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Minutes 09-26-06 EXCERPT OF ITEM V - BUSINESS ITEMS MINUTES OF THE CITY OF BOYNTON BEACH ARTS COMMISSION MEETING HELD ON TUESDAY, SEPTEMBER 26, 2006 IN SUITE 106, C CHAMBER OF COMMERCE, BOYNTON BEACH, FLORIDA AT 6:30 P.M. ITEM B - PROJECTS distributed . at, Commu the d Fed th si ublic Art Administrator s, CRI}Arts liaison Present: Richard Beau Lieu, Chair Suzette Urs, Vice Chair Cheryl Arflin Angela Budano Barbara Lentz Christine Moeller, Alt. Barbara Ready, Alt. Nubia Richman Absent: Jean Kashan V. BUSINESS ITEMS B. Projects whl move project, th the time line 0 avoid having to r made in order to ace Jes-Dobay, discussed the Las Ventanas Project and .... 'spe had with Lisa Bright, Executive Director of the Brooks, Community Redevelopment Planner, and 1ect was located on the corner of Woolbright and I commity project with two large complexes and retail on having an issue with the Public Art Ordinance. They had a 1, 2006 and were applying for a site plan extension. The :0 but if they did, they were subject to the 1% art fee, of about $490K. Another issue was the developer wanted to s is, and if they had to go back and incorporate art into the eeded to be made, affecting all the reviewing departments and e developer was done with the project design and was trying to project because of the site plan changes that would need to be date the ordinance. The developer acknowledged if they added a fountain, then art would be added; however, the developer contended they would not only be looking at the cost of the entire fountain, but at the associated infrastructure costs and redesign fees as well so they could not take advantage of that type of art by incorporating it into the project. Instead, they were considering "plop" art which was basically, "plopping" art on the site with a sculpture or another feature and were coming to the Arts Commission requesting they consider a possible discount or direction as to Arts Commission Meeting Minutes Boynton Beach, FL September 26, 2006 what the Arts Commission thought would constitute art in their project. Ms. Coles-Dobay explained the ordinance specified the fee could be incorporated into the project design and some of the fee could be returned, or the developer could use the funds to place art elsewhere in the City (not on their site) and get credit. Ms. Coles-Dobay suggested looking at the pre-construction fencing and incorporatingV:~lJals tP,peautify the area until the project begins to be constructed. Since the developer ca ..,." rate the art into the site plan review process, they wanted the process se ~~te ct would not be delayed. Ms. Coles-Dobay did not see an issue with that'se th could be added at any time. For example, a sculpture could be ad de th pi d. She had indicated to the developer at the meeting shew in mission. Ms. Coles-Dobay also wanted to discuss, in additioni.t()'~rS)~prpject, that if Commission considered some type of concession or deviation",f/i)r>t , there were several other projects coming down the line. She asked Ms. Vivialll3roos projects she was aware of that had similar concerns. Ms. Brooks had a list of several projects ,a have gone through the procedure the City required and had p ineers and all else concerned in the process. The market did slow, all ~t construction financing. Ms. Brooks gave the following scenario: if))",., '. canljQtsell y ,', 'I;jtts because there are plenty of other units on the market that:notigellingl~~e lendef'i:~i11lend the funds. The issue was perhaps bad timing. The east s ..... I'Boynton,f1 '" ,;~~',~redeveloped. EPOCH is a very large project having equity partners ;',with multiple, ....~h~f'financing. It takes a long time to get the deal done. Las Venta9~' verything in linaria now had a 1 % cost difference for the entire value of the projectIi; .',prted that was a large amount, and it was unanticipated. The developers (:~i,d not track it, ' 'ithey had already received site plan approval. velop~ pt trying to beat the arts fee; the projects came hot an 'u~n the market died. The City of Boynton Beach was e this situation. Ms. Brooks thought the impact was worse for e late coming into the redevelopment arena. West Palm redeveloped twenty years ago and the Arts Commission . An example given was if you purchased a home and your up 1% and it was unexpected, it would change everything, evelopers. ~ere opportunities for the developer to pass on the expenses to the mmented the Promenade just sold to someone else. Vice Chair Urs rl buyers of the units. Ms. Coles-Dobay reported the other question was how many other projects in the past, such as the Arches and Marina projects, were in the phase Las Ventanas was in, and who had either applied for an extension, flipped the property or made major site plan modifications based on the market. She explained Renaissance Commons was changing their site plans because the market was soft. 2 Arts Commission Meeting Minutes Boynton Beach, FL September 26, 2006 Ms. Vivian Brooks explained she was not necessarily in agreement that who ever comes in for site plan gets hit with the fee. Ms. Coles-Dobay clarified the fee occurs at the time of permit. Ms. Brooks was in favor of art when the site plans were a major site plan modification. Ms. Coles-Dobay thought a good study with the Building Department would be to determine how many projects started with the site plan and asked for an ~xtension and of those projects - from the time of extension until they actually went to permit, h' any. those plans were changed and to what degree. She thought it would reflect alar, :e changed their projects radically because they adjusted their plans based n1 s should be ,for a year o it. Ms. Arflin noted the situation was the cost. calculating market changes. She commented th. and the Arts Commission could not deviate froml Ms. Brooks indicated the City Commission changedllJe~... from the time the arts fee was instituted and noted all the' through the process. If a site plan was going ire two m building permit, they could be hit with the, n, have to loan being due at the same time. Ms. some type of balance between obtaining Ms. Budano asked how many projects,): . in",ml~ sam Las Ventanas was in. Ms. Brooks replied almost all of theqJii Ms.'-' oles1'f~~,bay aS~'L' how many projects were finished with their site plan and were,i 'ing for e~ion~.~rn,(J whether it could be forecast or guaranteed when they went fo nsions, the~, ' 'lgi$taY with the plan they had. Ms. Brooks explained the developer h ht to do wh Hey want but if they changed the plan by 20%, that would be a maj , ,modification. Ms. Arflin'Y' deal. Ms. C they can get rei . ,cannot make individual concessions, otherwise, a '.issue was not the art fee, it was the extension. eady to .,., 'and if their site plan expired before they obtained ,<;>ject withOut a site plan and they would be out of compliance. of the process. Many were clearing their land, which may they were trying to circumvent the fee. Ms. COles-Dobay r developer is looking for a concession of $150K out of a $70M ed the fee for Las Ventanas is $700K. If they put art on site, . The plans are done. The board discussed it was the developer's prerogative where to put the art and the issue was not the ordinance. It was the going back for changes. The ordinance has not been modified to include site plan extensions. It was always that way. The only thing that happened was the fee was challenged. The City of Boynton Beach Planning and Development staff and Vivian Brooks of the CRA advised the developer of the art requirements. Ms. Budano commented the Arts Commission was empathetic to the needs of developer. Ms. Vivian Brooks explained with Las Ventanas, 3 Arts Commission Meeting Minutes Boynton Beach, FL September 26, 2006 they contended they were too far along in their project to incorporate the art. Their paving was approved. They had drawings already and now they had to redraw the plaza area. Ms. Budano explained they did not have to redraw the plans and it did not have to be an additional cost. It could be hardscape, fountains, or anything for part of the project. Ms. COles-Dobay asked Ms. Brooks what kind of incentivesi!'} these developments. Ms. Vivian Brooks responded they,"" Ocean 500 projects were the only ongoing proje~.: It . ordinance passed they could use some of their " '".l1tives thought it should not take that much to red. ,Putti discussed with the developer. It was determi" "rteo landscaping design would have to be redrawn. ,'.,... mounts were invested with ntives. The Arches and envisioned that once the costs. Ms. Richmond -aQQut area was J~:%,~~';\ ""~cause the ,';ij{<;:: . Chair Beau Lieu thought a vote should be taken ontQerTl~,. board concurred, having some type of prepared information and considered art should be made available to elopers. or an artist concept of a walkway, som " window mosaic. Ms. Coles-Dobay explained the ncerned a the art would set them back. Budano suggested, and the what could be substituted . this would be pavers ts or archways, or a how much time adding ',;'>;<"'';. '~.~i/' j;;~r;:'" The board discussed how to do this withq9tsetti~Q,a precw.ij:Ms. Vivian Brooks added there were other developers in the s sitUation.",~~eir dO~~l'T1ents were done. Even adding a fountain could mean there mi ,infrastru ,', . '" 9~9.~S. In mixed-use projects there was not a lot of green space, so pavers, b,,\"You use them, the pervious areas need to be maintained. Ms. Co had prepar ormation showing what could be used as art and she conveyed the' were receptive to the concept when they initially came in to start the prqc~~~. ,~"::c "1 <-:':"'~ project'~~l~~ii,was a smaller project, was very enthusiastic about ,. :he devel0p~rs listed on Ms. Brook's handout were finished with . the bigger projects were okay with the art because they had n other places. But not all developers were familiar with the cities could get into trouble, legally, if developers were not e, there would be no issue. She suggested finding a way to ilj:;:" .:: '. Ms. Arflin explijl13, . charge against'fh and the 1%. changes. Even if the developer supplies art that they could 'would still have to pay the balance between the cost of that art Ms. Vivian Brooks requested clarification. She noted the Arts Commission indicated the developer could get some of the arts fee monies back. She asked if this applied even if the developer did not provide the art on site. Ms. Coles-Dobay explained the developer could receive 70% of the 1 % if they incorporated art into their project or they wanted to donate those dollars to place art elsewhere in the City. They would receive credit for that 70%. 4 Arts Commission Meeting Minutes Boynton Beach, FL September 26,2006 Ms. Arflin commented it was probably misleading, because the developer would not receive the funds back; they would have had to invest it in the art, or pay the Arts Commission to obtain the art. Ms. Budano indicated if they did not want to trigger any soft costs of the projects, they could pay the 1%. Ms. Vivian Brooks confirmed $700K cangi;lye a ., whopping impact on a developer's budget and could mean the difference betweI. ard with the project or not. Ms. Budano suggested looking for alternatives,. She expressed she hoped the developer coul major site plan modification. Las Ventanas w board further brainstormed about incorporating s tiles or murals/mosaics. Using window trim or s discussed and it was determined a commercial artist lOgo board discussed that they would be appro bout this developers what art to use. Rather, they' to provi considered art. The board empathized I one developer they would have to ma. spent reviewing this topic. Motion Ms. Arflin suggested taking a v into law and that 1% is char Vice Chair Urs seconded {':fC"Y,;: . g~jt;yof the original plan that was passed nswritten in the ordinance stand. arried. Respectfully 5