Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 23-R21, A Resolution Approving Artwork Submitted by Sansone Group, LLC, in Connection with the Approval of an Alternative Equivalent Proposal for Public Art for a Project known as “Tree of American Dreams” (P21-222).
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Submitted By: Bridget Kean, AICP,
Strategic Plan Link: The City's Goal to enjoy culture, nature and fun activities.
Executive Summary (General Business): The Sansone Group, LLC, has submitted an application for an Alternative Equivalent Proposal for Public Art in accordance with Section 162.08 of the City’s Code of Ordinances. The proposal is for a work of art to be known as the “Tree of American Dreams” and comprised of a bronzed tree with eight branches and topped by an American Eagle. The artist is Geoffrey C. Smith. The proposed art piece will be approximately fourteen (14) feet in height and be on a raised pedestal. The proposed location is the northeast corner of the intersection of SW Anthony F. Sansone Sr Boulevard and Becker Road on property dedicated to the Southern Grove CDD No. 5 and legally described as Southern Grove Plat No. 33, WMT-1.
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.
Presentation Information: Staff may provide a short presentation.
Staff Recommendation: Move that the Council approve the Alternative Equivalent Proposal for Public Art 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 Alternative Equivalent Proposal for Public Art subject to the conditions set forth in Section 2 of the proposed resolution.
2. Move that the Council not approve the proposal and provide staff direction.
Background: At the September 19, 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 “Tree of American Dreams” Sculpture subject to the conditions that are listed in Section 2 of the proposed resolution.
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: In partnership with the Port St. Lucie Governmental Finance Corporation (GFC), the Sansone Group is the major developer of Legacy Park in Southern Grove. Legacy Park is generally located north of Becker Road, east of SW Village Parkway, south of the future extension of Marshall Parkway, and west of Interstate 95. The request is to combine the public art assessment for six approved projects in Legacy Park into one larger public art project. The six projects are as follows:
1. P20-181 - Tradition Regional Business Park Site Plan (Fed Ex)
2. P21-057 - Project Senior (Amazon)
3. P21-095 - Tradition Regional Business Park Lot 2 Site Plan (168,000 sq ft spec building)
4. P21-096 - Tradition Regional Business Park Tract A Site Plan (520,000 sq ft spec building)
5. P22-110 - Legacy Park Lot 3 Site Plan (250,000 sq ft spec building)
6. P22-222 - Project Green Site Plan
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 “Tree of American Dreams” Sculpture is not fabricated and installed as proposed. Below is a brief overview the condition of approval:
1. A site plan application for the proposed “Tree of American Dreams” sculpture be submitted for City Council approval within 90 days of Council approval of the Proposed Alternative Equivalent Proposal.
2. A license agreement between the Southern Grove CDD No. 5 and the Sansone Group, LLC, must be submitted as part of site plan approval and finalized within 120 days of City Council approval of the site plan. No permits shall issue to facilitate the Site Plan until the license agreement is approved by the City and executed by the relevant parties.
3. A restrictive covenant is required to ensure retention and maintenance of the “Tree of American Dreams” Sculpture.
4. Only the Identified Projects shall be eligible to meet their Public Art Requirement through the value of the “Tree of American Dreams” sculpture.
5. A detailed cost estimate of the value of the “Tree of American Dreams” Sculpture is provided to determine the value of the sculpture.
6. A surety, in a form acceptable to the City, is posted in favor of the City in the amount of the Estimated Value within 60 days of City Council approval of the Alternative Equivalent Proposal.
7. The final completion date for the “Tree of American Dreams” sculpture is February 27, 2025. If the sculpture is not installed by the February 27, 2025, deadline, then the City is entitled to seek reimbursement from the Surety to meet the Public Art Requirements for the six projects.
Financial Information: N/A
Special Consideration: N/A
Location of Project: The proposed location is the northeast corner of the intersection of SW Anthony F. Sansone Sr Boulevard and Becker Road on property dedicated to the Southern Grove CDD No. 5 and legally described as Southern Grove Plat No. 33, WMT-1.
Attachments:
1. Resolution
2. Exhibit “A” List of Identified Projects
3. Exhibit “B” Applicant’s Proposal
4. Artist’s Background Information
5. Public Art Application
6. September 2022 PAAB Minutes
7. Staff Presentation
8. 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: 9587
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.