Placement: Second Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 21-105, Public Hearing, An Ordinance of the City of Port St. Lucie, Florida, Amending Title XV “Land Usage”, Chapter 162 “Art in Public Places” of the Code of Ordinances of the City of Port St. Lucie (P21-141)
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Submitted By: Bridget Kean, Senior Planner
Strategic Plan Link: The City’s Mission to plan for smart and balanced growth.
Executive Summary (General Business): This is a city-initiated text amendment to Chapter 162 - Art in Public Places. Chapter 162 establishes the public art requirements for private development and city public works projects. All private development meeting the applicability requirements is subject to a public art assessment of one percent of the total dollar amount of a project’s total construction costs. There are three methods available for development projects to satisfy the City’s public art requirements. The first option is to provide artwork on site. The second option is to pay a fee in lieu and the third option is a combination of the two. The proposed text amendment would add a fourth option to be known as an alternative equivalent proposal. Under the alternative equivalent proposal option, a developer could apply to combine the public art assessment for one or more projects into one larger work of art in lieu of several smaller works of art. As part of the approval process, the developer could receive permission to locate the art on City right-of-way, on property owned by other public agencies, or on another property under the control or ownership of the developer.
Presentation Information: Staff may provide a short presentation.
Staff Recommendation: Move that the Council adopt the text amendment as recommended by the Planning and Zoning Board and the Public Art Advisory Board.
Alternate Recommendations:
1. Move that the Council amend the recommendation and adopt the text amendment.
2. Move that the Council not approve the amendment and provide staff direction.
Background: The Public Art Advisory Board (PAAB) recommended approval of the proposed text amendment at the August 16, 2021 PAAB meeting. The Planning and Zoning Board recommended approval of the proposed text amendment at the October 5, 2021 Planning and Zoning Board meeting.
Issues/Analysis: The intent of this amendment is to allow a developer or owner of multiple parcels to apply to combine the public art assessment for each of the parcels into a larger public art project. At present, the Code requires each project to provide public art on site or pay a fee in lieu. There is no mechanism for a private developer or owner of multiple parcels to combine the public art assessment into a larger public art piece and to locate the public art piece off-site. The amendment provides the City Council with the option to approve the alternative equivalent proposal if it finds (1) that the alternative equivalent proposal will further the purposes of Chapter 162; (2) the cost of the alternative equivalent proposal will be equal to or greater than the cost of the public art contribution that would otherwise be required for one or more projects; and (3) the developer and/or owner 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.
Financial Information: N/A
Special Consideration: The proposed amendment will allow the Public Art Advisory Board to impose reasonable conditions of approval such as requiring the developer and/or owner 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.
Location of Project: N/A
Attachments:
1. Ordinance
2. Staff Report
3. Minutes from the August 16, 2021 PAAB Board Meeting
4. 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: 7198
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.