14-1348 Temporary Art Project, Weston Park, L.P.RESOLUTION NO.14-1348
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, ENCOURAGING AND
ALLOWING A COMMUNITY -BASED TEMPORARY ART
PROJECT USING PORTIONS OF THE TEMPORARY
CONSTRUCTION FENCE SURROUNDING THE
PROPOSED WESTON PARK APARTMENT SITE;
PROVIDING FOR REASONABLE RESTRICTIONS
RELATING TO THE OPERATION, MAINTENANCE AND
DISPLAY OF THE TEMPORARY ARTWORK;
PROVIDING FOR CITY APPROVAL OF ARTWORK TO
BE DISPLAYED; PROVIDING FOR AN EXPIRATION
DATE; PROVIDING FOR CONFLICTS AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Longwood (the "City Commission")
recognizes the benefits of artwork on private property that is visible to the public, which can
enhance and enliven publicly accessible places and represent a community's unique identity and
civic pride; and
WHEREAS, the City of Longwood desires to join with other communities in Florida and
across the nation that have encouraged the creation and display of quality artwork on private
property visible to the public; and
WHEREAS, the City Commission recognizes that the arts foster economic development,
improve the local business climate, enhance the image and aesthetics of the community, and
Promote cultural tourism; and
WHEREAS, the Code of Ordinances of the City of Longwood regulates signage, which
includes any writing, pictorial presentation, number, illustration, or decoration, flag, banner or
pennant, attention getting device, or other device which is used to announce, direct attention to,
identify, advertise or otherwise make anything known;
WHEREAS, the Code of Ordinances of the City of Longwood allows the display of
temporary signs that do not require a permit where such signs constitute works of art that do not
constitute advertising and are otherwise approved by the City;
WHEREAS, a community -based temporary art project would create a stimulating
cultural environment that reflects the City of Longwood's heritage, diversity, and character
through the artwork's integrating on the community's architecture, infrastructure, and landscape;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA, AS FOLLOWS:
SECTION I: The City Commission expresses its support for and encourages the creation of a
community -based temporary art project using portions of the temporary construction fence to
surround the proposed Weston Park Apartment site owned by Weston Park, L.P. located along
Longwood Avenue opposite the Sunrail Station and along the North side of Church Avenue,
subject to the conditions of this Resolution and other reasonable conditions as may be imposed
by the City.
SECTION II: The artwork displayed under this community -based temporary art project shall
be located on and limited to the outward facing surface area of the segments of the temporary
construction fence on private property surrounding the proposed Weston Park Apartment site
adjacent to and that face Longwood Avenue and Church Avenue. The artwork displayed on the
temporary construction fence shall be limited to murals and/or paintings on the surface or that
are securely affixed to the surface of the temporary construction fence to be installed. The
artwork display area shall be limited to surface area of the temporary construction fence and
shall not overhang the top, bottom or sides of the fence. No part of the community -based
temporary art project or its artwork shall encroach or project over, into, or on any public right-of-
way, except as may be specifically approved by right-of-way use permit or agreement
concerning the temporary construction fence slightly encroaching in the Church Avenue right-of-
way. The community -based temporary art project and its artwork shall be displayed no longer
than one -hundred and eighty (180) days; provided however, after the display of artwork for a
period of no less than 120 days, Weston Park, L.P. may request in writing an extension of the
display period from the City Commission, which may be granted or denied in the sole discretion
of the City Commission. In no event shall the community -based temporary art project be
permitted to remain on display following the completion of construction of the proposed Weston
Park Apartment site, or following the removal of the temporary construction fence.
SECTION III: The temporary construction fence described herein shall be installed in
accordance with the Florida Building Code, the Code of Ordinances of the City of Longwood,
and other applicable state and federal laws. A permit for the temporary construction fence is
required prior to the installation of the fence. Weston Park, L.P. shall, at its expense, have the
duty to maintain, in a safe and attractive manner and free from nuisance, the temporary
construction fence and any artwork thereon. In the event any vandalism (including without
limitation, defacing and graffiti) occurs to the temporary construction fence or any artwork
thereon, Weston Park, L.P. shall promptly, but no more than ten days after an occurrence, repair
and/or replace any affected portions of the fence and/or artwork to remove or correct the damage
caused by the vandalism.
SECTION IV: Prior to the display of any artwork under the community -based temporary art
project, Weston Park, L.P. shall obtain the City Commission's approval of the proposed artwork
to be displayed. In order for the City Commission to consider the proposed artwork to be
displayed, Weston Park, L.P. shall provide to the City of Longwood the following:
(1) The qualifications of the proposed artist(s);
(2) A proposal of the community -based temporary art project, preliminary design
concepts, and a schedule of completion and installation;
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(3) A statement of how the artwork recognizes or otherwise comports with the
purposes and goals set forth in this Resolution;
(4) Appropriateness and lawfulness of the artwork on the proposed site, including its
relation to other signs, buildings, the public right-of-way, and other improvements;
(5) Stated compliance with and protections associated with public accessibility or
visibility, as applicable;
(6) An agreement that Weston Park, L.P. shall be solely resl�p-nsible for- he custody,
protection, and maintenance of the artwork and compliance with this Resolution and
other conditions imposed concerning the community -based temporary art project; and
(7) A description of the scale of the art project, and factors relevant to the visual location
of the art project to ensure that the public receive the most enjoyment and benefit of the
community -based temporary art project.
The City Commission shall utilize the above -referenced information to determine whether the
City of Longwood shall continue support of the community -based temporary art project, whether
the proposed artwork constitutes exempt signage not requiring a permit, and whether the
proposed artwork otherwise complies with the Code of Ordinances of the City of Longwood and
other applicable laws. If the City Commission denies the proposed artwork, then Weston Park,
L.P. shall not proceed with the community -based temporary art project and the display of
artwork on the temporary construction fence.
SECTION V: This Resolution shall not be construed or otherwise deemed an approval of the
temporary construction fence, the artwork proposed to be displayed, or final approval of the
community -based temporary art project, or the proposed development of the Weston Park
Apartment site. Nothing in this Resolution shall constitute or be deemed to constitute or require
the City to issue any approval of any waiver, variance, special exception, planned development,
development agreement, site plan, plat, subdivision plan, right-of-way use permit or vacation and
abandonment, building permit, grading, stormwater drainage, engineering, construction plan, or
any other development order, development permit or other form of approval.
SECTION VI: Conflicts. All resolutions or parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION VH: Effective Date. This Resolution shall take effect immediately upon its
adoption.
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DULY ADOPTED this 17th day of February, 2014.
CITY COMNIISSION
CITY OF LONGWOOD, FLORIDA
Brian D. Sackett, Mom!
Approved as to form and legality for the use and reliance of the City of Longwood, Florida only.
W. Langley, City
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