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Agenda 10/22/2019 Item #11A (Report - Murals)10/22/2019 EXECUTIVE SUMMARY Recommendation to accept a report on current codes and regulations that govern murals in Collier County. OBJECTIVE: To deliver a report on the current codes and regulations that govern murals in Collier County. CONSIDERATIONS: At the September 10, 2019 Board meeting staff was directed to prepare an overview of the current codes that govern murals in the County. Section 5.06.00 of the Collier County Land Development Code (LDC) defines "mural sign" very broadly as "A sign that is a painting or an artistic work comprised of photographs or arrangements of color that displays a commercial or noncommercial message, relies solely on the side of the building for rigid structural support, and is painted on the building or depicted on vinyl, fabric, or other similarly flexible materials that is held in place flush or flat against the surface of a building." Under this section of the LDC, murals are defined as both commercial or non-commercial imagery. Further, Section 5.06.06 of the LDC states that "Any sign not specifically permitted by this sign code shall be permitted," and no section within the sign code (5.06.00) specifically permits murals. Therefore, murals have been considered prohibited throughout the County, except where specifically allowed by two existing Ordinances. Per Ordinance 2010-23 and Ordinance 2012-39, murals are currently allowed in the two community redevelopment areas: Bayshore Gateway Triangle and Immokalee. Immokalee CRA: In 2010, Ordinance 2010-23 was adopted which included revisions to the Immokalee Overlay District including clarification that nothing in the Immokalee Urban Overlay District prohibited murals on exterior walls of commercial buildings provided the murals were reviewed and approved by the Collier County Community Redevelopment Agency (CRA) staff. Murals are not allowed to contain text for the purpose of advertising any business or commercial activity. In 2009, prior to the ordinance being adopted, eight applications for murals were submitted and three were denied due to lettering. All eight murals were painted, however seven of the eight were issued code violations due to lettering on the murals. Three murals were removed, two applied and received sign permits and two removed the lettering and maintained the mural. In 2018, one application was reviewed and approved by the Immokalee Local Redevelopment Advisory Board, but the mural has not been painted to date and in 2019, one application was reviewed and approved by the Local Redevelopment Advisory Board pending modification to the design as presented. The table below lists the current murals in the Immokalee CRA: Business Name Business Address Date Submitted Staff recommendations for mural Notes Los Gator's Bar 200 South 3rd Street 11/18/2009 Remove lettering or Sign Permit required Sign Permit received. J&J Produce 829 East Main Street 11/18/2009 Remove lettering or Sign Permit required Sign Permit received. Legrand Caribbean Market 402 South 1st Street 11/18/2009 Remove lettering or Sign Permit required. Mural remains and lettering was removed. Fred's Drive Thru 110 North 1st Street 11/18/2009 Remove lettering or Sign Permit required. Mural remains and lettering was removed. Roma In Havana 1025 West Main Street 11/18/2009 Approved as presented Mural is still up RCMA 402 West Main Street Prior to 2009 No Review Mosaic Mural Bayshore Gateway Triangle CRA: In 2012, Ordinance 2012-39 was adopted which created the Bayshore Gateway Triangle Mixed Use Overl ay District and allowed for murals. The code states 11.A Packet Pg. 690 10/22/2019 murals are allowed as public art within the Bayshore Gateway Triangle Redevelopment Area (BGTCRA) subject to the following conditions: 1. Murals are only allowed on commercial, civic or institutional buildings. 2. Building must be located within the proposed Cultural District boundary , Community Redevelopment Agency Resolution 08 -60, and cannot be located along U.S. 41. 3. One mural is allowed per building. 4. Murals are permitted on sections of buildings where there are no windows or doors or where the mural will not interfere with the building's architectural details. 5. The mural cannot exceed 200 square feet unless specifically approved by the CRA Advisory Board. 6. The mural shall not contain text for the purpose of advertising any business or commercial activity. 7. The mural cannot be temporary in nature and the building owner must commit to maintaining the mural. 8. Review and approval from the CRA Advisory Board is required to ensure the mur al complies with the conditions above and that the artwork complements the design of the building in color, shape, and location. The table below lists the current murals and signage in the BGTCRA. Business Name Business Address Date Submitted to Advisory Board Advisory Board recommendations Notes A.Jaron Fine Jewelry Store 3784 Bayshore 6/6/2017 Approval Found in compliance. April 10, 2018 Naples Beach & Bay Realty3200 Bayshore 9/5/2017 Approval Found in compliance. April 10, 2018 Bamz Restaurant 2464 Tamiami Trail East Prior to 2012 N/A No code violation reported. Mural remains. At the April 3, 2018 annual meeting of the CRA Board and the Local Redevelopment Planning Advisory Board, the Board agreed that no new mural applications for the BGTCRA would be accepted until a process for public art was established. At the April 10, 2018 Board meeting, the Board approved the hold on accepting any new applications for murals in the BGTCRA and directed Code Enforcement to stay all current Code Enforcement proceedings related to murals in the BGTCRA. While the code allows for murals, an implementation process that includes such items as: clea r definitions, clear understanding of allowable locations, performance standards, long-term maintenance, liability, and enforcement were never established. Following direction at the annual meeting, staff began working with the Collier County United Arts Council to establish a process including an Art Committee to review applications. Discussions expanded to include all types of public art and the need to have a public arts master plan. At the November 14, 2018 BGTCRA Advisory Board meeting, staff brought forward the County’s Strategic Cultural Arts Plan and the opportunity to coordinate with the existing consultants working on the plan to develop a public arts master plan for Bayshore, following completion of the county-wide plan. In April 2019, the amendment to the CRA Redevelopment Plan was adopted, which included a non- capital project listed in the short-term implementation steps for the development of a Public Arts Master Plan. Community members from both redevelopment areas are participating heavily in the County-wide Strategic Plan. BGTCRA is ready to begin a Public Arts Master Plan, as soon as direction is received, 11.A Packet Pg. 691 10/22/2019 either as part of a County-wide public arts plan or as a pilot project that could be expanded to cover the entire County. FISCAL IMPACT: There is no fiscal impact associated with this report. GROWTH MANAGEMENT IMPACT: In the event that a Public Art Master Plan is developed, Growth Management Staff will be involved in the review and recommended changes to the Land Development Code to clarify and implement a Public Arts Master Plan. ADVISORY COMMITTEE RECOMMENDATIONS: The Bayshore Gateway Triangle CRA Advisory Committee supported the Public Arts Master Plan in the 2019 adopted amendment to the Community Redevelopment Plan. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for the Board to accept this report. -SAA RECOMMENDATION: Recommendation to accept a report on current codes and regulations that govern murals in Collier County. Prepared by: Debrah Forester, CRA Director ATTACHMENT(S) 1. Excerpt Ordinance 2010-23 Immokalee Murals (PDF) 2. Excerpt Ordinance 2012-39 Bayshore Murals (PDF) 3. Resolution No 2008-60 Cultural District (PDF) 11.A Packet Pg. 692 10/22/2019 COLLIER COUNTY Board of County Commissioners Item Number: 11.A Doc ID: 10471 Item Summary: ***This item to be heard immediately after Item 5B.*** Recommendation to accept a report on current codes and regulations that govern murals in Collier County. (Debrah Forester, CRA Director) Meeting Date: 10/22/2019 Prepared by: Title: – County Manager's Office Name: Debrah Forester 10/10/2019 12:24 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 10/10/2019 12:24 PM Approved By: Review: County Manager's Office Sean Callahan Additional Reviewer Completed 10/10/2019 1:13 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 10/10/2019 2:55 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/10/2019 2:58 PM Budget and Management Office Ed Finn Additional Reviewer Completed 10/10/2019 5:58 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/14/2019 10:32 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/14/2019 10:42 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/22/2019 9:00 AM 11.A Packet Pg. 693 EXCERPT FROM ORDINANCE 2010-23 IMMOKALEE MURALS11.A.1Packet Pg. 694Attachment: Excerpt Ordinance 2010-23 Immokalee Murals (10471 : Report on Murals) EXCERPT FROM ORDINANCE 2012-39 BGTCRA MURALS11.A.2Packet Pg. 695Attachment: Excerpt Ordinance 2012-39 Bayshore Murals (10471 : Report on Murals) 11.A.3 Packet Pg. 696 Attachment: Resolution No 2008-60 Cultural District (10471 : Report on Murals) 11.A.3 Packet Pg. 697 Attachment: Resolution No 2008-60 Cultural District (10471 : Report on Murals) 11.A.3 Packet Pg. 698 Attachment: Resolution No 2008-60 Cultural District (10471 : Report on Murals) 11.A.3 Packet Pg. 699 Attachment: Resolution No 2008-60 Cultural District (10471 : Report on Murals) 11.A.3 Packet Pg. 700 Attachment: Resolution No 2008-60 Cultural District (10471 : Report on Murals) 11.A.3 Packet Pg. 701 Attachment: Resolution No 2008-60 Cultural District (10471 : Report on Murals) 11.A.3 Packet Pg. 702 Attachment: Resolution No 2008-60 Cultural District (10471 : Report on Murals) 11.A.3 Packet Pg. 703 Attachment: Resolution No 2008-60 Cultural District (10471 : Report on Murals) 11.A.3 Packet Pg. 704 Attachment: Resolution No 2008-60 Cultural District (10471 : Report on Murals) 11.A.3 Packet Pg. 705 Attachment: Resolution No 2008-60 Cultural District (10471 : Report on Murals) 11.A.3 Packet Pg. 706 Attachment: Resolution No 2008-60 Cultural District (10471 : Report on Murals) 11.A.3 Packet Pg. 707 Attachment: Resolution No 2008-60 Cultural District (10471 : Report on Murals) 11.A.3 Packet Pg. 708 Attachment: Resolution No 2008-60 Cultural District (10471 : Report on Murals) 11.A.3 Packet Pg. 709 Attachment: Resolution No 2008-60 Cultural District (10471 : Report on Murals) 11.A.3 Packet Pg. 710 Attachment: Resolution No 2008-60 Cultural District (10471 : Report on Murals)