TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
SUBJECT: An Ordinance of the City Of North Port, Florida, Repealing and Replacing Chapter 59 of the Unified Land Development Code Regarding Public Art; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.
____________________________________________________________________________
Recommended Action
City Commission approve and continue Ordinance 2022-27, repeal and replacement of Unified Land Development Code (ULDC) Chapter 59 - Public Art Regulations to second reading.
Recommended Action on Second Reading
City Commission to approve Ordinance 2022-27.
General Information
On June 14, 2010, the City Commission adopted Ordinance No. 2010-14, establishing public art regulations that are codified in Chapter 59 of the ULDC.
On December 8, 2020, the City Commission discussed the City’s Public Art Contribution and voted unanimously on a motion to adjust the art fund fee for the collection from developments within activity centers to require art valued at $0.40 per square-foot of construction costs, capping it at $150,000.00.
On April 26, 2022, the City Commission discussed and consented to (1) approve the Commission agreement from December 8, 2020, regarding the formula to calculate the fee, adding a 25% incentive for developers if they place the art themselves, and (2) direct the City Manager to work with the City Attorney and Staff to bring back an ordinance for first reading.
The Planning & Zoning Division reviewed Chapter 59 of the ULDC Code and found the general requirements for public art subjective, and therefore recommends measurable public art standards as provided in the draft Ordinance. In addition, based on City Commission discussion regarding their involvement in reviewing and approving public art, the Planning & Zoning Division recommends mandatory public art, instead of an incentive, for specific development types within Activity Centers where compliant public art is approved administratively based on measurable standards; noncompliant art requires a recommendation from the Art Advisory Board prior to presentation for City Commission consideration.
The Planning and Zoning Advisory Board (PZAB) heard this item at their regularly scheduled meeting on November 3, 2022. As the PZAB action report was unavailable at the time of agenda publication, staff will relay the PZAB recommendation at the November 8, 2022, City Commission Meeting.
Information for Second Reading
At the first reading on November 8, 2022, the City Commission requested the following amendments to the proposed ordinance, and the Planning and Zoning Division revised the ordinance for second reading accordingly:
1. Remove the requirement that art be locally sourced.
2. Remove the artist selection process description from submittal requirements.
3. Remove the option to post a cash deposit for deferral.
4. Remove reference to release of cash deposit at certificate of occupancy.
The City Commission approved Ordinance 2022-27 as amended for second reading to be heard on November 22, 2022.
Strategic Plan
Good Governance Pillar
Economic Development & Growth Management Pillar
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments: 1. Staff Report with Exhibits
2. Ordinance No. 2022-27 - Second Reading
3. Presentation
4. 4-26-2022 Minutes
5. 12-8-2020 Minutes
Prepared by: Lori Barnes, AICP, CPM, Planning & Zoning Manager
Department Director: Alaina Ray, AICP, Director, Neighborhood Development Services Department