Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 22-R69, A Resolution Approving Artwork Submitted by Mattamy Palm Beach, LLC, in Connection with the Approval of an Alternative Equivalent Proposal for Public Art For a project known as “HEART to HEART” (P22-109)
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Submitted By: Bridget Kean, AICP, Senior Planner
Strategic Plan Link: The City's Goal to enjoy culture, nature and fun activities.
Executive Summary (General Business): All private development meeting the applicability requirements of the City’s public art ordinance is subject to a public art assessment of one percent of the total dollar amount of a project’s total construction costs. The public art assessment is capped at $100,000. Section 162.08 of the City’s Code of Ordinances allows a developer to elect one of four assessment methods to comply with the City’s public art requirements: on-site artwork; contribution to fund; on-site artwork and contribution to fund; or submittal of an alternative equivalent proposal. Under the alternative equivalent proposal, a developer can apply to combine the public art assessment associated with multiple projects into one larger work of art in lieu of several small works of art and submit a proposal for freely accessible work of art on City public right-of-way, on property owned by other public agencies, or on another property under the control or ownership of the developer.
Mattamy Palm Beach, LLC, as the developer of the Southern Grove DRI, the Western Grove DRI, and the Tradition DRI, has submitted an application for an Alternative Equivalent Proposal for Public Art. The proposal is for an interactive heart-shaped mirrored stainless steel sculpture by the artist Jefre and named “HEART to HEART”. The proposed public art project to be known as “Heart in the Park” will have a total height of 73'-6" and include a 3'-6" raised public plaza, a 10' visitor’s center, and a 60' Heart Sculpture. The proposed location is a one acre parcel, more or less, located at the Southwest corner of Village Parkway and Discovery Way (Telaro at Southern Grove Plat No. 2, Tract A).
Presentation Information: Staff may provide a short presentation. Steve Garrett, Lucido and Associates, and the artist, Jefre, will present an overview of the Heart in the Park project and the ‘HEART to HEART” Sculpture.
Staff Recommendation: Move that the Council approve the proposed Alternative Equivalent Proposal as recommended by the Public Art Advisory Board and subject to the conditions set forth in Section 2 of the proposed resolution.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the proposed Alternative Equivalent Proposal.
2. Move that the Council not approve the proposal and provide staff direction.
Background: At the May 16, 2022 Public Art Advisory Board meeting, the Public Art Advisory Board recommended approval of the proposed Alternative Equivalent Proposal for Public Art and the proposed HEART to HEART” Sculpture.
Under the Alternative Equivalent Proposal option, a developer must demonstrate that the cost of the alternative equivalent proposal will equal the cost of the public art assessment otherwise required for each individual project and not create unbudgeted costs for the City. The City may approve an alternative equivalent proposal if it finds that:
(A) The alternative equivalent proposal will further the purposes of City’s art in public places program and the proposed location of the alternative equivalent proposal is in reasonable proximity to the location of the site(s) generating the work of art requirement, in order to avoid clustering of all public art in one location;
(B) The cost of the proposal will be equal to or greater than the cost of the public art assessment that would otherwise be required under Subsection 162.08(2)(a)-(c); and
(C) The developer has established to the satisfaction of the City that the alternative equivalent proposal will create freely accessible public art in the City to an equal or greater extent than installation of the public art on the individual project site or a contribution to the Fund.
In approving a proposal, the City may impose reasonable conditions of approval requiring the developer to enter into agreements with the City or other public agencies or private parties to memorialize the legal obligations of all parties involved with the alternative equivalent proposal.
Issues/Analysis: Mattamy Palm Beach, LLC, is requesting the “HEART to HEART” Sculpture be used to meet the Public Art requirements for Mattamy related development projects within the Southern Grove DRI, the Tradition DRI, and the Western Grove DRI. Mattamy has estimated the value of the project at approximately $4,500,000. Mattamy has submitted a list that identifies the currently approved, proposed, and future projects whose public art assessment should be applied to the value of the “HEART to HEART” Sculpture (Identified Projects). Mattamy Palm Beach, LLC, is the current owner of the proposed project site. In the application, Mattamy Palm Beach, LLC, has stated their intent to convey the Art in the Park parcel and responsibility for maintenance and operations of the public art piece to a Community Development District in Southern Grove upon completion of the project.
City staff has reviewed the request and recommends approval subject to the conditions listed under Section 2 of the proposed resolution. The conditions are intended to ensure conformance with Chapter 162 of the City of Port St. Lucie Code of Ordinances and to ensure the City has a remedy in the event that the “HEART to HEART” Sculpture is not fabricated and installed as proposed. Below is a brief overview of the conditions:
1. Any agreement(s) between Mattamy Palm Beach, LLC, and other parties related to ownership, maintenance, and operation of the artwork and/or parcel must be submitted to the City for review and approval prior to the finalization of such agreement(s).
2. A restrictive covenant is required to ensure retention and maintenance of the “HEART to HEART” Sculpture.
3. A shared access and shared parking agreement with the adjacent property owner (Telaro at Southern Grove Plat 2, Commercial Tract A) is required as part of the approval of the associated Heart in the Park Site Plan (P22-109).
4. Only the projects listed on the Identified Projects list are eligible to meet their public art requirements through the value of the “HEART to HEART” Sculpture.
5. A detailed cost estimate and a surety, in a form acceptable to the City, are required before the developer can utilize any value of the “HEART to HEART” Sculpture to fulfill the Identified Projects Public Art Requirements.
6. The actual cost of the HEART to HEART Sculpture has to be provided to the City within thirty (30) days of the certificate of occupancy being issued for the Heart in the Park Site Plan (P22-109). Only components of the sculpture specifically defined as “Art, artwork or work of art” pursuant to section 162.02 of the Code may comprise the elements utilized to determine the actual valuation of the “HEART to HEART” Sculpture.
7. With respect to each Identified Project, Mattamy will be required to submit to the City the project location, the calculated Public Art amount for that project, show how the calculated Public Art amount is deducted from the Estimated Value or Actual Value (as applicable), and provide the remaining value for approval by the City (“Remaining Value”).
Financial Information: N/A
Special Consideration: An application for site plan approval has been submitted for the Heart in the Park project (P22-109). It depicts the raised public plaza, visitor’s center and Heart in the Park sculpture. In addition, the City has received an application for site plan approval for the adjacent commercial tract for a project known as Shoppes at the Heart Site Plan (P21-239). As proposed, there will be no vehicular access or vehicular parking (other than golf carts) at the Heart in Park site. Vehicular access and parking will be provided on the adjacent Shoppes at the Heart Site parcel.
Location of Project: The proposed location for the Heart in the Park project is the southwest corner of Village Parkway and Discovery Way.
Attachments:
1. Resolution
2. Exhibit “A” Applicant’s Proposal
3. Exhibit “B” List of Projects to be Credited
4. Application
5. PAAB Minutes
6. Staff Presentation
7. Applicant’s Presentation
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 8073
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.