Res. No. 001-09-12810RESOLUTION NO. 01-09-12810
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA CONCERNING AN APPLICATION PURSUANT TO LAND
DEVELOPMENT CODE SECTION 20- 4.3(N) TO PERMIT THE INSTALLATION OF A
BANNER AT 5800 SUNSET DRIVE TO PROMOTE THE 3"n ANNUAL INTERNATIONAL
CHOCOLATE FESTIVAL A FUNDRAISING EVENT SPONSORED BY FAIRCHILD
TROPICAL BOTANIC GARDEN TO BE HELD AT THE GARDEN ON JANUARY 24 -25, 2009:
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Land Development Code Section 20 -4.3 (N) "Banners over
rights -of way" all non - profit organizations proposing to display a special event banner over a City
street must submit a Banner Request Application; and
WHEREAS, the applicant, Fairchild Tropical Botanic Garden, a non - profit
organization, has submitted a Banner Request Application asking for approval to hang a banner
over Sunset Drive at 5800 Sunset Drive in order to promote the 3`d Annual International
Chocolate Festival, a fundraising event to be held at the Garden during the weekend of January 24-
25, 2009;and
WHEREAS, the submitted application contains the required insurance statement,
banner design document, and fee; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to
support Fairchild Tropical Botanic Garden.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the application submitted by Fairchild Tropical Botanic Garden, a non-
profit organization, requesting approval to hang a banner over Sunset Drive at 5800 Sunset Drive
in order to promote the 3`d Annual International Chocolate Festival, a fundraising event to be held
at the Garden during the weekend of January 24 -25, 2009 is hereby approved for hanging during
the period January 11 thru January 25, 2009
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this 6"', day of January, 2009.
ATTEST:
ITY CLE
APPROVED:
MA OR
Res. No. 01 -09 -12810
(2)
READ AND APPROVED AS TO FORM:
Y Pri ORNEY
XAComm Items\2009\1-6 -09 \Banner Fairchild Chocolate Event Resolution.doe
Commission Vote:
4 -0
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Palmer:
Yea
Commissioner Beckman:
Yea
Commissioner
South Miami
NI•AmericaCdY
1 1
�- A CITY OF SOUTH MIAMI
o aioP OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members, of the City Commission
Via: Ajibola Balogun, City Manager
From: Sanford A. Youkilis, Acting Planning Directo
Date: January 6, 2009 ITEM No.
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA CONCERNING AN APPLICATION PURSUANT TO
LAND DEVELOPMENT CODE SECTION 20- 4.3(N) TO PERMIT THE
INSTALLATION OF A BANNER AT 5800 SUNSET DRIVE TO PROMOTE THE 3 R
ANNUAL INTERNATIONAL CHOCOLATE FESTIVAL A FUNDRAISING EVENT
SPONSORED BY FAIRCHILD TROPICAL BOTANIC GARDEN TO BE HELD AT
THE GARDEN ON JANUARY 24 -25 2009: AND PROVIDING FOR AN EFFECTIVE
DATE.
APPLICANT'S REQUEST
The applicant, Fairchild Tropical Botanic Garden, a non - profit organization, has submitted a
Banner Request Application asking for approval to hang a banner over Sunset Drive at 5800
Sunset Drive in order to promote the 3 "d Annual International Chocolate Festival, a fundraising
event to be held at the Garden on the weekend of January 24 -25, 2009.
APPLICABLE REGULATIONS
The City Commission at its May 1, 2007 meeting adopted Ordinance No. 10 -07 -1911 amending
the Land Development Code to require approval of all banners placed across a public street. The
ordinance created Section 20 -4.3 (N) which sets forth regulations governing the placement of
banners. Attached is a copy of the ordinance.
SPECIFIC BANNER REQUEST
It is requested that the proposed banner be placed across Sunset Drive at 5800 Sunset Drive. The
event is scheduled to take place on the weekend of January 24 -25, 2009. Attached is a copy of the
application, and a banner design document. The adopted ordinance limits the display period for a
banner to a maximum of 14 days prior to the event. The banner will be displayed January 11 -25,
2009.
RECOMMENDATION
It is recommended that the banner request be approved for the time period limit set forth in the
Land Development Code (14 days prior to the event). Attached is an approval resolution.
Backup Documentation:
Draft Resolution
Banner Application and banner design
Ordinance 10 -07 -1911
Banner Status Report
X: \Comm Items\2009 \1 -6 -09 \13anner Approval Fairchild Chocolate Event CM Report.doc
CITY OF SOUTH MIAMI
PLANNING DEPARTMENT
6130 Sunset Drive, South Miami, Fl 33143
305- 663 -6326
Banner Request Application
Application for the purpose of requesting approval to display banners over public streets promoting events
as set forth in Ordinance No. 10 -07 -1911; LDC Section 20- 4.3(N) Attached
Name of Not for Profit
Organization
Address of '
Organization b
(...
III
Contact Person a }_(D Y1, vw e`
Title 6` m6,VV1P1t Phone 3o s — b k 3j - gOUM
Briefly describe event for which you wish to display a banner in South Miami.
1tn eC \iVa\ O„ Fr. M:tv 5000/l
,
tJdt,akiS o, 6tNayc.;see Gov r3ur?.T.,'ovn A&, A
CoV,SPIv&XX01n. f3dogycww3
Eventdate(s) Z✓QJUNda_� !:Jar,uav! �4)4 t1064 o,wvd. 5u
Dates banner to be displayed G tld0.trY o to 0.�o0. V
may t-5a,^U4Ty
C902r)
Location(s> 42 Sheet Jus+ C?aS-k- oF- 5c1 AJe.nue-
A fee of $250 per banner is required to cover cost incurred by the city to hang and remove
the banner.
Received by Check #
ATTACHMENTS REQUIRED: Proof of Insurance Rec'd!
Banner Design (including wording) Recd
➢ Banners will be displayed JO-14 days before the advertised event takes place;
banners will be removed by the City after the end of the special event.
➢ Banner Specifications-30 Feet long X 3 -4 Feet Wide, 60 Feet of nylon rope with
hooks and the banner must have vents.
---------------------------------------------------------------------------------------------------------
City Commission Approval Resolution No. Date
Date
City Manager
(To be signed by City Manager following approval by City Commission)
2-S t 20C
ORDINANCE NO. 10-07-191
SOUTH MI I f, FLORIDA, AMENDING AND COMMISSION 2-4.3 SIGN REGULATIONS OF CITY
THE SOUTH MIAMI LAND DEVELOPMENT CODE IN ORDER TO REGULATE THE
PLACEMENT OF BANNER SIGNS OVER PUBLIC STREETS; PROVIDING FOR
APPLICATION REQUIREMENTS, DISPLAY LIMITATIONS, APPLICATION FEES
AND AN APPROVAL PROCESS; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 1995 the City Commission approved Resolution No. 140 -95 -9689 setting
forth a policy to regulate the hanging of banners to promote special events in the City; and
VVIIEREAS, the current policy adopted in 1995 limits banner placement to special events by
non - profit organizations and requires City Commission approval; and
WHEREAS, the Mayor has requested that this policy be codified by incorporating the current
policy set forth in Resolution No. 140 -95 -9689 into the signage section of the Land Development
Code; and
WHEREAS, the Planning Department has prepared an amendment to the Land Development
Code which creates new Section 20 -4.3 (1) to be entitled `Banners over rights -of -way; and
WHEREAS, the Planning Board at its February 27, 2007 meeting, after public hearing,
approved a motion by a vote of 6 ayes I nay recommending that the proposed Land Development
Code amendment contained in this ordinance be adopted; and
WHEREAS, the City Commission desires to accept the recommendations of the Planning
Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20- 4.3(N) of the Land Development Code is hereby enacted and will read
as follows:
Section 20- 4.3(N) Banners over riabts- of -wap
(1) Organizations wishing to display a banner over rights -of way in the City of South
Miami must submit to the Planning Department a `Banner Request' application at
least 30 days in advance.
(2) The City Commission will review all requests and will determine whether the
request conforms to the following guidelines:
(a) Only not for profit organizations may display banners;
(b) Banners for no more than three special events shall be displayed at any given
time,
(c) Banners may be displayed 10 -14 days before the advertised event takes place;
banners must be removed within five days after the end of the special event.
Ord. No. 10 -07 -1911
(d) Banner design, color, size, proposed location and wording must be approved
by the City Commission, and must be submitted along with request-
(3) The organization displaying a banner must provide proof of public liability insurance
naming the City of South Miami as additionally insured for the period of time banner is
displayed.
999992ME ization must pay a $250 fee in advance or the actua l cost4 fee =�vsrs red by the City to hang and remove the banner. The Cify Coe from time to time in order to reflect fhe current costs of instf the firms a roved b the cF to han and remove the ntities �erformfn4 this task.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Section 5. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 1St day of
C
l�I CLERIC
l" Reading - 4/3/07
2 °d Reading - 5/ 1/07
READ AND APPROVED AS TO FORM:
GI ATTORNEY
M. -
P: \Comm Items\2007 \4- 24- 07\PB-07 -008 LDC Amend Banner Sips Ord.doc
COMMISSION VOTE:
5 -0
MayorFeliu:
Yea
Vice MayorWiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Birts
Yea
Commissioner Beclanan: Yea
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