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CITY OF MIAMI
ART IN PUBLIC PLACES BOARD "AIPPB"
RESOLUTION NO. AIPP-R-22-018
RE: AIPPB objects to Miami Freedom Park LLC request to exempt all development
within the leased portion of the Miami Freedom Park SAP from complying with
Public Art Requirements
City of Miami
AIPP Resolution
Enactment Number: AIPP-R-22-018
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12166 Final Action Date: 7/11/2022
A RESOLUTION OF THE CITY OF MIAMI ("CITY") ART IN PUBLIC PLACES
BOARD PURSUANT TO CHAPTER 62, ARTICLE XVI OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), RECOMMENDING TO THE
MIAMI CITY COMMISSION AND THE CITY'S PLANNING, ZONING, AND APPEALS
BOARD THAT ANY REQUEST BY MIAMI FREEDOM PARK, LLC TO EXEMPT
DEVELOPMENT WITHIN THE LEASED PORTION OF THE MIAMI FREEDOM PARK
SPECIAL AREA PLAN FROM COMPLYING WITH THE PUBLIC ART
REQUIREMENTS OF THE CITY CODE, ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21
CODE"), AND THE CITY'S PUBLIC ART MASTER PLAN AND PROGRAM
GUIDELINES, BE DENIED; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 12, 2017, the Miami City Commission pursuant to Ordinance
No. 13114 established the Public Art Program, requiring all Government Development Projects
to set aside one and a half percent (1.5%) of project costs for the acquisition, commissioning,
and selection of Art for the Development Project in accordance with the criteria and standards
set forth in the adopted Public Art Master Plan and Public Art Program Guidelines; and
WHEREAS, pursuant to Article 1, Section 1.5 of Ordinance No. 13114, the Zoning
Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), a "Government
Development Project" is "Any Development initiated by a government agency, as defined in
Article 1 of this Code and Section 2-11.15 of the Miami -Dade County Code, as amended,
including remodeling, construction, or redevelopment, which requires a Building permit or
permits as described on the precise plan submitted for approval to the City. For purposes of this
Article, Government Development Projects shall also include:
• Private Sector Capital Development on land own by the government or on private
land with the Structure owned by the government.
• Development projects done through agreements with a private entity, including
but not limited to leases or development agreements (i.e. the government
contracts with another party to develop a Structure that the government will own
now or in the future).
• All development projects funded or partially funded by General Obligation Bond
("GOB") dollars,"; and
WHEREAS, on March 10, 2022, the Miami City Commission, pursuant to Resolution No,
R-22-0107, adopted the City of Miami Public Art Master Plan and Program Guidelines in
accordance with Ordinance No. 13114, which establish specific standards and criteria for the
integration of public art at Major Facilities as outlined in Section IV(A) of the Public Art Master
Plan; and
City of Miami Pagel of 3 File !D: 12166 (Revision:) Printed On: 7/20/2022
WHEREAS, under Major Facilities, Sport Venues serve "[ajs the principal destination
area for sports and entertainment in the greater Miami area" and "offer a unique opportunity to
display the area's cultural, historic and environmental diversity through the integration of public
works of Art"; and
WHEREAS, the Public Art Master Plan further describes priority areas for the placement
and integration of art work(s) in Sports Venues to include:
a. Major entry and exit points.
b. visitor areas, plazas and principal facades
c. Perimeter areas which interface with surrounding communities, where works of
art can provide amenities and encourage use by the public to ease the transition
between the sports venue and its surroundings.
d. Areas visible from surrounding thoroughfares and public places; and
WHEREAS, the Art in Public Places Board ("Board") notes that Miami Freedom Park
LLC ("Lessee") seeks to develop an approximately One Billion Three Hundred Million Dollar
($1,300,000.00) mixed -use major sports venue on government land at the gateway to the City of
Miami ("City") and the Miami International Airport, which would be the largest private capital
development project on government land owned by the City to date and provides an exceptional
opportunity for the integration of iconic public art and creative placemaking for the greater Miami
area; and
WHEREAS, the Board finds the request to exempt the Lessee's development from
public art requirements on government land to be inconsistent with the intent and purpose of the
Public Art Program as further described in Articles 1 and 11 of the Miami 21 Code, Article XVI of
the Code of the City of Miami, Florida, as amended ("City Code"), and the City's Public Art
Master Plan and Program Guidelines; and
WHEREAS, the Board after consulting with planning staff finds that no other Special
Area Plan ("SAP") development on city own land to date has been exempt from complying with
Public Art requirements; and
WHEREAS, the Board respectfully recommends that the Miami City Commission
require, and the Planning, Zoning, and Appeals Board recommend the removal of Sections 1.5
and 3.17 from the Miami Freedom Park Special Area Plan ("SAP") Regulating Plan, a proposal
of which is attached hereto as Exhibit A; and
WHEREAS, the Board further respectfully recommends that the Applicant, Lessee, or
successor comply with the City's Art in Public Places Program pursuant to the Miami 21 Code,
Article XVI of the City Code, and the City of Miami Public Art Master Plan and Program
Guidelines, as the SAP Area is owned by the City; and
WHEREAS, no SAP on City -owned land, including the Parrot Jungle SAP, has been
exempt from public art requirements; and
WHEREAS, City staff was directed to prepare this resolution by the Board at its last
meeting;
NOW, THEREFORE, BE IT RESOLVED BY THE ART IN PUBLIC PLACES BOARD
OF THE CITY OF MIAMI, FLORIDA:
City of Miami
Page 2 of 3 File ID: 12166 (Revision:) Printed On: 7/20/2022
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Board respectfully recommends that the Miami City Commission require,
and the Planning, Zoning, and Appeals Board recommend the removal of Sections 1.5 and 3.17
from the Miami Freedom Park Special Area Plan ("SAP") Regulating Plan, a proposal of which
is attached hereto as Exhibit A.
Section 3. The Board further respectfully recommends that the Applicant, Lessee, or
successor comply with the City's Art in Public Places Program pursuant to the Miami 21 Code,
Article XVI of the City Code, and the City of Miami Public Art Master Plan and Program
Guidelines, as the SAP Area is owned by the City.
Section 4. This Resolution shall be effective immediately upon its adoption.
Reviewed and Approved:
freli Nunez
7/20/2022
City of Miami Page 3 of 3 File ID: 12166 (Revision:) Printed On: 7/20/2022