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Phoenix planned art ordinance aims to help spread artworks across town

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City of Phoenix and art industry officials are viewing Phoenix’s proposed art in private development requirement as a way to ensure art is not concentrated in only some parts of the city.

Catrina Kahler, president and CEO of the arts nonprofit Artlink, spoke before the Phoenix Economic Development and the Arts Subcommittee on Wednesday. She said most of the investment in publicly-viewable art in the city has been in downtown or central Phoenix.

“Given the growth of our city is not just taking place in these areas, we warmly support the idea of a comprehensive approach throughout the city of Phoenix,” Kahler said.

Phoenix is still in the designing phase of a new art in private development ordinance. Interim Arts and Culture Director Carrie Brown said she and her team plan to do some additional outreach to the development and artist communities, research other city’s ordinances and address questions from subcommittee members before returning with an update in four or five months.

Phoenix does have an art in private development, or AIPD, ordinance now. Including art in development is not mandatory, but it provides incentives for developers. Brown said it has led to some notable artworks, such as the nine-story high “James Baldwin” mural by Antoinette Cauley at 1001 N. Central Ave., completed in 2020. However, it has not been that successful in other parts of town.

“The current version of AIPD has had minimal impact across Phoenix’s vast development landscape, particularly in the suburban corridors,” Brown said.

Phoenix plans to craft its ordinance after other U.S. cities and Arizona cities like Scottsdale, Tempe and Sedona.

The draft plan Brown presented would apply to commercial and mixed-use developments with a building valuation of at least $5 million. It would require 1% of the project’s budget be put toward publicly-accessible artwork on the property. Developers could opt instead for an in lieu of payment of 0.5% of their budget into the city’s art fund to be used on public art.

Councilmember Ann O’Brien encouraged a 1% in lieu of payment to match the 1% requirement for on-property art, like Scottsdale has. Brown said they had put down 0.5% to mirror the ordinance from Oakland, California, which recently survived a court challenge. She said they could certainly change it to 1% if that was city council’s direction.

O’Brien, chair of the subcommittee, said she was concerned of about the idea of an in lieu of payment going toward installing art in another part of town than the development.

“One of the things that concerns me is that art is equally important to our entire city — the culture, making it feel like a place to be — not just in downtown,” she said.

The sculpture “A Path for Water” by Barbara Grygutis is shown at Sixth Street and Butler Drive in Phoenix.
The sculpture “A Path for Water” by Barbara Grygutis is shown at Sixth Street and Butler Drive in Phoenix.
(Courtesy city of Phoenix)

Brown said an important consideration there would be to add a geographic limit that would require the artwork resulting from the in lieu of payment to be within five miles, for example, of the new development.

Another action Phoenix is considering in lieu of a developer installing art on their property is for the developer to reserve space on the property that is open and accessible for cultural use.

“This action could help fill the gap for affordable studio and performing space that is desperately needed in Phoenix,” Brown said.

O’Brien also encouraged staff to consider making the ordinance apply to large residential developments as well.

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