lieu contribution provisions of this chapter shall be deposited in a separate account denominated as the "public art fund" and used at the sole discretion of the city.

(c)

Use of account. The public art fund shall be used for the following purposes:

(1)

To provide public art in public places, including permanent and temporary exhibits, to further the intent and purpose of the public art master plan.

(2)

To hold pooled monies for later purchase of public art.

(d)

Distribution of funds. The Avondale Municipal Art Committee shall make recommendations to the city council regarding the use of monies collected in the public art fund in keeping with the parameters of sections 28-268 and 28-269.

(a)

Selection. Developers who elect to provide a public art piece within the development may utilize the Avondale Municipal Art Committee catalog as a resource in selecting a visual artist or public context designer to ensure that the proposed piece (i) is in alignment with the public art master plan and other guidelines, and (ii) is appropriate to the site. However, the developer may also choose a visual artist or public context designer who is not represented in the catalog. Criteria to be considered in the selection of public art shall include the following:

(1)

Quality: The public art piece demonstrates originality, artistic excellence, and quality.

(2)

Media: All visual forms and media may be considered as outlined in subsection 28-265(b), subject to the approval of the Avondale Municipal Art Committee.

(3)

Style: Public art of all schools, styles, and tastes should be considered.

(4)

Response to site: Public art and art places should be appropriate in scale, material, form, content, and value for the immediate, general, social, and physical environments with which they are to relate.

(5)

Team approach: Encourage the early involvement of the visual artist or public context designer as a member of the project design team.

(6)

Durability: Consideration should be given to structural and surface integrity, permanence, and protection against theft, vandalism, weathering, excessive maintenance, and repair costs.

(7)

Elements of design: Consider that public art, in addition to meeting aesthetic requirements, may also serve to establish focal points, terminate areas, modify, enhance, or define specific spaces, or establish identity.

(8)

Public liability: Public art and art places should be examined for unsafe conditions or factors that may bear on public liability.

(9)

Diversity: Strive for diversity of style, scale, media, designers, community values, forms of expression, and equitable distribution of public art throughout the city.

(b)

Application. Prior to submittal of an application, a pre-application conference with the department as outlined in section 28-7 is required to become familiar with the requirements of this section 28-11 and city procedures. The application materials will be provided to the applicant at this time. The public art application shall be submitted as part of the development site plan and design review application to ensure that the public art is well integrated within the overall site plan. It shall include all of the following:

(1)

Conceptual plan indicating the location and orientation of the public art within the site and the landscaping and/or architectural treatment integrating the piece into the overall project design.

(2)

A sample, model, photograph or drawing of the proposed piece.

(3)

Material samples and finishes, if appropriate.

(4)

A résumé and at least one (1) reference of the proposed visual artist or public context designer.

(5)

Slides and/or photographs of the proposed visual artist or public context designer's past work which demonstrates like work to the proposal.

(6)

A written itemized statement by the visual artist or public context designer describing the response to the site and/or the physical environment with which they are to relate.

(7)

A written statement or invoice by the visual artist or public context designer declaring the valuation of the public art.

(8)

Statement of the ongoing maintenance requirements.

(c)

Review period. The completed public art application shall be forwarded by the department to the Avondale Municipal Art Committee for review and action. The Avondale Municipal Art Committee shall review the application at its next scheduled monthly meeting, subject to posting requirements, and may make recommendations regarding possible changes, modifications or additions to the proposed public art. Seven (7) days prior written notice shall be provided to the applicant of the time and place of the meeting at which the application will be heard by the Avondale Municipal Art Committee. The applicant or applicant's representative may elect to present their proposal to the committee; however, a presentation is not required. The applicant will be notified of the Avondale Municipal Art Committee's decision within five (5) business days.

(d)

Approval. The Avondale Municipal Art Committee shall approve or deny the public art application based on the public art master plan and the guidelines in section 28-269 below. The Avondale Municipal Art Committee may conditionally approve a proposed public art application subject to such conditions that the Avondale Municipal Art Committee deems reasonably necessary for such public art to satisfy the guidelines referenced in section 28-269. If the application is not initially approved by the Avondale Municipal Art Committee, the committee shall provide the applicant and the department with review comments within five (5) business days. The applicant shall attempt to address the review comments and resubmit the art application at least once before the appeal process outlined in section 28-270 can be initiated. If the application is approved by the Avondale Municipal Art Committee, the applicant will be sent a letter of approval within five (5) business days of committee action.

(e)

Installation. The public art piece must be installed in accordance with the approved site plan prior to issuance of a certificate of occupancy for the new construction, unless the posting of security has been approved and made pursuant to section 28-267.

(f)

Maintenance. All privately sited public art pieces shall remain the property of the owner for the life of the certificate of occupancy. Title and ownership of the public art piece shall transfer in whole or in part to any successor in interest of the structure. The owner of the public art piece shall provide all maintenance necessary to preserve the work in good condition. In addition, the owner of public art shall maintain in full force and effect fire and extended insurance coverage, including, but not limited to, vandalism coverage, in a minimum amount of the greater of the fair market value or the purchase price of the subject public art. Failure to maintain the public art will make the owner subject to possible liens against the real property.

(a)

The guidelines for review of the public art on site shall be in conformance with the public art master plan and the following objectives:

(1)

Portray a unique or thematic design.

(2)

Be appropriate in scale, form, content, materials, textures, colors and design to the site and surrounding environment.

(3)

Be compatible in design and location with the design character or historic character of the site.

(4)

Create an integral and complementary unity with the environment.

(5)

Preserve and integrate natural features.

(6)

Consideration of the public's safety.

(7)

Be durable in material and easy to maintain.

(8)

Demonstrate quality, artistic excellence and originality.

Any final decision of the Avondale Municipal Art Committee may be appealed to the city council. Said appeal shall be in writing stating the grounds thereof. All proceedings initiated by the action of the Avondale Municipal Art Committee shall be suspended pending a final determination by the city council of the merit of the appeal. The city council's decision regarding the appeal shall be final and not subject to further review or appeal.