TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: Discussion and possible action regarding the City’s Public Art Contribution Program
Recommended Action
Discussion and possible direction to staff.
Background Information
At the Commission meeting on July 17, 2019, Commission provided direction to review the City’s public art contribution requirement. This was due to escalation of construction costs given that the ULDC computes the art impact fee as a factor of construction costs. The City of North Port public art requirements state that all new developments must “contribute an amount equal to one-half (½) of one percent (1%) of the first fifty million dollars ($50,000,000.00) in construction cost for the project for a maximum contribution of two hundred fifty thousand dollars ($250,000.00) to the City Public Art Account.” Further, the minimum threshold for projects to be subject to these requirements is $250,000.00. The maximum mandated contribution is $250,000.00. It is important to note that while construction costs have increased for development projects, this escalation would also apply to the purchase and installation of public art.
Staff researched public art contribution requirements used by other local governments in the State of Florida. The process included a review of 16 public art ordinances which mandated contributions towards public art for private development projects.
Attachment 1 provides a summary of the requirements of these ordinances. There are two ways in which the public art fee is computed:
1. As a factor of cost of construction/renovation (13 local governments)
2. As a factor of area of the new development/renovated area (3 local governments)
As a factor of cost of construction/renovation
The private developer contributes 0.5-1.25% of the total development construction cost towards public art on site or towards the city public art fund. Some governments provide a minimum threshold of construction costs that determine if the project is subject to public art requirements. Similarly, some ordinances cap the maximum contribution amount.
As a factor of area of the new development/renovated area
The private developer contributes $0.5-$1 per square foot of gross floor area. There are minimum floor area requirements for projects to be subject to this requirement.
Attachment 2 provides an analysis of 5 distinct public art requirements. The requirements of the cities; Homestead, Sarasota, Tampa, Coral Springs and Naples are used for this analysis. These requirements are applied to a sample development ‘Project X’, with a gross floor area of 111,797 sq. ft. and total construction costs of $26,011,807. The table determines the applicable public art contribution for the project, if it were to be constructed in each of the chosen 5 cities.
Attachment 3 provides the development code text for the 5 cities in the analysis. The specific language and figures used in computing the art impact fee is highlighted.
Strategic Plan
Guide the development of neighborhoods toward a desired image consistent with the approved urban design aesthetic.
Financial Impact
Financial impact will be determined later based on Commission direction.
Procurement
Attachments:
1. Summary of Florida Public Art Requirement Examples
2. Sample Project Public Art Calculations
3. Example Public Art Ordinances
Prepared by: Rhea Lopes, Planner
Department Director: Frank Miles, MPA, Director, Neighborhood Development Services