File #: ORD. NO. 2022-27    Version: 1 Name: Ordinance No. 2022-27, Repealing and Replacing Chapter 59 - Public Art Regulations of the Unified Land Development Code
Type: Ordinance Status: Passed
File created: 10/20/2022 In control: City Commission Regular Meeting
On agenda: 11/22/2022 Final action: 11/22/2022
Title: 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
Attachments: 1. Ordinance - Second Reading, 2. Ordinance - First Reading, 3. Staff Report with Exhibits, 4. Presentation, 5. 4-26-2022 Minutes, 6. 12-8-2020 Minutes

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