Res. No. 165-07-12550RESOLUTION NO. 165-07-12550
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 OVER SUNSET DRIVE AT SW 59 AVENUE TO PROMOTE A HALLOWEEN
FUNDRAISING EVENT AT FAIRCHILD TROPICAL BOTANIC GARDENS TO BE HELD
OCTOBER 27-28,2007: 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 Tropical Gardens, a non - profit
organization, has submitted a Banner Request Application asking for approval to hang a banner
over Sunset Drive east of SW 59"' Avenue in order to promote a fundraising event entitled
Halloween Happenings to be held at Fairchild Gardens, 10901 Old Cutler Road which will take
place at the Gardens on the weekend of October 27 -28, 2007; 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 Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section I. That the banner request submitted by the Fairchild Tropical Botanic Gardens, a
non -profit organization, requesting approval to hang a banner (as shown on the attached Exhibit
"A') over Sunset Drive east of SW 59 h Avenue (or at a location which the City has determined can
accommodate the banner) in order to promote a fundraising event entitled Halloween Happenings
to be held at Fairchild Gardens, 10901 Old Cutler Road which event will take place at the Gardens
on the weekend of October 27 -28, 2007, is hereby approved for the period October 4-3 20 thru
October 27, 2007.
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this 2'd. day of October, 2007.
ATTEST:
Y CLERK
APPROVED:
Mn(�_a;),v<&� -
A OR
Res. No. 165 -07 -12550
(2)
READ AND APPROVED AS TO FORM:
Cylv A ORNEY
Attachment: Exhibit "N'
P:1Comm Items12007110- 2- 071Banner Sunset Dr Fairchild Halloween Resol.doc
Commission Vote:
5-0
Mayor Feliu:
Yea
Vice Mayor Wiseombe:
Yea
Commissioner Palmer:
Yea
Commissioner Birts:
Yea
Commissioner Beckman:
Yea
To:
Via:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER — OFFICE MEMORANDUM
The Honorable Mayor Feliu and Members of the City Commission
I�
Yvonne S. McKinley, City Manager
From: ulian Perez, Planning Director
.ie,-
Date: October 2, 2007
ITEM No. 4—
South Miami
All - America CRY
1
a
2007
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 OVER SUNSET DRIVE AT SW 59 AVENUE TO
PROMOTE A HALLOWEEN FUNDRAISING EVENT AT FAIRCHILD TROPICAL
BOTANIC GARDENS TO BE HELD OCTOBER 27 -28, 2007: PROVIDING FOR AN
EFFECTIVE DATE.
APPLICANT'S REQUEST
The applicant, Fairchild Tropical Botanic Gardens, a non -profit organization, has submitted a
Banner Request Application asking for approval to hang a banner over Sunset Drive in order to
promote a fundraising event entitled Halloween Happenings to be held at Fairchild Gardens,
10901 Old Cutler Road.
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
The proposed banner would be placed across Sunset Drive east of SW 591h Avenue. The event is
scheduled to take place on the weekend of October 27 -28, 2007. Attached is a copy of the
application, the required insurance statement 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
applicant has requested a display time period of 14 days, October 13, 2007 to October 27, 2007.
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
BannerApplication and banner design
Ordinance 10 -07 -1911
JP /.S14Y
P:1Comm ltems12007110- 2- 071Banner Approval Fairchild Halloween Event CM Report.doc
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Banner Regme,ai Applica Sian
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as set forth W Ordinance-No. fiF -(i �' -t 11; L,E3C a eetfas� R- . (Alj tia�N�+r
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THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
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DFUQRIPTIONOF OPERATIONS I LOCATIONS IVEHICLEr pI5YCLUSI ONS ADDED BYMOR &F- MENT19PE91A4PROUiSIONS -
REa slaalomeen Happenings at Fairchild Tropical Soteutia Garden, boiag field GctobGZ 27 -28, 2007. Sannnr being displayed
from Octoboz 13 -21, 2007, located at 72rx$ etreet juot bast Of 59th avv=e.
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ORDINANCE NO. 10-07-1911
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING SECTION 20 -4.3 SIGN REGULATIONS OF
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
WHEREAS, 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 -9589 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 (N) 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 MfANII, 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 rights-of-way
(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 givers
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
2
(d) Banger 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.
(4) The organization must pay a $250 fee in advance or the actual cost
incurred by the City to hang and remove the banner. The City Commission may
adjust this fee from time to time in order to reflect the current costs of installation. The
City or one of the firms approved by the city to hang and remove the banners will
be the only entities_performing 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 S. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 1 St day of
EST:
J
ICY CLERK
1"Reading -- 4/3/07
2111 Reading -- 5 / 1 / 0 7
READ AND APPROVED AS TO FORM:
Y ATTORNEY
P:IComm items12007A- 24- 071PB- 07-008 LDC Amend Banner Signs Ord.doe
COMMISSION VOTE:
5 -0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Birts
Yea
Commissioner Beckman:
Yea